ORD 474 ORDINANCE NO. 474
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING), CHAPTER
17.96 (DEFINITIONS) AND CHAPTER 15.20 (MORATORIUM ON LAND
USE PERMITS) OF THE CITY'S MUNICIPAL CODE TO CONFORM TO
STATE DENSITY BONUS LAWS, TO IMPLEMENT CITY COUNCIL
POLICY PERTAINING TO THE LOCATION OF FUTURE AFFORDABLE
HOUSING UNITS, TO MAKE CHANGES TO THE SECTION
PERTAINING TO AFFORDABLE HOUSING REQUIREMENTS FOR
NON-RESIDENTIAL PROJECTS, AND TO PERMIT SECOND
DWELLING UNITS IN THE PORTION OF THE LANDSLIDE
MORATORIUM AREA THAT IS SERVED BY SANITARY SEWERS.
WHEREAS, Chapter 17.11 of Title 17 of the Rancho Palos Verdes Municipal
Code (the "Municipal Code") sets forth various procedures and regulations regarding
provision of affordable housing within the City; and
WHEREAS, certain provisions of Government Code Section 65915 have been
revised by the state legislature that pertain to density bonuses, incentives, and
concessions provided to developers for the production of affordable housing; and
WHEREAS, Government Code Section 65915(a) stipulates that
"All cities . . . shall adopt an ordinance that specifies how compliance with [state density
bonus requirements] will be implemented;" and
WHEREAS, it is necessary to amend the City of Rancho Palos Verdes' existing
density bonus provisions set forth in Chapter 17.11 of Title 17 of the Municipal Code
and certain definitions as set forth in Chapter 17.96 of Title 17 of the Municipal Code to
bring those provisions into conformity with state law; and
WHEREAS, at their July 17, 2007 meeting, the Council provided policy direction
to Staff pertaining to the location of future affordable housing units, and directed Staff to
make changes to Chapter 17.11 to implement said policy; and
WHEREAS, on February 28, 2008, notice of a public hearing on the proposed
amendments to Chapters 17.11 and 17.96 of Title 17 of the Municipal Code was
published in the Palos Verdes Peninsula News; and
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on April
8, 2008, at which time all interested parties were given an opportunity to be heard and
present evidence regarding said amendments to Title 17 as set forth in the Planning
Commission Staff Report of that date; and
WHEREAS, the Planning Commission reviewed and considered the proposed
code amendments to Title 17 and adopted P.C. Resolution Nos. 2008-14 and 2008-15
forwarding its recommendations to the City Council for its consideration; and
WHEREAS, pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA
Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study
and determined that there is no substantial evidence that the approval of ZON2008-
00161 would result in a significant adverse effect upon the environment and, therefore,
a Negative Declaration has been prepared and notice of same was given in the manner
required by law; and
WHEREAS, the Initial Study was prepared on February 22, 2008 and distributed
for circulation and review from February 25, 2008 through March 28, 2008; and
WHEREAS, copies of the draft Negative Declaration were distributed to the City
Council, and prior to taking action on the proposed Municipal Code Amendments, the
City Council independently reviewed and considered the information and findings
contained in the Negative Declaration and determined that the document was prepared
in compliance with the requirements of CEQA and local guidelines, with respect thereto;
and
WHEREAS, on May 31, 2008, a notice of a public hearing on this code
amendment was published in the Palos Verdes Peninsula News; and
WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the City Council held a duly noticed public hearing on
June 17, 2008, at which time all interested parties were given an opportunity to be
heard and present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Chapter 17.11, Chapter 17.96 and Chapter 15.20 of the Municipal Code.
Section 2: The City Council finds that there will be no significant land use or
planning impacts associated with this project.
Section 3: The City Council finds that there will be no significant exposure to
geological risks, nor any significant impacts to water resources, air quality,
transportation/circulation, biological resources, energy and mineral resources, no
significant hazardous conditions created, no significant noise impacts, no significant
impacts to public services, no significant impacts to utilities and service systems, no
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significant aesthetic impacts, and no significant impacts to cultural and recreational
resources, as a result of the proposed project.
Section 4: The City Council finds that the amendments to Title 17 and Title 15
of the Municipal Code are necessary to preserve the public health, safety, and general
welfare in the area.
Section 5: Section 17.11.020 (Applicability) of Chapter 17.11 of Title 17 of the
Municipal Code is hereby amended to read as follows:
17.11.020 Applicability.
The requirements of this chapter shall apply to all applications which will result in the creation of
five or more dwelling units or residential lots, including but not limited to, applications for a tentative tract
map, parcel map, conditional use permit, coastal permit, building permit or other development entitlement.
Where an initial project consists of four or fewer units, and application is made within three years of the
initial project approval to further subdivide or expand the initial project such that the total number of
dwelling units or residential lots is equal to five or more, this chapter shall apply.
The requirements of this chapter shall also apply to all applications for demolition or conversion of
three or more dwelling units in the coastal specific plan district described in Chapter 17.72 (Coastal
Permits), as specified in Section 17.11.130 of this chapter. Where an initial project consists of two or
fewer units, and application is made within three years of the initial project approval to further subdivide or
expand the initial project such that the total number of dwelling units or residential lots is equal to three or
more, this chapter shall apply.
The requirements of this chapter shall also apply to any development project that has been
approved prior to adoption of this chapter, which contains a condition requiring the provision of affordable
housing.
This chapter shall further apply to conversion of existing residential rental projects to
condominium or stock cooperative ownership at any location in the city.
No residents may be evicted for the purpose of avoiding the requirements of this section. Where
residents have been evicted in the twelve months prior to filing an application listed in this section, a
presumption of avoidance shall be made, unless evidence to the contrary is submitted to, and approved
by, the city.
Section 6: Section 17.11.040 (Affordable Housing Requirements) of Chapter
17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:
17.11.040 Affordable housing requirement.
A. Number of Affordable Units Required. Except as provided for in Section 17.11.030 of this
chapter, new residential development of five or more dwelling units shall be required to dedicate
up to five percent of all units as affordable to very low income households or dedicate up to ten
percent of all units as affordable to low income households.Where a mixture of affordability levels
is provided, each very low-income affordable unit shall be weighted such that it is equivalent to
two low-income affordable units, resulting in a total weighted count equal to ten percent of total
units. The units provided pursuant this dedication requirement shall be rented or sold only to
households whose income is at a level that does not exceed the required affordability level of the
unit. Except where it has been demonstrated not to be feasible, the affordable units shall be
similar in exterior appearance, configuration and basic amenities (such as storage space and
outdoor living areas)to the market rate units in the proposed project.
