ORD 486U URGENCY ORDINANCE NO. 486U
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES APPROVING A ZONE CHANGE (CASE NO.
ZON2008-00649) ON A PORTION OF AN EXISTING 19.63
ACRE PARCEL LOCATED AT THE NORTHWEST CORNER
OF CRESTRIDGE ROAD AND CRENSHAW BLVD (APN
#7589-013-905) FROM OPEN SPACE HAZARD (OH) TO
INSTITUTIONAL (1); AND ALSO AMENDING MUNICIPAL
CODE SECTION 17.26.030.E FOR THE PURPOSE OF
FURTHER DEFINING THE LAND USE CATEGORY
"HOMES FOR THE AGED"; AND DECLARING THE
URGENCY THEREOF.
WHEREAS, in March of 2000, the Rancho Palos Verdes Redevelopment Agency
(Agency) purchased the 19.63 acre Crestridge property with 20% Affordable Housing
Set-aside funds with the intent on developing an age-restricted affordable housing
complex on the subject property; and
WHEREAS, since the purchase of the property, the Agency has been working with
various developers towards the implementation of an age-restricted affordable housing
project on the subject site, none of which came to fruition. Subsequently, recognizing a
need to meet certain mandates towards the expenditure of City and Agency affordable
housing funds, the need to meet certain mandates to utilize the property by March 2010,
and the City's affordable housing needs as identified in the Rancho Palos Verdes
General Plan Housing Element, on September 18, 2007, the City Council directed Staff to
move forward with a program that would develop the Agency's Crestridge property; and
WHEREAS, after releasing a Request for Qualifications/Request for Proposal
(RFQ/RFP) to find a reputable affordable housing developer, and reviewing responses to
the RFQ/RFP, on September 16, 2008, the Agency entered into an Exclusive Negotiating
Agreement with AMCAL Multi-Housing Inc., who is the project Applicant for the proposed
project; and
WHEREAS, applications for General Plan Amendment, Zone Change, Zone Text
Amendment, Conditional Use Permit, Grading Permit, Variance, Vesting Tentative Parcel
Map and Environmental Assessment (Planning Case Nos. ZON2008-00649 and
SUB2008-00008) were submitted to the Planning Department by the Applicant, to allow
the development of a proposed 40-unit age-restricted affordable housing rental complex
on the subject site; and,
WHEREAS, pursuant to the provision of the California Environmental Quality Act,
Public Resources Code Section 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, by incorporating mitigation measures into the Negative Declaration,
there is no substantial evidence that the approval of Planning Case Nos. ZON2008-
00649 and SUB2008-00008 would result in a significant adverse effect on the
environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and
circulated for public review for twenty (20) days between January 6, 2009 and January
26, 2009, and notice of that fact was given in the manner required by law; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho
Palos Verdes Development Code and the State CEQA Guidelines, the Planning
Commission held a duly noticed public hearing on January 13, 2009 and February 10,
2009, at which time all interested parties were given the opportunity to be heard and
present evidence; and,
WHEREAS, at the January 13, 2009 Planning Commission meeting, the Planning
Commission directed Staff and the Applicant to further investigate design alternatives to
address concerns pertaining to the project; formed a Planning Commission Sub-
committee of Commissioners Gerstner, Knight and Tetreault to assist Staff and the
Applicant with re-design options; and continued the public hearing to February 10, 2009;
and,
WHEREAS, on January 27, 2009, the Planning Commission Sub-committee met
with the Applicant and Staff to discuss various design alternatives, from which it was
recommended that the Applicant prepare two optional site design plans that would be
presented to the Planning Commission at their February 10, 2009 meeting; and,
WHEREAS, on January 30, 2009, the Applicant submitted Option #1 (40-unit
project) and Option #2 (34-unit project) as alternative designs for consideration by Staff
and the Planning Commission; and,
WHEREAS, at its February 10, 2009, meeting, after hearing public testimony, the
Planning Commission made a decision (5-1 with Commissioner Knight dissenting and
Commissioner Tetreault Absent) via minute order to recommend that the City
Council/Board deny the proposed project as the Commission felt that the proposed age-
restricted affordable housing project was inconsistent with the allowable uses found
within the Institutional Land Use District; and,
WHEREAS, after issuing notices pursuant to the requirements of the Rancho
Palos Verdes Development Code and the State CEQA Guidelines, the City Council held
a duly noticed public hearing on March 3, 2009, at which time all interested parties were
given the opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: This approval is for a relocation of an existing land use boundary
(Zone Change) for a portion of the existing 19.63 acre parcel located at the northwest
corner of Crestridge Road and Crenshaw Blvd. The boundary change will move the
existing boundary line between the existing Zoning Use Designation of Open Space
1119835 Ordinance No. 486U
Page 2 of 5
Hazard (OH) and the existing Zoning Designation of Institutional (1), as shown in `Exhibit
A', which is attached hereto and incorporated by reference. Specifically, the buildable
portion of the property will retain the Institutional Land Use, while the OH land use will be
primarily located over the subject property's extreme slope. The resulting change in
zoning designation will be consistent with the Rancho Palos Verdes General Plan.
