CC RES 2009-053 RESOLUTION NO. 2009-53
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. ZON2009-
00125,A CODE AMENDMENT TO CHAPTER 17.11 "AFFORDABLE HOUSING"
AND CHAPTER 17.96 "DEFINITIONS".
WHEREAS, Chapter 17.11 of 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, certain provisions of Government Code Section 65915 that pertain to density
bonuses, incentives, and concessions provided to developers for the production of affordable
housing have been revised by the state legislature by adoption of Assembly Bill 2280; 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, 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 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, on May 11, 2009, 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, 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, after notice issued pursuant to the requirements of the Rancho Palos Verdes
Development Code, the Planning Commission held a duly noticed public hearing on June 9, 2009,
at which time all interested parties were given an opportunity to be heard and present evidence;and,
WHEREAS, at a public hearing held on June 9, 2009, the Planning Commission adopted
P.C. Resolution No. 2009-26, recommending that the City Council certify the Negative Declaration
for the project and recommending City Council approval of Case No. ZON2009-00125 for a Code
Amendment to Chapters 17.11 and 17.96 of the City's Municipal Code as they pertain to Affordable
Housing and state mandated density bonus provisions; 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 July 21, 2009, 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 finds that Case No. ZON2009-00125, a Code Amendment to
Chapters 17.11 and 17.96 of the City's Municipal Code as they pertain to Affordable Housing and
state mandated density bonus provisions, is necessary to comply with State law and is consistent
with the City's General Plan.
Section 2: The proposed project is an amendment to the Rancho Palos Verdes Municipal
Code. Specifically, it amends the 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. The proposed amendment will not
create or result in any significant impacts to the General Plan, Zoning Code, nor be in conflict with
any applicable environmental plans or policies, be incompatible with existing land uses, affect
agricultural resources, or disrupt the physical arrangement of the established community.
Therefore, there will be no significant land use or planning impacts associated with this project.
Section 3: 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 4: For reasons discussed in the Initial Study, which is incorporated herein by
reference, the project would not have any potential to achieve short-term, to the disadvantage of
long-term, environmental goals, nor would the project have impacts which are individually limited,
but cumulatively considerable.
Section 5: 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, the project does not have the potential to degrade the
quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish
Resolution No. 2009-53
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or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of California history or prehistory. Further,for this
reason, the proposed project does not have impacts that are individually limited but cumulatively
considerable, nor have environmental effects that would cause substantial adverse effects on
human beings, directly or indirectly.
Section 6: For the foregoing reasons and based on its independent review and evaluation of
the information and findings contained in the Initial Study, Staff Reports,minutes,and records of the
proceedings, the City Council has determined that the project will not result in a significant adverse
impact on the environment. Therefore, the City Council certifies the Negative Declaration making
certain environmental findings in association with Case No. ZON2009-00125.
PASSED, APPROVED, and ADOPTED this 21st day of July 2009.
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Mayor
ATTEST:
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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. 2009-53 was duly and regularly passed and adopted by the said City Council at a
regular meeting held on July 21, 2009.
City Clerk
Resolution No. 2009-53
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