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Prior to the time the affordable units become available for sale or rent, certificates of
occupancy shall not be issued for more than fifty percent of the units in the project nor shall more
than fifty percent of the individual lots be sold in cases where a tract map is involved. For phased
developments, the provision of the affordable units shall also be phased, proportionate to the size
of each development phase.
B. Location of Affordable Housing Units.
1. On-site Location. The affordable units shall be provided on-site as part of the new
residential development, unless the project applicant that is required to provide said
units proves to the City Council that providing said units on site shall render the
project infeasible.
2. Off-site Location. If, as stated above in Section 17.11.040(B)(1), the project applicant
files a request supported by a feasibility study conforming to the requirements set
forth in Section 17.11.080, and the City Council makes a finding pursuant to Section
17.11.080(D)(5)that on-site units would render the project infeasible, the project
applicant may then provide said units off-site provided that:
a. The off-site unit would not cause the existing development wherein the off-site
unit is to be located to exceed the minimum number of affordable housing units
required pursuant to Section 17.11.040(A) if the development were considered a
new development. For the purposes of this section, "existing development" shall
mean a Tract of residential homes (either condominium, townhome, single-family
detached or single-family attached)or an existing residential apartment
development; and
b. The off-site unit is not within an existing development of less than 5 residential
units; and
c. The off-site unit is a newly constructed unit, unless the following occurs:
1) the project applicant files a request supported by a feasibility
study conforming to the requirements set forth in Section 17.11.080, and
the City Council makes a finding pursuant to Section 17.11.080(D)(3)
that said off-site unit provided as a"new" construction unit would render
the project infeasible and thus"conversion units" may be provided.
"Conversion unit" shall mean an existing developed market-rate unit that
has been converted to an affordable housing unit and meets all
applicable requirements of Chapter 17.11; and
2) the City Council determines that in meeting its affordable
housing construction needs per the Regional Housing Needs
Assessment as described in the City's current General Plan Housing
Element, there are per the requirements of State Law a sufficient number
of"conversion units" available to allow the project applicant to utilize one
of the limited number of"conversion units" available to the City in
meeting its affordable housing construction need. In determining whether
there is a sufficient number of"conversion units" available, the City
Council shall first consider the City's own needs and/or plans to utilize
any available"conversion units", then secondly, shall consider any
existing agreements/approvals from the City to allow other applicants the
ability to utilize a "conversion unit". If after considering these two priority
positions, there are still available"conversion units", then the City
Council may grant the project applicant the use of any remaining
"conversion units" available.
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C. Timing of providing Affordable Housing Units. Prior to the time the affordable units
become available for sale or rent, certificates of occupancy shall not be issued for more than fifty
percent of the units in the project nor shall be more than fifty percent of the individual lots sold in
cases where a tract map is involved. For phased developments, the provision of the affordable
units shall also be phased, proportionate to the size of each development phase.
Section 7: Section 17.11.060 (Affordable Housing Incentives) of Chapter
17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:
Section 17.11.060 Affordable housing incentives.
A. Density Bonus.
1. A density bonus, as defined in Section 17.96.550 of the Municipal Code, shall be
provided by the city when a developer of a housing development consisting of five or
more dwelling units agrees to construct that housing development to contain at least
any one of the following:
a. Ten percent of the total units of a housing development for lower income
households, as defined in Section 50079.5 of the Health and Safety Code.
b. Five percent of the total units of a housing development for very low-income
households, as defined in Section 50105 of the Health and Safety Code.
c. A senior citizen housing development as defined in Sections 51.3 of the Civil
Code, or mobilehome park that limits residency based on age requirements for
housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
d. Ten percent of the total dwelling units in a common interest development as
defined in Section 1351 of the Civil Code for persons and families of moderate
income as defined in Section 50093 of the Health and Safety Code, provided that
all units in the development are offered to the public for purchase.
2. In calculating the percentage of units for either a density bonus or an increase in a
density bonus, the following shall apply:
a. The units resulting from the density bonus shall be excluded from the
calculation when determining the number of affordable housing units for each income level.
b. The units set aside as affordable for very low income households or low
income households, or both, that are required pursuant to Section 17.11.040 of this chapter,
shall be counted as part of the total units or total dwelling units in the housing development,
however, those Section 17.11.040 units shall not be counted as units reserved for very low
income households or lower income households, or both, for purposes of calculating whether
a developer qualifies for a density bonus or an increase in a density bonus.
c. The residential units do not have to be based upon individual subdivision
maps or parcels.
3. The amount of density bonus to which the developer is entitled shall vary according
to the amount by which the percentage of affordable housing units exceeds the
percentage established in subparagraph (a), (b), (c), or (d) of Section
17.11.060(A)(1). The applicant may elect to accept a lesser percentage of density
bonus. The density bonus shall be permitted in geographic areas of the housing
development other than the areas where the units for the lower income households
are located. The density bonus shall be calculated as follows:
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a. For housing developments meeting the criteria of Section 17.11.060(A)(1)(a),
the density bonus shall be twenty percent (20%). For each one percent (1%) increase in the
number of affordable units above the initial ten percent (10%) threshold of units affordable to
lower income households, the density bonus shall be increased by one and one-half percent
(1.5%) up to a maximum of thirty-five percent(35%).
b. For housing developments meeting the criteria of Section 17.11.060(A)(1)(b),
the density bonus shall be twenty percent (20%). For each one percent (1%) increase in the
number of affordable units above the initial five percent (5%) threshold of units affordable to
lower income households, the density bonus shall be increased by two and one-half percent
(2.5%) up to a maximum of thirty-five percent(35%).
c. For housing developments meeting the criteria of Section 17.11.060(A)(1)(c),
the density bonus shall be 20 percent (20%).
d. For housing developments meeting the criteria of Section 17.11.060(A)(1)(d),
the density bonus shall be twenty percent (20%). For each one percent (1%) increase in the
number of affordable units above the initial ten percent (10%) threshold of units affordable to
persons and families of moderate income, the density bonus shall be increased by one
percent(1%) up to a maximum of thirty-five percent(35%).
e. A housing development may meet the criteria for more than one density
bonus, and those density bonuses may be combined, but in no event shall the total density
bonus for a housing development exceed thirty-five percent (35%).
f. For housing developments that will contain a mixture of units restricted by
income level, but which will not meet the specified criteria to qualify for a density bonus in
each income category, if the development qualifies under one category pursuant to
subparagraph (a), (b), or (d) of Section 17.11.060(A)(1) (the "qualifying category"), the
developer may elect to add the percentages of qualifying and nonqualifying affordable
housing units together and apply that percentage to the formula for the highest income units
that will be built in order to calculate the density bonus.
g. All density calculations resulting in fractional units shall be rounded up to the
next whole number.
