PC RES 2011-005 P.C. RESOLUTION NO. 2011-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL
CERTIFY A NEGATIVE DECLARATION AND ADOPT AN ORDINANCE,
AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL,
CODE, TO ESTABLISH REASONABLE ACCOMODATIONS PROCEDURES
FOR INDIVIDUALS WITH DISABILITIES, TO ESTABLISH STANDARDS FOR
SINGLE-ROOM OCCUPANCY FACILITIES, TO IDENTIFY THE
COMMERCIAL-GENERAL (CG) ZONE AS A ZONING DISTRICT IN WHICH
EMERGENCY SHELTERS ARE A PERMITTED USE, AND TO ESTABLISH
PROCEDURES FOR THE DEVELOPMENT OF TRANSITIONAL AND
SUPPORTIVE HOUSING (CASE NO. ZON2010-00183).
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 the California Attorney General's Office; 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 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 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,
P.C. Resolution No. 2011-05
Page 1 of 3
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
January 25, 2011, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission has independently reviewed and considered
the proposed Mitigated 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 would result in
a significant adverse effect upon the environment.
Section 2: There are no sensitive natural habitat areas that would result from the
approval of Case No. ZON2010-00183, and therefore, the project will have no individual or
cumulative adverse impacts upon resources, as defined in Section 711.2 of the State Fish and
Game Code
Section 3: That the amendments to Title 17 of the Municipal Code are consistent
with California Government Code Section 65853, zoning amendment procedures.
Section 4: Based upon the foregoing findings, the adoption of the proposed
Mitigated Negative Declaration is in the public interest.
Section 5: That 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
future needs groups, and develop[s] an ordinance implementing the code amendment program
identified in the City's certified Housing Element.
Section 6: The Planning Commission finds that the amendments to Title 17 in the
attached Draft Ordinance are necessary to preserve the public health, safety, and general
Welfare in the area.
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 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 Title 17 as they existed prior to
the effective date of this ordinance.
P.C. Resolution No. 2011-05
Page 2 of 3
Section 8: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code
as identified in the Draft Ordinance attached hereto and made a part of this Resolution shall
apply to all uses submitted after the effective date of the adoption of said ordinance.
Section 9: For the foregoing reasons, and based on the information and findings
included in the Staff Report, Minutes, and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends that the City Council
certify a Negative Declaration and adopt the attached Ordinance amending Title 17 of the City's
Municipal Code to establish reasonable accommodations procedures for individuals with
disabilities, to establish standards for single-room occupancy facilities, to establish standards for
single-room occupancy facilities, to identify a zone in which emergency shelters are a permitted
use, and to establish procedures for the development of transitional and supportive housing.
PASSED, APPROVED, AND ADOPTED this 25`h day of January 2011, by the following vote:
AYES:Commissioners Emenhiser, Gerstner, Knight, Leon, Lewis, Vice Chairman Tetreault,
and Chariman Tomblin
NOES: None
ABSTENTION: None
ABSENT: None
RECUSALS: None
avid Tomblin
Chairman
Joel R as, AICP
Com nit Develop nt Director; and,
Secre ry o the Planning Commission
P.C. Resolution No. 2011-05
Page 3 of 3
DRAFT ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S
MUNICIPAL CODE, TO ESTABLISH REASONABLE
ACCOMMODATIONS PROCEDURES FOR INDIVIDUALS WITH
DISABILITIES, TO ESTABLISH STANDARDS FOR SINGLE-ROOM
OCCUPANCY FACILITIES, TO IDENTIFY A ZONE IN WHICH
EMERGENCY SHELTERS ARE A PERMITTED USE, AND TO
ESTABLISH PROCEDURES FOR THE DEVELOPMENT OF
TRANSITIONAL AND SUPPORTIVE HOUSING (CASE NO. ZON2010-
00183)
WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes
Municipal Code to establish Reasonable Accommodations procedures for individuals
with disabilities under the Federal Fair Housing Amendments Act of 1988 and
California's Fair Employment and Housing Act, and consistent with the City's 2008
Housing Element; and
WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes
Municipal Code to establish standards for single-room occupancy facilities, consistent
with the City's 2008 Housing Element; and
WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes
Municipal Code to establish a zone to allow emergency shelters as a permitted use,
consistent with Government Code Section 65583(a)(4)(A) and the City's 2008 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 2008 Housing Element; and
WHEREAS, on December 30, 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 provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
January 25, 2011, at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments 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 No. 2011-_ 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., 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, the Initial Study was prepared on December 17, 2010 and
distributed for circulation and review from December 20, 2010 through January 25,
2011; and
WHEREAS, copies of the draft Negative Declaration were distributed to the City
Council, and prior to taking action on the proposed 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 {DATE), a notice of a City Council 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
(DATE), 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 ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Title 17 of the Municipal Code, as set forth in Sections 5 — 14 of this Ordinance
(hereinafter referred to as the "Amendments").