Section 2: The City Council finds that the proposed zone change would not
result in any significant adverse environmental impacts in addition to or beyond those
already associated with the existing use of the sites, and therefore has adopted
Resolution No. 2009-15, certifying a Mitigated Negative Declaration for the Zone Change.
Section 3: The City Council finds that the approval of the Zone Change will not
result in significant adverse environmental impacts because the revised zoning
boundary/designation will better reflect the developable and non-developable areas,
which are consistent with the topography of the site. Furthermore, the City's geotechnical
consultant has reviewed and approved a geology report in relation to the proposed
boundary line adjustment (Zone Change).
Section 4: Based upon the facts contained in this Ordinance, in the Staff Report
and other components of the legislative record, in the certified Negative Declaration, and
in the public comments received by the City Council, the City Council hereby approves
the Zone Change of Case No. ZON2008-00649 to change the zoning designation
boundary between the Open Space Hazard (OH) and Institutional (1) land use districts on
the subject property as illustrated in Exhibit A hereto, which is incorporated herein by this
reference.
Section 5: The City Council finds that Municipal Code Section 17.26.030.E.
(Zone Text Amendment) will clarify the definition of terms within the allowable uses in the
Institutional Zoning District. The Council finds that this Zone Text Amendment is
warranted because the existing Development Code that permits "homes for the aged",
does not clearly define what that means. The Zone Text Amendment will clarify that the
intent of the Institutional District's allowable use entitled "homes for the aged" (Municipal
Code Section 17.26.030.E), may include certain residential type projects, provided that
there is a supportive services program associated with the proposed use, which will
ensure consistency with the Institutional District. The text revision is as follows (regular
italicized text for text to remain and bold underline italicized text for text to be added):
"17.26.030.E. Sanitariums, nursing homes, rest homes, homes for the aged, homes for
children and homes for mental patients. For the purpose of this section, homes for
the aged may include a_ge-restricted, for-sale or for-rent residential developments
provided such a development includes a City-approved supportive service
program that may include services such as an on-site caretaker, on-site property
manager, meal service prepared on-site or provided to the site, an off-site
transportation shuttle system provided by and dedicated solely for the residents of
the development, housekeeping services, social/recreation programs, educational
programs, health and nutrition programs, and/or on-site home health care
personnel for the senior citizens who will reside within the development."
1119835 Ordinance No. 4860
Page 3 of 5
Section 6: The portion of this Ordinance related to the proposed land use
boundary change (Zone Change) between Open Space Hazard (OH) and Institutional (1),
is necessary to accommodate a proposed age-restricted affordable rental housing
complex in order to implement policies and programs established in the Rancho Palos
Verdes General Plan Housing Element and to achieve the City's RHNA allocation. Said
affordable housing complex requires a variety of funding sources to make the project
viable, one of which includes an application to the State Tax Credit Allocation Committee
in April 2009. In addition, the Redevelopment Agency is required to utilize this property
for an affordable housing project by March 2010, or risk having to sell the property so that
it would not be used for this important public purpose, in accordance with the City's
General Plan and Housing Element. Based upon these timing constraints, this
Ordinance must become effective immediately upon adoption. As such, this ordinance
shall take effect immediately upon adoption as an urgency ordinance.
Section 7: The time within which the judicial review of the decision reflected in
this Ordinance, if available, must be sought is governed by Section 1094.6 of the
California Code of Civil Procedure and other applicable short periods of limitation.
Section 8: Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
Section 9: The City Clerk shall cause this Urgency Ordinance to be posted in
three (3) public places in the City within fifteen (15) days after its passage, in accordance
with the provisions of 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 its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City.
Section 10: This Ordinance is necessary to protect the public welfare and shall
go into effect and be in full force and effect immediately upon its passage.
1119835 Ordinance No. 486U
Page 4 of 5
PASSED, APPROVED and ADOPTED this 3rd day of March 2009.
Mayor
ATTEST:
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 numbers of the City Council of said City is five; that the foregoing
Ordinance No. 486U was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on March 3, 2009 by the following vote:
AYES: Long, Stern, Wolowicz and Clark
NOES: None
ABSENT: Gardiner
ABSTAINED: None
City Clerk
1119835 Ordinance No. 486U
Page 5 of 5
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Ordinance No. 486U
Exhibit A
Page 1 of 1
RANCHOPALOS
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 March 9, 2009, she caused to be posted the following document
entitled: ORDINANCE NO. 4860, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES APPROVING A ZONE CHANGE (CASE NO.
ZON2008-00649) ON A PORTION OF AN EXISTING 19.63 ACRE PARCEL
LOCATED AT THE NORTHWEST CORNER OF CRESTRIDGE ROAD AND
CRENSHAW BLVD (APN #7589-013-905) FROM OPEN SPACE HAZARD
(OH) TO INSTITUTIONAL (1); AND ALSO AMENDING MUNICIPAL CODE
SECTION 17.26.030.E FOR THE PURPOSE OF FURTHER DEFINING THE
LAND USE CATEGORY"HOMES FOR THE AGED";AND DECLARING THE
URGENCY THEREOF, 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.
City Clerk
WAFORMSTorm 150-Affidavit of Posting Ordinance No.486U.doc