4. The affordable housing units shall be rented or sold only to households whose income
is at a level that does not exceed the required affordability level of the unit.
5. The affordable housing units shall be similar in exterior appearance, configuration and
basic amenities (such as storage space and outdoor living areas) to the market rate
units in the proposed project.
6. The granting of a density bonus shall not be interpreted, in and of itself, to require a
general plan amendment, local coastal plan amendment, zoning change, or other
discretionary approval.
B. Condominium Conversion. In lieu of Section 17.11.060(A) of this chapter, an applicant may
elect, at the time of the application, to have the density bonus governed by this subsection (B) if
the housing development is eligible for a density bonus pursuant to this subsection.
1. Where an applicant for a conversion of an apartment project to a condominium
project, as defined in subdivision (f) of Section 1351 of the Civil Code, agrees to
provide at least thirty-three percent of the total proposed condominium units to
persons and families of low and moderate income as defined in Section 50093 of the
Health and Safety Code, or at least fifteen percent of the total units of the proposed
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condominium project to lower income households as defined in Section 50079.5 of
the Health and Safety Code, and agrees to pay reasonably necessary administrative
costs incurred by the city, the city shall either grant a density bonus, or provide other
incentives of equivalent financial value pursuant to Section 17.11.060(E). The city
shall determine whether a density bonus or an incentive is provided, and at the city's
sole discretion, may provide both a density bonus and an incentive.
2. For the purpose of this subsection (B),
a. "density bonus" means an increase in units of 25 percent over the number of
apartments, to be provided within the existing structure or structures to be
converted7; and,
b. "other incentives of equivalent financial value" shall not be construed to
require the city to provide cash transfer payments or other monetary
compensation but may include the reduction or waiver of requirements that the
city might otherwise apply as conditions of conversion approval.
3. The units shall be sold only to households whose income is at a level that does not
exceed the required affordability level of the unit. Except where it has been
demonstrated not to be feasible, the affordable housing units shall be similar in
appearance, configuration and amenities to the market rate units in the proposed
project.
4. An applicant for approval to convert apartments to a condominium project may
submit a preliminary proposal pursuant to this subsection (B) prior to the submittal of
any formal requests for subdivision map approvals pursuant to the requirements of
Title 16 of this Code. The city shall, within 90 days of receipt of a written proposal,
notify the applicant in writing of the manner in which it will comply with this
subsection.
5. An apartment project originally developed with a density bonus or other incentive
pursuant to Section 17.11.060(A)(1) or Section 17.11.060(E) of this chapter, shall not
be eligible for a further density bonus or incentive under this subsection.
6. Nothing in this Section shall be construed to require the city to approve a proposal to
convert apartments to condominiums.
C. Land Donation.
1. When an applicant for a tentative subdivision map, parcel map, or other residential
development approval donates land to the city, the applicant shall be entitled to a
density bonus pursuant to Section 17.11.060(C)(2), if all of the following conditions
are met:
a. The applicant donates and transfers the land no later than the date of
approval of the final subdivision map, parcel map, or residential development
application.
b. The developable acreage and zoning classification of the land being
transferred are sufficient to permit construction of units affordable to very low
income households as defined in Section 50105 of the Health and Safety Code in
an amount not less than ten percent (10%) of the number of residential units of
the proposed development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate general plan designation, is
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appropriately zoned for development as affordable housing, and is or will be
served by adequate public facilities and infrastructure. The land shall have
appropriate zoning and development standards to make the development of the
affordable housing units feasible. No later than the date of approval of the final
subdivision map, parcel map, or of the residential development, the transferred
land shall have all of the permits and approvals, other than building permits,
necessary for the development of the very low income housing units on the
transferred land, except that the city may subject the proposed development to
subsequent design review to the extent authorized by subdivision (i) of Section
65583.2 of the Government Code if the design is not reviewed by the city prior to
the time of transfer.
d. The transferred land and the affordable housing units shall be subject to a
deed restriction ensuring continued affordability of the units consistent with
Section 17.11.070(A), which shall be recorded on the property at the time of
dedication.
e. The land is transferred to the city or to a housing developer approved by the
city. The city may require the applicant to identify and transfer the land to the
developer.
f. The transferred land shall be within the boundary of the proposed
development or, if the city agrees, within one-quarter mile of the boundary of the
proposed development.
2. For land donations meeting the criteria of Section 17.11.060(C)(1), the applicant shall
be entitled to a fifteen-percent (15%) increase above the otherwise maximum
allowable residential density under the applicable zoning ordinance and land use
element of the general plan for the entire development. For each one percent (1%)
increase in the number of affordable units above the initial ten percent (10%)
threshold of units affordable to very low income households, the density bonus shall
be calculated by adding five percent (5%) to the percentage of units affordable to
very low income households, up to a maximum of thirty five percent(35%).
3. This increase shall be in addition to any increase in density mandated by Section
17.11.060(A), up to a maximum combined mandated density increase of 35 percent if
an applicant seeks both the increase required pursuant to this subsection (C), and
Section 17.11.060(A). All density calculations resulting in fractional units shall be
rounded up to the next whole number.
D. Child Care Facility.
1. When an applicant proposes to construct a housing development that conforms to the
requirements of Section 17.11.060(A)(1) and includes a child care facility that will be
located on the premises of, as part of, or adjacent to, the project, the city shall grant
the applicant one of the following:
a. An additional density bonus that is an amount of square feet of residential
space that is equal to or greater than the amount of square feet in the childcare
facility.
b. An additional concession or incentive as set forth in Section 17.11.060(E) that
contributes significantly to the economic feasibility of the construction of the
childcare facility. The city is not required to grant the requested additional
concession or incentive if written findings are made pursuant to Section
17.11.080(D)(2).