Section 2: The City Council finds that the Amendments to Title 17 of the
Municipal Code are consistent with California Government Code Section 65853, zoning
amendment procedures.
Section 3: The City Council finds that there is no substantial evidence that the
Amendments to Title 17 would result in significant environmental effects. A Negative
Declaration has been prepared and Resolution No. 2011- has been adopted,
certifying the Negative Declaration and making certain environmental findings in
association with Case No. ZON2010-00183.
Section 4: The City Council finds that the Amendments to Title 17 of the
Municipal Code are necessary to preserve the public health, safety, and general welfare
in the area.
Section 5: Title 17 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Chapter 17.67 thereto to read as follows (the underlined text
representing new language):
"Chapter 17.67 Reasonable Accommodations for Individuals with Disabilities
Section 17.67.010 Purpose
A. Pursuant to the federal Fair Housing Amendments Act of 1988 and the
California Fair Employment and Housing Act. this chanter establishes formal
procedures allowing individuals with disabilities and their representatives to request
reasonable accommodations in the application of zoning laws and other land use
regulations, policies and _procedures when necessary to eliminate harriers to housing
opportunities.
B. A reasonable accommodation granted pursuant to this Chapter shall not
be construed as an amendment to this title or a change to the maps which are part of
this title.
Section 17.67.020 Applicability
A. A request for a reasonable accommodation may be made by any person
with a disability, their representative or any developer or provider of housing for an
individual with a disability, when the application of a zoning law or other land use
regulation, policy or practice acts as a barrier to fair housing opportunities This
Chapter is intended for the benefit of those persons who are defined as disabled under
Section 17.67.030.13 of this Chapter.
B. A request for a reasonable accommodation may include a modification or
exception to the rules, standards and practices for the siting_ development and use of
housing or housing-related facilities that would eliminate regulatory barriers and provide
a person with_a disability equal opportunity to the housing of their choice Requests for
a reasonable accommodation shall be made in the manner prescribed by this Chapter
C. A request for a reasonable accommodation shall be granted to an
individual and shall not run with the land unless the Community Development Director
determines that:
1. The modification is physically integrated into the residential structure and
cannot easily be removed or altered to comply with Sections 17.02 and 17.04 of
the Rancho Palos Verdes Municipal Code: or
2. The accommodation is to be used by another individual with a disability
Section 17 67 030 Definitions
A. "Fair Housing Laws" means the Federal Fair Housing Amendments Act of
1988 and California's Fair Employment and Housing Act, as these statutes now exist or
may be amended from time to time, and each Act's implementing regulations
B. "Individual with a disability" means a person who has a physical or mental
impairment that limits one or more major life activities anyone who is regarded as
having that type of impairment or, anyone who has a record of that type of impairment.
People who are currently using illegal substances are not considered individuals with a
disability under the Fair Housing Laws, unless they have an otherwise aualifvina
disability.
Section 17.67.040 Application Requirements
A. Application Requests for a reasonable accommodation shall be
submitted on an application form provided by the Community Development Department;
or in the form of a letter to the Community Development Director The application shall
contain the following information:
1. The applicant's name, address and telephone number.
2. Address of the property for which the request is being made.
3. The current actual use of the property.
4. Documentation that the applicant is: (A) an individual with a disability (B)
applying on behalf of one or more individuals with a disability: or (C) a
developer or provider of housing for one or more individuals with a
disability.
5. The specific exception or modification to the zoning code provision*
regulation, policy, or practice that is being requested.
6. Documentation that the requested accommodation is necessary to provide
one or more individuals with a disability an equal opportunity to use and
enjoy the residence.
Section 17 67 050 Reviewina Authority
A. Community Development Director. Requests for a reasonable
accommodation shall be reviewed by the Community Development Director if no
approval is sought other than the request for a reasonable accommodation
Section 17,67,060 Procedures
A. A writtenrequestfor reasonable accommodations shall be made pursuant
to Section 17.67.040 of this Code.
B. If applicant needs assistance in making the
request for reasonable
accommodation, the.Community Development Department shall provide the assistance
necessary to ensure that the process is accessible to the applicant.
C. Within thirty days- of an application being submitted the ..Director may
request additional information necessary for making a determination regarding the
request for a reasonable accommodation that complies with the Fair Housing Law's
protections and the privacy rights of the individual with a disability to use the specified
housing. If additional information is requested, the sixty,-=day time period for making...a
determination on the request stops running until the additional information is provided.
