PC RES 2003-029A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER- 17.11
(AFFORDABLE HOUSING) AND CHAPTER 17.96 (DEFINITIONS) OF
TITLE 17 OF THE CITY'S MUNICIPAL CODE TO CONFORM TO STATE
DENSITY BONUS LAWS.
WHEREAS, Chapter 17.11 of Title 17 of the Rancho Palos Verdes Municipal
Code (the "Municipal Code") sets forth various procedures and regulations regarding
provision of affordable housing within the City; and,
WHEREAS, Assembly Bill 1866, signed into law by the Governor on September
29, 2002, amended certain provisions of the Government Code Section 65915
pertaining to provision of incentives or concessions for the production of affordable
housing, effective January 1, 2003, and,
WHEREAS, Government Code Section 65915 (a) stipulates, "All cities shall
adopt an ordinance that specifies how compliance with [state density bonus
requirements] will be implemented," and,
WHEREAS, the statutory amendments made by Assembly Bill 1866 necessitate
amendments to 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 the Municipal Code, and,
WHEREAS, on May 24, 2003, 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, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on June
10, 2003, and continued the public hearing to June 24, 2003, and,
WHEREAS, the Planning Commission conducted a public hearing on June 24,
2003, at which time all interested parties were given an opportunity to be heard and
present evidence regarding said amendments to Title 17 as set forth in the Planning
Commission Staff Report of that date, and,
WHEREAS, the Planning Commission has reviewed and considered the
proposed code amendments to Title 17
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
P.0 Resolution No. 2003-29
Page 1 of 3
Section 1: The Planning Commission has reviewed and considered the
amendments to Chapter 17.11 (affordable Housing) and Chapter 17.96 (Definitions) of
Title 17 of the City's Municipal Code, as presented and contained in Draft Ordinance
No. _, attached hereto and made a part hereof
Section 2: The Planning Commission 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 Planning Commission finds 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 state density bonus law", in accordance with
General Plan Goals I and Ill.
Section 4: The Planning Commission finds that the amendments to Tale 17
conform to State Density Bonus laws and to Assembly Bill 1866 (Wright)
Section 5: The Planning Commission finds that the amendments to Title 17
are substantially the same as previous provisions of the Rancho Palos Verdes
Municipal Code or any other ordinance repealed, amended or superseded upon the
enactment of this ordinance and that the amendments to Title 17 shall be construed as
a restatement and continuation of the previous provisions and as new enactment
Section 6: The Planning Commission further finds that there is no substantial
evidence that the amendments to Title 17 would result in new significant environmental
effects, or a substantial increase in the severity of the effects, as previously identified in
Environmental Assessment No. 694 and the Negative Declaration, adopted through
Resolution No. 97-25 in conjunction with Ordinance No 320 for amendments to Titles
16 and 17 of the Municipal Code, since the amendments will ensure that the City's
Municipal Code is consistent with AB 1866 for density bonuses and concessions, and
establishes specific findings for review of requested density bonuses or concessions.
An Addendum (No 8) to the prior Negative Declaration has been prepared and is
attached hereto as Exhibit `A' The Planning Commission hereby finds, based on its
own independent judgment, that the facts stated in the Addendum are true because the
revisions to the Development Code are not significant, are within the scope of EA/ND
No. 694 that were prepared and adopted in conjunction with the amendments to Titles
16 and 17 that were adopted on April 19, 1997 by the City Council, and all future
proposals would be subject to review as required by CEQA. Further, none of the
circumstances set forth in the State CEQA Guidelines § 15162 by which subsequent
environmental review would be required, exist in this case.
Section 7: The Planning Commission finds that the amendments to Title 17
are necessary to preserve the public health, safety, and general welfare in the area.
P.C. Resolution No. 2003-29
Page 2 of 3
Section 8: 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.
Section 9: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
effective date of the adoption of said ordinance and to all development applications that
have not been deemed complete prior to the effective date of the adoption of said
ordinance.
Section 10: 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 adopt an Ordinance amending Chapter 17.11 (Affordable Housing) and
Chapter 17 96 (Definitions) of Title 17 of the City's Municipal Code to conform to State
Density Bonus laws as amended by AB 1866.
PASSED, APPROVED, AND ADOPTED this 24It" day of June 2003, by the following
vote:
AYES: Cartwright, Cote, Duran Reed, Long, Mueller, Tomblin
NOES: None
ABSTENTION: None
ABSENT: Lyon
Jo0l Rqas, Al
Dit'"t of Plat Un�in ,, Building
and Code Enforcement, and,
Secretary to the Planning Commission
Thomas Long
Chairman
P.0 Resolution No 2003-29
Page 3 of 3