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2. The following conditions shall be imposed prior to approving the housing
development:
a. The child care facility shall remain in operation for a period of time that is as
long as or longer than the period of time during which the density bonus units are
required to remain affordable pursuant to Section 17.11.070 of this chapter.
b. Of the children who attend the child care facility, the children of very low
income households, lower income households, or families of moderate income
shall equal a percentage that is equal to or greater than the percentage of
dwelling units that are required pursuant to Section 17.11.060(A) for very low
income households, lower income households, or families of moderate income.
3. Notwithstanding any other provision of this subsection (D), the city shall not be
required to provide a density bonus or concession for a child care facility if it finds,
based upon substantial evidence, that the community has adequate child care
facilities.
E. Incentives or Concessions.
1. The applicant for a density bonus shall receive the following number of incentives or
concessions, in addition to the density bonus provided pursuant to Section
17.11.060(A), unless the city makes written findings pursuant to Section
17.11.080(D)(2)of this chapter:
a. One incentive or concession for projects that include at least ten percent
(10%) of the total units for lower income households, at least five percent (5%)
for very low income households, or at least ten percent (10%) for persons and
families of moderate income in a common interest development.
b. Two incentives or concessions for projects that include at least twenty percent
(20%) of the total units for lower income households, at least ten percent (10%)
for very low income households, or at least twenty percent(20%)for persons and
families of moderate income in a common interest development.
c. Three incentives or concessions for projects that include at least thirty percent
(30%) of the total units for lower income households, at least fifteen percent
(15%) for very low income households, or at least thirty percent (30%) for
persons and families of moderate income in a common interest development.
2. Affordable housing incentives or concessions include, but are not limited to:
a. A reduction in site development standards or a modification of zoning code
requirements or architectural design requirements that exceed the minimum building
standards approved by the California Building Standards Commission as provided in
Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety
Code, including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would otherwise be
required that results in identifiable,financially sufficient, and actual cost reductions.
b. Approval of mixed use zoning in conjunction with the housing project if commercial,
office, industrial, or other land uses will reduce the cost of the housing development
and if the commercial, office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area where the
proposed housing project will be located.
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c. Other regulatory incentives or concessions proposed by the developer or the city
that result in identifiable, financially sufficient, and actual cost reductions.
3. An applicant may request incentives in addition to the mandatory incentives or
concessions provided pursuant to this Section 17.11.060, or incentives in-lieu of a
density bonus. The city may grant, at its sole discretion, such additional or in-lieu
incentives.
4. This subsection (E) does not limit or require the provision of direct financial incentives
for the housing development by the city, including the provision of publicly owned
land, or the waiver of fees or dedication requirements.
5. If any incentive or concession is granted pursuant to another provision of the
Municipal Code other than Section 17.11.060, or prior to applying for a density
bonus, each such incentive or concession shall be counted as one of the incentives
or concessions required pursuant to Section 17.11.060.
F. Parking Ratio.
1. In the event an applicant requests a reduced vehicular parking ratio pursuant to this
subsection (F), the city shall grant the following vehicular parking ratio, inclusive of
handicapped and guest parking, if the development qualifies for a density bonus
pursuant to Section 17.11.060(A)(1):
a. Zero to one bedroom: one onsite parking space.
b. Two to three bedrooms: two onsite parking spaces.
c. Four and more bedrooms: two and one-half parking spaces.
2. If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded up to the next whole number. For
purposes of this subsection (F), a development may provide "onsite parking" through
tandem parking or uncovered parking, but not through on-street parking.
3. An applicant may request additional parking incentives or concessions as provided in
Section 17.11.060(E).
G. Application. Applicants for density bonuses shall file an application for a density bonus with the
director at the time when the initial application for the project is filed. The application shall specify the
following information for the proposed housing development: the total number of dwelling units, the
number of units for lower income households, the number of units for very low income; households,
the number of qualifying senior units, the number of common interest development units for persons
and families of moderate income, the rent or price of the units, the location of the units, and the
means of administering the units. The application shall also specify such other information as may be
required by the director. The applicant shall designate whether the density bonus is requested on
the basis of subparagraphs (a), (b), (c), or(d), of Section 17.11.060(A)(1). If an additional incentive is
requested, beyond that required pursuant to Section 17.11.060, or if an in-lieu incentive is requested,
the feasibility study requirements of Section 17.11.080 of this chapter shall also apply. The
application shall be accompanied by a fee, to be established by resolution of the city council, to cover
the city' s cost of reviewing and administering the proposed density bonus project. Any request for a
density bonus or additional affordable housing incentive or concession, which is submitted after the
time when the initial project application is submitted, shall be considered to be a major revision to the
project and shall be treated as a new application.
H. If a housing development is eligible for any density bonus, incentive, concession, waiver or
reduced parking ratio pursuant to this Section 17.11.060 (a "bonus"), when Sections 17.11.070,
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17.11.080, 17.11.110, and 17.11.120 of this chapter are applied to that housing development for any
purpose related to a bonus, or for any purpose related to the affordable housing units that make the
housing development eligible for a bonus, the definitions of the terms "low income," "moderate
income," and "very low income," as defined in Sections 17.96.960, 17.96.970, and 17.96.980, shall
not apply, and the phrases "low income households," "very low income households," "persons and
families of low or moderate income," and "persons and families of moderate income" shall have the
meaning assigned to those phrases by this Section 17.11.060.
Section 8: Section 17.11.070 (Period of Affordability) of Chapter 17.11 of Title
17 of the Municipal Code is hereby amended to read as follows:
Section 17.11.070 Period of affordability.
A. Units required at specified affordability levels shall remain available and affordable for the longest
feasible period of time, as determined by the city. However, where a density bonus, or incentives or
concessions of equivalent financial value based upon the land cost per dwelling unit, are provided,
units of a housing development for lower income households, very low income households, or
persons and families of low and moderate income, shall remain available and affordable for a period
of at least thirty years, or a longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program, or rental subsidy program. In no event may a
housing development be converted to a common interest development as defined in Section 1351 of
the Civil Code for a period of thirty years from first occupancy if the housing development includes
affordable housing units for rent.