Section 17,67.070 Action by the Director
A. The Community Development Director shall issue a written-determination
within sixty (60) days of the receipt of a complete application, unless extended in writing
by mutual agreement of the City and the applicant
B. The Director may grant a reasonable accommodation request only upon
finding that:
1 The... housing, which is the subject —of the request for reasonable
accommodation, will be used by an individual with-.a disability protected
under the Fair Housing Laws;
2. ,.. The requested accommodation is necessary to make housing available to
an individual with a disability protected under the Fair Housing Laws;
3.
a s-
3. The reamested accommodation will not impose an undue financial or
administrative burden on the City:
4. . The requested accommodation will not require a fundamental alteration in
the nature of the City's zoning regulations and policies;
5. There are no alternatives to the requested accommodations that may
provideanequivalent level of benefit.
C. The Director may impose conditions upon the approval. of the reasonable
accommodation request deemed reasonable - and necessary to ensure that the
reasonable accommodation would comply with the find;--- required by subsection �B
above. Conditions of approval may, where.deemed a.ppropriate, provide for any or all o
the following:
1. The reasonable accommodation shall only beapplicableto particular
inq—jvidual as ,
2. Periodic inspection of the affected premises, as specified in the conditions, to
verify compliance with this Chapter and with any applicable conditions of
approval.
3. Prior to any transfer of interest in the premises, notice shall be given to the
transferee of the existence of the modification, and the requirements that the
transferee apply for a new modification as necessary. Once such transfer takes
effect, the originally approved modification shall have no further validity__
4. Removal of the improvement if the need for which the accommodation was
granted no longer exists.
5. Time limits and/or expiration of the approval if the need for which the
accommodation was granted no longer exists
6. Other reasonable conditions deemed necessary to protect the public health}
safety_, and welfare.
D. Prior to the issuance of any permits relative to an approved reasonable
accommodation, the Director may require the applicant and/or owner to record a
covenant in the county recorder's office acknowledging and agreeing to comply with the
terms and conditions established in the determination, and to provide notice to future
owners that a reasonable accommodation has been approved
Section 17 67 080 Notice of Determination
Upon approval of a reasonable accommodation request by the Director, written notice of
such decision shall be given to the applicant and to all owners of property adjacent to
the subject property. Notice of denial shall be given to only the applicant
Section 17 67 090 Appeal of Determination
Any interested person may appeal a decision of the Director to the Planning
Commission and a decision of the Planning Commission to the City-Council-pursuant to
Chapter 17.80 (Hearing and Appeal Procedures) of this Title No reasonable
accommodation shall be effective and no development permitted by a reasonable
accommodation shall be initiated or construction started, until the appeal period has
been exhausted.
Section 17.67.100 Expiration of Approval
Any modification granted throuah a reasonable accommodations procedure for an
individual with a disability shall be considered a personal accommodation for the
individual applicant and shall not run with the land."
Section 6: Section 17.20.020 (Uses and development permitted) of Chapter
17.20 (Commercial General District) of Title 17 of the Municipal Code is hereby
amended to read as follows (the underlined text represents new language):
"17.20.20. Uses and development permitted.
Uses allowed in Sections 17.14.020 (Commercial Limited (CL) District) and
17.16.020 (Commercial Neighborhood (CN) District) and a wider range of uses
including such uses as major department stores, major hardware, home improvement
stores, appliance stores, furniture stores and any similar uses clearly related to the
surrounding area as approved by the director. In addition, emergency shelters as
defined in Section 17 A6.625 shall be a permitted use The director's determination may
be appealed to the planning commission and the planning commission's decision may
be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures)."
Section 7: Section 17.96.1685 of Chapter 17.96 (Definitions) of Title 17 of the
Municipal Code is hereby added to read as follows:
4117.96.625. Emergency.Shelters Housing with minimal supportive services for
homeless persons that is limited to occupancy of six months or less by a homeless
person. No individual or household may be denied emeraencv shelter because of an
inability to pay."
Section 8: Section 17.20.030 (Uses and development permitted by conditional
use permit) of Chapter 17.20 (Commercial General District) of Title 17 of the Municipal
Code is hereby amended to read as follows (the underlined text represents new
language):
"17.20.030 Uses and development permitted by conditional use permit.
