CC RES 1997-085RESOLUTION NO. 97-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES REQUIRING THE OWNERS OF THE
SEABREEZE PROJECT (TRACT NO. 46651) TO SUBMIT AN
AFFORDABLE HOUSING IN -LIEU FEE TO THE CITY IN ORDER
TO SATISFY THE CITY'S AFFORDABLE HOUSING
REQUIREMENTS FOR NEW DEVELOPMENTS, PURSUANT TO
SECTION 17.11.050 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE AND RESOLUTION NO. 97-48
WHEREAS, the City of Rancho Palos Verdes General Plan Housing Element includes
goals, policies and programs to address the affordable housing needs of the City; and,
WHEREAS, on March 18, 1997 the City Council adopted Ordinance No. 320, which
adopted amendments to Titles 16 and 17 of the City of Rancho Palos Verdes Municipal Code,
including Section 17.11.050 which allows in -lieu fees to be provided as an alternative to
affordable housing units required pursuant to Sections 17.11.040 or 17.11.030 of that
Chapter; and,
WHEREAS, pursuant to Government Code Section 66018, the specific fees to be
charged for the in -lieu affordable housing fee, have been adopted by the City Council through
Resolution No. 97 -48; and,
WHEREAS, on March 17, 1992, the Planning Commission adopted Resolution No. 97-
15 approving Conditional Use Permit No. 151- Revision "B ", in association with Tract Map No.
46651; and,
WHEREAS, Condition No. 3 of Resolution No. 97 -15 required that, "The developer
shall participate in a proportionate share of any City Housing Element program that is in place
at the time that finished tract grading is certified. Finished tract grading means up to the final
grading of the pads for each lot in preparation for future development of the lot and not the
precise final grading for each custom residence. The determination of the developer's fair
share shall be determined by the appropriate individual or entity, in accordance with such
housing program and with appropriate appeal rights ".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Requiring the developer to pay an in -lieu affordable housing fee for Tract
No. 46651 is consistent with the City of Rancho Palos Verdes General Plan as one of the
General Plan Housing Element Policies (page V -42) indicates, "Large commercial and
residential projects should contribute to a housing impact mitigation fee to facilitate the
development of affordable housing within the City or elsewhere in the South Bay area"
Further, on page V -44, one of the implementation actions indicates, "Evaluate and, if feasible,
implement a development fee for commercial and residential development to be allocated to
an affordable housing fund to be used in the event such development is approved... "
Section 2: Requiring the developer to pay an in -lieu affordable housing fee for Tract
No. 46651 is consistent with the City of Rancho Palos Verdes Development Code as Chapter
17.11 indicates, "In order to provide housing affordable to all segments of the community and
preserve and maintain low and moderate income housing opportunities ... consistent with the
goals of the City's adopted general plan housing element and state law, this chapter further
specifies procedures under which applicants for ...new residential projects, shall be required to
provide for housing affordable to very low, low and moderate income households". Further,
Development Code Section 17.11.050 indicates, "Upon City Council approval, in -lieu fees may
be provided as an alternative to units required pursuant to Sections 17.11.040 or 17.11.130 of
this chapter. The fee per affordable unit to be provided, shall be established b City Council
. y y
resolution .
Section 3: Therefore, based on the findings included in Sections 1 and 2 above, the
developer of Tract No. 46651 shall be required to submit a fee in -lieu of providing affordable
housing units consistent with the fees and procedures established by the City Council through
Resolution No. 97 -48, adopted on June 3, 1997.
Section 4: Since the developer is currently proposing to build out the tract and sell
custom homes to individual buyers, the developer shall provide the City with the square
footage calculations for each model home to be built in the tract. The Director of Planning,
Building and Code Enforcement shall verify the square footage calculations and then calculate
the amount of the subject in -lieu fee and associated administrative fee, as required by Section
3 of Resolution No. 97 -48.
However, if the developer proposed to sell vacant lots to individual buyers to construct
their own custom homes, the Director of Planning, Building and Code Enforcement shall
estimate the average square footage size of the habitable structure that will be constructed on
each lot based on the approved development standards of the tract. The Director of Planning,
Building and Code Enforcement shall then calculate the amount of the subject in -lieu fee and
associated administrative fee based on the average square footage calculation, as required
by Section 3 of Resolution No. 97 -48.
Section 5: The Director shall calculate the fee as prescribed in Section 4 above. The
in -lieu fee shall be paid by the developer prior to completion of any of the public
improvements, which shall include, but not be limited to, streets, sidewalks, sewers and storm
drains. The required in -lieu fee shall be paid to the City Finance Department.
Resolution No. 97 -85
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PASSED, APPROVED, and ADOPTED this Z_tb day of nc t she r 1997.
ATTEST:
CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
*OR
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I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 97 -85 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on 0c t ob e r 7 A , 1997.
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Resolution No. 97 -85
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