1. Rents for the units for lower income households or very low-income households shall
be set at an affordable rent as defined in Section 50053 of the Health and Safety
Code.
2. Owner-occupied units shall be available at an affordable housing cost as defined in
Section 50052.5 of the Health and Safety Code.
B. Notwithstanding the provisions of Section 17.11.070(A), the following shall apply to Section
17.11.060(A)(1)(d) units:
1. The initial occupant of the moderate-income units that are directly related to the
receipt of the density bonus in the common interest development, as defined in
Section 1351 of the Civil Code, shall be persons and families of moderate income, as
defined in Section 50093 of the Health and Safety Code, and the units shall be
offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the
Health and Safety Code. An equity-sharing agreement shall be entered into for each
unit, unless such an agreement is in conflict with the requirements of another public
funding source or law.
2. The following shall apply to the equity-sharing agreement:
a. Upon resale, the seller of the unit shall retain the value of any improvements,
the down payment, and the seller's proportionate share of appreciation. The city
shall recapture any initial subsidy and its proportionate share of appreciation,
which shall then be used within three years for any of the purposes described in
subdivision (e) of Section 33334.2 of the Health and Safety Code that promote
homeownership.
b. For purposes of this subsection (B), the city's initial subsidy shall be equal to
the fair market value of the home at the time of initial sale minus the initial sale
price to the moderate-income household, plus the amount of any down payment
assistance or mortgage assistance. If upon resale the market value is lower than
1063280-1
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the initial market value, then the value at the time of the resale shall be used as
the initial market value.
c. For purposes of this subsection (B), the city's proportionate share of
appreciation shall be equal to the ratio of the initial subsidy to the fair market
value of the home at the time of initial sale.
3. In lieu of the provisions of Section 17.11.070(B)(1), where there is a direct financial
contribution to a housing development through the city's participation in cost of
infrastructure, write-down of land costs, or subsidizing the cost of construction, low-
and moderate-income units shall remain available and affordable for thirty years, and
the equity sharing agreement shall specify the mechanisms and procedures
necessary to carry that out.
C. A senior citizen housing development as defined in Sections 51.3 of the Civil Code, or
mobilehome park that limits residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code, shall remain available to qualifying senior
residents for a period of at least fifteen years.
Section 9: Paragraphs A, B, C and D of Section 17.11.080 (Feasibility) of
Chapter 17.11 of Title 17 of the Municipal Code are hereby amended to read as follows:
17.11.080 Feasibility
A. Applicability. A feasibility study shall be required when:
1. Provision of units affordable to low and very low-income households in accordance
with Section 17.11.040 of this chapter is not contemplated;
2. An existing development in the coastal specific plan district meets the criteria of
Section 17.11.130 of this chapter and the provision of replacement units affordable to
low and moderate income households is not contemplated;
3. A developer has requested one or more incentives or concessions in addition to the
density bonus, pursuant to Section 17.11.060 of this chapter; or
4. A developer has requested to pay a fee in lieu of providing affordable housing units
pursuant to Section 17.11.050; or
5. A developer has requested to provide required affordable housing units per Section
17.11.040 as off-site units; or
6. A developer has requested that proposed off-site units be"conversion units" as
opposed to newly constructed units; or
7. A developer has requested one or more waivers or reductions of development
standards pursuant to Section 17.11.080(F).
B. Application.
1. Submission of a feasibility study per subsections (A)(1)through (A)(3)of this section
shall be as follows: The applicant shall deposit with the city a fee adequate to compensate for the
cost of the study in addition to an administrative fee at a level to be established by resolution of
the city council. The applicant shall provide a project proforma, data regarding existing rents and
existing tenant income for existing residential projects to be converted or demolished, and any
other information deemed necessary by the director. The application package shall not be
deemed complete until the feasibility study is completed to the satisfaction of the director.
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2. Submission of a feasibility study pursuant to subsection (A)(4)shall be as follows:
The applicant shall submit a letter requesting to pay a fee in lieu of providing one or more
affordable units and shall deposit with the city a fee to cover the costs of reviewing and
processing such request at a level to be established by resolution of the city council. The letter
shall include the reason(s)why the request is being made, address all of the items noted in
subsection (C)(2), and describe how the request satisfies the finding set forth in subsection
(D)(3). Additionally, the applicant shall provide a project proforma, and/or any other information
deemed necessary by the director.
3. Submission of a feasibility study pursuant to subsection (A)(5)of this section shall be
as follows: The applicant shall submit a letter requesting to provide required affordable housing
units as off-site units instead of on-site units and shall deposit with the city a fee to cover the
costs of reviewing and processing such request at a level to be established by resolution of the
city council. The letter shall include the reason(s)why the request is being made, address all of
the items noted in subsection (C)(3), and describe how the request satisfies the finding set forth
in subsection (D)(5). Additionally, the applicant shall provide a project proforma, and/or any other
information deemed necessary by the director.
4. Submission of a feasibility study pursuant to subsection (A)(6)of this section shall be
as follows: The applicant shall submit a letter requesting to provide required affordable housing
units off-site as"converted units" instead of newly constructed units and shall deposit with the city
a fee to cover the costs of reviewing and processing such request at a level to be established by
resolution of the city council. The letter shall include the reason(s)why the request is being
made, address all of the items noted in subsection (C)(4), and describe how the request satisfies
the finding set forth in subsection (D)(5). Additionally, the applicant shall provide a project
proforma, and/or any other information deemed necessary by the director.
C. Study Contents. The study shall examine the feasibility of providing affordable units in
accordance with Sections 17.11.040 and 17.11.130 of this chapter, as applicable. Additionally:
1. If an application has been filed for an affordable housing incentive or concession in
addition to a density bonus, the study shall examine the feasibility of providing the affordable
housing without the additional affordable housing incentive. If this is demonstrated not to be
feasible, the study shall examine other affordability scenarios at the discretion of the director.
These may include the feasibility of providing fewer units affordable to low and very low-income
households and units affordable to progressively higher income households, as approved by the
director;
2. If an application has been filed requesting to pay a fee in lieu of providing affordable
housing units, then the feasibility study shall evaluate:
a. The specific economic, environmental or technical factors that may render
infeasible the provision of any or all new affordable units required pursuant to Section
17.11.040 of this chapter;
b. The impacts to the development project if the city council denies the
applicant's request to pay a fee in lieu of providing affordable housing as part of the
development;
c. The project's profit margin if the applicant is required to provide affordable
units compared to the profit margin if the applicant is allowed to pay the in-lieu fees; and
d. The feasibility of providing some, but not all, of the required affordable housing
units, with payment of in-lieu fees paid for the units not provided.