The following uses may be permitted in the commercial general (CG) zone if it is
found in each individual case by the planning commission, that the criteria and
limitations imposed on such uses by other provisions of this title are satisfied, and if
specific conditions are imposed to carry out the intent and purpose set out in Section
17.20.010 of this chapter and Chapter 17.60 (Conditional Use Permits):
A. Automobile service stations, pursuant to Section 17.76.090 (Automobile
service stations);
B. Automobile service stations and car washes accompanying auto service
stations, as per Section 17.76.090 (Automobile service stations);
C. Car washes;
D. Wholesale plant nurseries;
E. Flower and produce stands and similar commercial/agricultural retail uses;
F. Hotels;
G. Movie theaters, billiard halls, bowling alleys, skating rinks and other similar
commercial-recreational uses;
H. Fitness studios, dance schools, computer schools and other similar
educational activities or uses;
I. Convenience stores as per Section 17.76.080 (Convenience stores);
J. Recycling drop-off/collection facilities and community service recycling
programs pursuant to Chapter 17.58 (Recycling);
K. Outdoor sale, storage or display of merchandise and/or provisions of
services, only in conjunction with a permanent use in a building, except for
temporary outdoor uses which may be permitted with a special use permit
or temporary vendor permit, pursuant to Chapter 17.62 (Special Use
Permits), by the director;
L. Bed and breakfast inns;
M. Cleaners/laundry uses which have cleaning operations on site;
N. Churches;
O. Commercial antennas, pursuant to Section 17.76.020 (Antennas and
satellite dishes);
P. Concurrent sales of alcohol and motor fuel;
Q. Developments of natural resources, except in the coastal specific plan
district;
R. Golf courses, driving ranges and related ancillary uses;
S. Governmental facilities;
T. Public utility structures;
U. Outdoor active recreational uses and facilities;
V. Restaurants that sell alcoholic beverages and have dancing, live
entertainment, or four or more billiard tables, dart boards, or other games
which may be used for competition and/or recreation; restaurants that sell
alcoholic beverages and change the type of retail license classification
they hold under authority of the State Department of Alcoholic Beverage
Control; and restaurants that provide drive-through window service for
vehicles;
W. Small wind energy systems, pursuant to Section 17.83.060 (Small wind
energy systems); a-n4
X. Single-room occupancy facilities pursuant to Section 17.76.190: and
Y. Such uses as the director deems to be similar and no more intensive.
Such a determination may be appealed to the planning commission and
the planning commission's decision may be appealed to the city council
pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). If a
proposed use or development is located in the coastal specific plan
district, the city's final decision regarding such other use may be appealed
to the California Coastal Commission for a determination that the uses are
similar and compatible with the local coastal program.
Section 9: Title 17 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new Section 17.76.190 thereto to read as follows (the
underlined text represents new language):
"17.76.190 Single-Room Occupancy Facilities
A. Purpose. This section provides criteria for the development operation and
regulation of single-room occupancy facilities. These criteria ensure that single-room
occupancy facilities are developed and operated on adequate sites at proper and
desirable locations with respect to development patterns adjacent land uses, and the
goals and objectives of the general plan and any applicable specific plans
B. Development Standards. The followjng development standards shall apply to
single-room occupancy facilities:
1. Lot area per unit. No minimum lot area per unit standard shall annly to
single-room occupancy facilities.
2. Unit Size and Occupancy. The minimum size of a single-room occupancy
unit shall be 150 square feet and the maximum sjze shall be 220 square
feet which may include bathroom and/or kitchen facilities
3. Common Area. A minimum of ten square feet per unit or 250 square feet,
whichever is greater, shall be provided for common area. All common area
shall be within the building Recreation rooms meeting rooms dining
rooms, or other similar areas approved by the Direc or may be considered
common area. Shared bathrooms and kitchens shall not be considered as
common areas.
4. Management. A single-room occupancy management plan shall be
submitted to, reviewed approved and enforced by the Community
Development Director. The management plan shall be approved prior to
issuance of a certificate of occupancy..-.The management plan shall be
comprehensive and contain management policies and operations, rental
procedures and rates, maintenance plans residency and guest rules and
procedures, security procedures and staffing needs including job
descriptions. A 24-hour resident manager shall be provided for any
single-room occupancy use with 12 or more units.
5. Development Standards. Except as to the development standards
expressly set forth herein, single-room occupancy shall meet the
commercial development standards of the district in which it is located
6. Parking. One parking space for every two units shall be provided, with a
minimum of 2 parking spaces for the entire facility.
