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CC RES 2011-012 RESOLUTION NO. 2011-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A NEGATIVE DECLARATION AND MAKING CERTAIN ENVIRONMENTAL FINDINGS IN ASSOCIATION WITH CASE NO. ZON2010- 00183, AMENDING TITLE 17 OF THE MUNICIPAL CODE AND IMPLEMENTING THE CITY'S HOUSING ELEMENT. WHEREAS, Title 17 of the Rancho Palos Verdes Municipal Code(the"Municipal Code")sets forth various procedures and regulations regarding the provision of affordable housing within the City, and, WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes Municipal Code to create a Reasonable Accommodations procedure which will allow individuals with disabilities to request deviations from the development standards of the Municipal Code in accordance with Federal and State Law; and, WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes Municipal Code to identify a zoning district in which emergency shelters are a permitted use by right, in accordance with Senate Bill 2 (SB 2) adopted in 2007 and codified in Government Code Section 65583(a)(4)(A); and, WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes Municipal Code to establish development standards for single-room occupancy(SRO)facilities and allow such facilities as conditionally permitted uses in the CG Zoning District, in accordance with the City's certified Housing Element; and, WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes Municipal Code to identify transitional housing and supportive housing as residential uses of property, in accordance with Government Code Section 65583(a)(5) and consistent with the City's certified Housing Element; 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., and the City's Local CEQA Guidelines, the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the Amendments may 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, on December 23,2010, notice of a public hearing on the proposed amendments to Title 17 of the Municipal Code 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 Planning Commission held a public hearing on January 25,2011, at which time all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, copies of the draft Negative Declaration were distributed to the Planning Commission, and prior to taking action on the proposed Municipal Code Amendments,the Planning Commission 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, at a public hearing held on January 25, 2011, the Planning Commission adopted P.C. Resolution No. 2011-05, recommending that the City Council certify the Negative Declaration for the project and recommending City Council approval of Case No.ZON2010-00183 for a Code Amendment establishing reasonable accommodations procedures for individuals with disabilities; establishing standards for single-room occupancy facilities; permitting emergency shelters in the CG Zone by right; and allowing for the development of transitional and supportive housing; and, WHEREAS, copies of the draft Negative Declaration were distributed to the City Council and prior to taking action on the proposed Code Amendment, 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, after issuing notice pursuant to the requirements of the City's Development Code and the State CEQA Guidelines, the City Council of the City of Rancho Palos Verdes held a public hearing on March 15, 2011, 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 RESOLVE AS FOLLOWS: Section 1: The City Council has independently reviewed and considered the proposed Negative Declaration,the public comments upon it,and other evidence before the Commission prior to taking action on the proposed project and finds that the Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that the approval of Case No. ZON2010-00183 for a Code Amendment may result in a significant adverse effect upon the environment. Section 2: The proposed project does not include any physical modifications or alterations of the existing land or structures. Any physical modifications or alterations to existing land and/or structures as a result of the project objectives will be addressed through separate environmental analysis consistent with CEQA. As such, 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 significant aesthetic impacts, and no significant impacts to cultural and recreational resources, as a result of the proposed project. Section 3: The amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 4: The amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans. Specifically, the amendments help provide a variety of housing for households of all income levels, and implements the code amendment program identified in the City's certified Housing Element. Section 5: The City Council finds that the amendments to Title 17 in the Ordinance No. 518 are necessary to preserve the public health, safety, and general welfare in the area, and are in Resolution No. 2011-12 Page 2 of 3 the public interest. Section 6: The custodian of the record of proceedings regarding this project and Negative Declaration is the Department of Community Development, and all such documents are available at the Department at the Rancho Palos Verdes City Hall, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. Section 7: The rights given by any approval granted under the terms of Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of the adoption of said ordinance shall not be affected by the amendments to Title 17 by the 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 Title 17 as they existed prior to the effective date of this ordinance. Section 8: For the foregoing reasons and based on its independent review, consideration and evaluation of the information and findings contained in the Initial Study, Staff Reports, minutes, and records of the proceedings, the City Council finds and determines that there is no substantial evidence in the record that project will have a significant adverse impact on the environment. Therefore,the City Council hereby adopts the Negative Declaration,which reflects its independent judgment and analysis, making certain environmental findings in association with Case No. ZON2010-00183. PASSED, APPROVED, and ADOPTED this 15th day of March 201 ep 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, hereby certify that the above Resolution No. 2011-12 was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 15, 2011. City Clerk Resolution No. 2011-12 Page 3 of 3