1063280-1
Ordinance No. 474
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3. If an application has been filed requesting to provide affordable housing units off-site
as opposed to providing them on-site as part of the project development, then the feasibility study
shall evaluate:
a. The specific economic, environmental or technical factors that may render
infeasible the provision of affordable units on-site as part of the project development;
b. The impacts to the development project if the city council denies the
applicant's request to provide units off-site as opposed to on-site;
c. The project's profit margin if the applicant is allowed to provide the units off-
site compared to the profit margin if the applicant is required to provide the units on-site;
d. The feasibility of providing some, but not all, of the required affordable housing
units on-site.
4. If an application has been filed requesting that a required affordable housing unit that
is to be provided off-site be a "conversion unit" as opposed to a newly constructed unit, then the
feasibility study shall evaluate:
a. The specific economic, environmental or technical factors that may render
infeasible the provision of a newly constructed unit as opposed to a"conversion unit";
b. The impacts to the development project if the city council denies the
applicant's request to provide a"conversion unit" as opposed to a newly constructed unit;
c. The project's profit margin if the applicant is required to provide a newly
constructed unit compared to the profit margin if the applicant is permitted to provide a
"conversion unit";
d. The feasibility of providing some, but not all, of the required affordable housing
units as newly constructed units.
D.Written Findings Required.
1. Approval of a lesser amount of housing affordable to the specified income groups than
would otherwise be required under the provisions of Sections 17.11.040 and 17.11.130 of this
chapter may be approved by the city council upon adoption of the following findings:
a. That specific economic, environmental or technical factors render infeasible
the provision of new dwelling units affordable to low and/or very low income households,
pursuant to the requirements of Section 17.11.040 of this chapter, or of replacement units
affordable to low and/or moderate income households pursuant to the requirements of
Section 17.11.130 of this chapter;
b. That these factors are documented in a feasibility study which has been
prepared for the proposed project, which study has been reviewed and approved by the
city and is part of the public record for the project.
2. Approval of an applicant's requested concession or incentive required pursuant to
Section 17.11.060, or a waiver or modification of development standards in addition to a density
bonus or both shall be approved by the city council unless, based on substantial evidence
including a feasibility study that has been reviewed and approved by the city and is part of the
public record for the project, one or both of the following written findings is made:
a. That the concession or incentive is not required in order to provide for
affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code,
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Ordinance No. 474
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or for rents for the targeted units to be set as specified in subdivision (c)of Section 65915
of the Government Code; or
b. That the concession or incentive would have a specific adverse impact, as
defined in paragraph (2)of subdivision (d)of Section 65589.5 of the Government Code,
upon the public health and safety or the physical environment or on any real property that
is listed in the California Register of Historical Resources, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low-and moderate-income households.
3. Approval of an applicant's request to pay a fee in lieu of providing affordable housing
units shall be approved by the city council provided the following finding is made:
a. Specific economic, environmental or technical factors render infeasible the
provision of any or all of the new affordable units required pursuant to Section 17.11.040
of this chapter.
4. Approval of an applicant's request pursuant to Section 17.11.060 E.3. for one or
more concessions or incentives that are in addition to mandatory concessions required pursuant
to Section 17.11.060 E.1. may be granted if the findings of paragraph D.2. of this Section
17.11.080 are made. However, the fact that these findings can be made shall not be construed to
require approval of the additional requested concessions or incentives.
5. Approval of an applicant's request to provide affordable housing units off-site of the
project site, and/or to provide any off-site affordable housing units as"conversion units" as
opposed to newly constructed units shall be approved by the city council provided the following
finding is made:
a. Specific economic, environmental or technical factors render infeasible the
provision of any or all of the new affordable housing units required pursuant to Section
17.11.040 of this chapter as being constructed on-site and therefore warrants the
provision of said required units off-site; and/or
b. Specific economic, environmental or technical factors render infeasible the
provision of any or all of the new off-site affordable housing units required pursuant to
Section 17.11.040 of this chapter as being newly construction units, and therefore
warrant the provision of"conversion units".
Section 10: Section 17.11.090 (Agreement) of Chapter 17.11 of Title 17 of the
Municipal Code is hereby amended to read as follows:
Section 17.11.090 Agreement.
The applicant shall sign an agreement binding the property owner and his/her successors in
interest to provide the agreed upon number of units as affordable units or affordable housing units for the
time prescribed, and agreeing to other conditions governing the affordable units or affordable housing
units as may be required by ordinance or by the planning commission or city council. These conditions
may address unit configuration and size, reporting requirements, city processing fees for unit monitoring
or such other matters that may be deemed appropriate by the city council.
The agreement shall be recorded against the property subject to the affordability requirement
prior to the recordation of a tract or parcel map or issuance of any certificate of occupancy for the project
subject to the original application. Should the applicant or his/her successors in interest fail to abide by
the terms of the agreement, the city shall have the authority to revoke certificates of occupancy and/or
place liens against the properties involved, in addition to any other remedy allowed by law.
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Ordinance No. 474
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Section 11: Section 17.11.110 (Reporting) of Chapter 17.11 of Title 17 of the
Municipal Code is hereby amended to read as follows:
Section 17.11.110 Reporting.
Where the units are provided as rental units, the applicant or his/her successor in interest shall
provide an annual report to the city documenting that rents and tenant incomes are in accord with the
agreement.
Where the units are provided as for-sale units, the purchaser of the unit who qualified as a lower
income household, very low income household, person and family of low and moderate income, or
persons and families of moderate income, shall annually certify that he/she continues to own the unit and
document that the unit is owner occupied or rented to tenants whose incomes are in accordance with the
agreement. The seller shall notify the director by certified mail of any change in property title, prior to
completion of escrow.
Section 12: Section 17.11.120 (Resale) of Chapter 17.11 of Title 17 of the
Municipal Code is hereby amended to read as follows:
Section 17.11.120 Resale.