7. Kitchen Facilities. In each unit a kitchen sink serviced with hot and cold
water wjth a garbage disposal and a counter top measuring a minimum of
18 inches wide by 24 inches deep shall be required.—A complete kitchen
facility available for residents shall be provided on each floor of the
structure if each individual unit is not provided with a minimum of a
refrigerator and a microwave oven
8. Bathroom Facilities For each unit a private toilet in an enclosed
compartment with a door shall be provided This compartment shall be a
minimum of 15 square feet. If prjvate bathing facilities are not provided for
each unit shared shower or bathtub facilities shall be provided at a ratio of
1 shower or bathtub facility for every 7 units or fraction thereof. The
shared shower or bathtub facility shall be on the same floor as the units it
is intended to serve and shall be accessible from a common area or
hallway. Each shared shower or bathtub facility shall be provided with an
interior lockable door."
Section 10: Section 17.04.030 (Uses and development permitted by conditional
use permit) of Chapter 17.04 (Multiple-Family Residential Districts) of Title 17 of the
Municipal Code is hereby amended to read as follows (the underlined text represents
new language):
"17.04.030. Uses and development permitted by conditional use permit.
Only the following uses and developments may be conducted or constructed with
approval of a conditional use permit pursuant to Chapter 17.60 (Conditional Use
Permits):
A. Condominium, stock cooperative and similar developments where the
structure and/or lot is divided for sale, or where exclusive use of a unit is
granted to an individual or individuals upon purchase of stock;
B. Minor commercial uses; provided, that such commercial uses are clearly
incidental and auxiliary to the development, and are designed for the sole
use of the residents of the development;
C. Mobile home parks, with the following provisions;
1. Mobile home parks shall be a minimum area of ten acres;
2. The lot area per mobile home or mobile home space shall not be
less than four thousand square feet;
3. Mobile homes shall conform to setback and open space area
standards for the district in which they are located;
4. There shall be a distance of not less than fifteen feet between
mobile homes;
5. Mobile home parks shall provide a minimum of two, non-tandem
parking spaces per mobile home site;
6. One storage space shall be provided for recreational vehicles per
every five mobile home sites. Such storage space shall not be
tandem to the parking spaces required in Section 17.04.030(C)(5)
of this chapter;
D. Residential care facilities involving seven or more patients;
E. The growing of crops and/or fruits on more than one acre or for
commercial purposes;
F. Bed and breakfast inns;
G. Commercial antennas and satellite antennas, pursuant to Section
17.76.020 (Miscellaneous Permits and Standards);
H. Golf courses, driving ranges and related ancillary uses;
I. Government facilities;
J. Public utility structures;
K. Outdoor active recreational uses and facilities; a44d
L. Supportive Housing and Transitional Housing and
M. Such other uses as the director deems to be similar and no more
intensive. Such a determination may be appealed to the planning
commission and the planning commission's decision may be appealed to
the city council pursuant to Section 17.80.050 (Hearing Notice and Appeal
Procedure). If a proposed use or development is located in the coastal
specific plan district, the city's final decision regarding such other use may
be appealed to the California Coastal Commission for a determination that
the uses are similar and compatible with the local coastal program."
Section 11: Section 17.96.2095 of Chapter 17.96 (Definitions) of Title 17 of the
Municipal Code is hereby added to read as follows:
"17.96.2095. Supportive housing. A facility that provides housing with no limit on
length of stay, that is occupied by the target population, and that is linked to onsite or
offsite services that assist the supportive housing resident in retaining the housing
improving his or her health status, and maximizing his or her ability to live and when
possible, work in the community. For purposes of this definition "target population"
means persons with low incomes having one or more disabilities_ including mental
illness. HIV or AIDS, substance abuse or other chronic health conditions, or individuals
eligible for services provided under the Lanterman Developmental Disabilities Services
Act (Division 4.5 (commencing with Section 45001 of the California Welfare and
Institutions Code) and may include, among other populations, adults emancipated
youth, families, families with childrenelderly persons young adults aging out of the
foster care system, individuals exiting from institutional settings, veterans and
homeless people."
Section 12: Section 17.96.2115 of Chapter 17.96 (Definitions) of Title 17 of the
Municipal Code is hereby added to read as follows:
"17.96.2115. Transitional housing Rental housing that in which residents stay
longer than overnight, but not more than six months, and is exclusively designated and
targeted for individuals and households at immediate risk of becoming homeless or
transitioning from homelessness to permanent housing."
Section 13: 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 this
ordinance shall not be affected by the amendments to Title 17 by this ordinance and
shall continue in effect until and unless the use ceases or terminates operation
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 14: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all uses submitted after the effective date of the
adoption of said ordinance.
Section 15: The City Clerk shall certify to the adoption of this ordinance and
shall cause the same to be posted in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this {DATE).
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 Ordinance No. was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on {DATE}.
City Clerk