When the for-sale units for lower income households, very low income households, persons and
families of low and moderate income, or persons and families of moderate income are sold, the units shall
be sold for no more than the affordability level specified in the agreement. All sales commissions, escrow
fees and other property transfer costs shall be the responsibility of the seller and/or buyer. The units shall
be sold to households whose income does not exceed the affordability level specified in the agreement,
subject to the review and approval of the director. The new buyer of the unit shall provide documentation
of income level to the director prior to entering escrow.
Section 13: Section 17.11.140 is hereby amended to read as follows:
Section 17.11.140 Affordable housing requirements for nonresidential projects.
A. Applicability. The requirements of this section shall apply to all applications for construction,
expansion or intensification of nonresidential uses, includingi, but not limited to,, applications for
commercial projects, golf courses, private clubs and institutional developments. Applications to which this
section applies include, but are not limited to, applications for a tentative tract map, parcel map,
conditional use permit, coastal permit, building permit or other development entitlement whereby more
than thirty new full-time and/or part-time jobs are created in the city; or more than ten thousand square
feet of space will be created or converted. This requirement shall apply to any jobs or space created or
converted within any twelve:month period.
B. Exemptions. The following developments shall be exempt:
1. Mixed use developments containing at least one low or very low-income affordable housing unit
for every ten low or moderate income employees anticipated to be generated, or for every five thousand
square feet of nonresidential space. The residential units shall be available for occupancy within one year
of occupancy of the first nonresidential space within the project;
2. Projects where the applicant has agreed to provide at least one low or very low income affordable
housing unit for every ten low or moderate income employees anticipated to be generated, or for every
five thousand square feet of nonresidential space either on the site, if residential uses are allowed or
conditionally allowed on the site, or at another location in the city. The residential units shall be available
for occupancy within one year of occupancy of the first nonresidential space within the project;
1063280-1
Ordinance No. 474
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3. Projects where the applicant has demonstrated to the satisfaction of the city that less than ten
employment opportunities for persons of low or very low income would be created;
4. Projects where the city finds the provision of affordable units to be infeasible pursuant to Section
17.11.080 of this chapter;
5. The reconstruction of any structure that has been destroyed by fire, flood, earthquake or other act
of God or nature.
C. Fee Required. With the exception of development exempted pursuant to Section 17.11.140(B) of
this chapter, and except where it has been demonstrated not to be feasible pursuant to Section 17.11.080
of this chapter, developers of nonresidential development shall pay a residential impact fee to be set by
resolution of the city council. The fee shall be adequate to provide one low or very low-income affordable
housing unit for each ten employees to be generated by the project. The fee per affordable unit to be
provided shall be equal to the difference between the median value of market rate housing and the price
affordable to low or very low-income households. The fee shall be paid prior to issuance of a certificate of
occupancy.
D. Number of Employees Determination. For the purpose of determining the anticipated number of
new employees to be generated by a new development, typical employee generation rates for other,
similar businesses shall be submitted by the applicant to the city. Where a new development replaces a
previously existing nonresidential use, and replacement is commenced within twelve months, credit shall
be given for the number of employees employed by the previously existing use.
E. Rebate of Fees. If, within one year after the nonresidential project is fully occupied, evidence is
submitted to the director that fewer employees have been generated, or that the employees are in higher
income groups than had been anticipated, a portion of the residential impact fees may be rebated.
Evidence to be submitted may include, but is not limited to, W-2 forms for all employees working within
the project.
F. Administration. Nonresidential projects shall comply with the provision of Sections 17.11.080
(Feasibility); 17.11.090 (Agreement); 17.11.100 (Tenant/owner qualification); 17.11.110 (Reporting); and
Section 17.11.120 (Resale) of this chapter.
Section 14: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended
by adding new Section 17.96.365 (Child Care Facility) thereto to read as follows:
17.96.365 Child care facility.
"Child care facility," means a child day care facility other than a family day care home, including, but
not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
Section 15: Section 17.96.550 (Density Bonus) of Chapter 17.96 of Title 17 of
the Municipal Code is hereby amended to read as follows:
17.96.550 Density bonus.
"Density bonus" means a density increase over the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use element of the general plan as of the date of
application by the applicant to the City.
1063280-1
Ordinance No. 474
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Section 16: Chapter 17.96 of Title 17 of the Municipal Code is hereby
amended by adding new Section 17.96.555 (Density, Maximum Allowable Residential)
thereto to read as follows:
17.96.555 Density, maximum allowable residential.
"Maximum allowable residential density" means the density allowed under the zoning ordinance,
or if a range of density is permitted, means the maximum allowable density for the specific zoning range
applicable to the project.
Section 17: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended
by adding new Section 17.96.575 (Development, Housing) thereto to read as follows:
17.96.575 Development, housing.
"Housing development" means one or more groups of projects for residential units constructed in
the planned development of the city. For the purposes of chapter 17.11, "housing development" also
includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code,
approved by the city, and consists of residential units or unimproved residential lots and either a project to
substantially rehabilitate and convert an existing commercial building to residential use or the substantial
rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4 of the
Government Code, where the result of the rehabilitation would be a net increase in available residential
units.
Section 18: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended
by adding new Section 17.96.585 (Development Standard) thereto to read as follows:
17.96.585 Development standard.
"Development standard" includes site or construction conditions that apply to a residential
development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other
local condition, law, policy, resolution, or regulation.
Section 19: Section 17.96.1660 (Senior Resident, Qualifying) of Chapter 17.96
of Title 17 of the Municipal Code is hereby amended to read as follows:
17.96.1660 Senior resident, qualifying.
"Qualifying senior resident" means a resident meeting the definition of Section 51.3of the
California State Civil Code, specifically, an individual at least sixty-two years of age or an individual at
least fifty-five years of age residing in a senior citizen housing development of at least thirty-five dwelling
units.
Section 20: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended
by adding new Section 17.96.2125 (Units, Affordable Housing) thereto to read as
follows:
17.96.2125 Units, affordable housing.
"Affordable housing units" means units in a housing development that are subject to occupancy
restrictions based upon the income of the occupants or owner, or both.
1063280-1
Ordinance No. 474
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Section 21: Section 17.96.2140 (Unit, Low Income) of Chapter 17.96 of Title 17
of the Municipal Code is hereby revoked.
Section 22: Section 17.96.2170 (Unit, Very Low Income) of Chapter 17.96 of
Title 17 of the Municipal Code is hereby revoked.
Section 23: Paragraphs H and K of Section 15.20.040 (Exceptions) of Chapter
15.20 of Title 15 of the Municipal Code are hereby amended to read as follows:
Section 15.20.040 Exceptions
H. Minor projects on a lot that is in the "landslide moratorium area," as outlined in red on the
landslide moratorium map on file in the director's office, and currently is developed with a residential
structure or other lawfully existing nonresidential structure and involves an addition to an existing
structure, enclosed patio, conversion of an existing garage to habitable space or construction of a
permanent attached or detached accessory structure and does not exceed a cumulative project(s)total of
one thousand two hundred square feet per parcel; provided that a landslide moratorium exception permit
is approved by the director and provided that the project complies with the criteria set forth in Section
15.20.050 and does not include any additional plumbing fixtures, unless the lot is served by a sanitary
sewer system. The one thousand two hundred square foot limitation on cumulative projects that can be
approved on a lot pursuant to this subsection includes the construction of a new garage, which can be
approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for
determining the baseline square footage, based upon city and county building permit records, for
purposes of calculating the square footage of any cumulative project(s) and of any additions that may be
constructed pursuant to this subsection. Minor projects involving the construction of an enclosed
permanent detached accessory structure, which are located in an area that is not served by a sanitary
sewer system, shall include a requirement that a use restriction covenant, in a form acceptable to the city,
that prevents the enclosed permanent detached accessory structure from being used as a separate
dwelling unit shall be recorded with the Los Angeles County register-recorder. Such covenant shall be
submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide
moratorium exception permit for such minor projects, the applicant shall submit to the director any
geological or geotechnical studies reasonably required by the city to demonstrate to the satisfaction of the
city geotechnical staff that the proposed project will not aggravate the existing situation;
K. Minor projects on a lot that is in the "landslide moratorium area," as outlined in blue on the
landslide moratorium map on file in the director's office, and currently is developed with a residential
structure or other lawfully existing nonresidential structure and involves an addition to an existing
structure, enclosed patio, conversion of an existing garage to habitable space or construction of a
permanent attached or detached accessory structure and does not exceed a cumulative project(s)total of
one thousand two hundred square feet per parcel; provided that a landslide moratorium exception permit
is approved by the director and provided that the project complies with the criteria set forth in Section
15.20.050 and does not include any additional plumbing fixtures, unless the lot is served by a sanitary
sewer system. The one thousand two hundred square foot limitation on cumulative projects that can be
approved on a lot pursuant to this subsection includes the construction of a new garage, which can be
approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for
determining the baseline square footage, based upon city and county building permit records, for
purposes of calculating the square footage of any cumulative project(s) and of any additions that may be
constructed pursuant to this subsection. Minor projects involving the construction of an enclosed
permanent detached accessory structure, which are located in an area that is not served by a sanitary
sewer system, shall include a requirement that a use restriction covenant, in a form acceptable to the city,
that prevents the enclosed permanent detached accessory structure from being used as a separate
dwelling unit shall be recorded with the Los Angeles County register-recorder. Such covenant shall be
submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide
moratorium exception permit for such minor projects, the applicant shall submit to the director any
1063280-1
Ordinance No. 474
Page 19 of 21
geological or geotechnical studies reasonably required by the city to demonstrate to the satisfaction of the
city geotechnical staff that the proposed project will not aggravate the existing situation;
Section 24: The rights given by any approval granted under the terms of Titles
15 or 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this
ordinance shall not be affected by the amendments to Titles 15 or 17 by this ordinance
and shall continue in effect until and unless they are modified, revoked, expired or are
otherwise terminated according to the terms of the approval or the terms of Titles 15
and 17, as they existed prior to the effective date of this ordinance.
Section 25: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
effective date of the adoption of said ordinance and to all development applications that
have not been deemed complete prior to the effective date of the adoption of said
ordinance. The amendments to Title 15 of the Rancho Palos Verdes Municipal Code as
identified herein shall apply to all development applications received by the City,
whether they are submitted prior to or after the effective date of the adoption of said
ordinance.
Section 26: Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase in this Ordinance or any part thereof is for any reason held
to be unconstitutional or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the remaining portions of
this Ordinance or any part thereof. The City Council hereby declares that it would have •
passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional,
or invalid, or ineffective.
Section 27: Posting. The City Clerk shall cause this Ordinance to be posted in
three (3) public places in the City within fifteen (15) days after its passage, in
accordance with Section 36933 of the Government Code. The City Clerk shall further
certify to the adoption and posting of this Ordinance and shall cause this Ordinance and
the City Clerk's certification, together, to be entered in the Book of Ordinances of the
Council of this City.
Section 28: Effective Date. This Ordinance shall go into effect and be in full
force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
1063280-1
Ordinance No. 474
Page 20 of 21
PASSED, APPROVED and ADOPTED this 15th da of Jul •008.
Mayor
ATTEST:
gettfa_ /‘
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the whole number of members of the City Council of said City is five;
the foregoing Ordinance No. 474, was duly and regularly adopted by the City Council of
said City at a regular meeting thereof held on July 15, 2008, and that the same was
passed and adopted by the following roll call vote:
Ayes: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
Noes: None
Absent: None
Abstain: None
t
City Clerk
1063280-1
Ordinance No. 474
Page 21 of 21
O
AN C H PALOS
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on August 5, 2008, she caused to be posted the following document entitled: City
of Rancho Palos Verdes, Ordinance No. 474, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING),
CHAPTER 17.96 (DEFINITIONS) AND CHAPTER 15.20 (MORATORIUM ON LAND
USE PERMITS) OF THE CITY'S MUNICIPAL CODE TO CONFORM TO STATE
DENSITY BONUS LAWS, TO IMPLEMENT CITY COUNCIL POLICY PERTAINING TO
THE LOCATION OF FUTURE AFFORDABLE HOUSING UNITS, TO MAKE CHANGES
TO THE SECTION PERTAINING TO AFFORDABLE HOUSING REQUIREMENTS
FOR NON-RESIDENTIAL PROJECTS, AND TO PERMIT SECOND DWELLING UNITS
IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA THAT IS SERVED BY
SANITARY SEWERS„ a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit
of posting.
(11/41C7/414/1 _
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.474.doc