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RPVCCA_SR_2011_03_15_09_Code_Amendment_Implement_Housing_ProgramsPUBLIC HEARING Date:March 15,2011 SUbject:Code Amendment to Implement Certain Programs Identified in the City's Housing Element (Case No.ZON201 0-00183) Location:Citywide 1.Declare the Hearing Open:Mayor Long 2.Report of Notice Given:City Clerk Morreale 3.Staff Report &~ecommendation:Senior Planner Schonborn 4.Public Testimony: Appellant:N/A Applicant:N/A 5.Council Questions: 6.Rebuttal:N/A 7.Declare Hearing Closed:Mayor Long 8.Council Deliberation: 9.Council Action: 9-1 CITY OF RANCHO PALOS VERDES MEMORANDUM CITY COUNCIL MEMBERS VELOPMENT DIRECTOR HONORABLE MAYOR JOEL ROJAS,COMMU MARCH 15,2011 CODE AMENDMENT TO IMPLEMENT CERTAIN PROGRAMS IDENTIFIED IN THE CITY'S HOUSING ELEMENT (Case No.ZON201 0-00183)I CITYWIDE CAROLYN LEHR,CITY MANAGE~Gn>c:..L Eduardo Schonbom,AICP,Senior Plann~Project Manager: TO: FROM: DATE: SUBJECT: REVIEWED: RECOMMENDATION Staff and the Planning Commission recommend that the City Council adopt Resolution No. 2011-_,certifying a Negative Declaration;and,Introduce Ordinance No._,an Ordinance of the City of Rancho Palos Verdes revising Municipal Code Title 17 to a) establish reasonable accommodations procedures for individuals with disabilities,b) establish standards for single-room occupancy facilities,c)permit emergency shelters in the Commercial General (CG)Zone by right,and d)allow for the development of transitional and supportive housing. EXECUTIVE SUMMARY In compliance with State Law,the City Council adopted a Housing Element in June 2008, which was ultimately certified by the State Department of Housing and Community Development (HCD)on March 24,2010.The Housing Element covers the planning period between July 2006 and June 2014.In accordance with State Law,the City's Housing Element identifies specific programs to accomplish certain goals and objectives during the planning period.Included in these programs are certain Development Code Amendments to achieve the goal of providing a variety of housing types in order to implement new Housing Element requirements.As such,on October 19,2010,a proposal to initiate a series of Code Amendments identified in the City's certified Housing Element was presented to the City Council,which the Council unanimously initiated. 9-2 Case No.ZON2010-00183 Code Amendment -Reasonable Accommodations,et.al. March 15,2011 Staff subsequently presented the proposed Code Amendment to the Planning Commission on January 25,2011.After considering the proposed Code Amendments,the Planning Commission forwarded a recommendation to the City Council to certify the Negative Declaration and adopt an Ordinance to revise the Municipal Code on a 7-0 vote (see attached Minutes).In summary,the Code Amendment establishes a reasonable accommodations procedure for individuals with disabilities;establishes standards for single-room occupancy facilities;permits emergency shelters in the Commercial General (CG)Zone by right;and,allows for the development of transitional and supportive housing. These proposed code amendments are now before the City Council for adoption. ENVIRONMENTAL ASSESSMENT In accordance with the provisions of the California Environmental Quality Act (CEQA),a Negative Declaration has been prepared for this project.The Initial Study/Negative Declaration was distributed for public comment for a period of 30 days (December 20, 2010 through January 25,2010)to the State Clearinghouse and County of Los Angeles. Further,notices were published in th.e Peninsula News on December 30,2010 to inform the public of the Planning Commission meeting,and again on February 16,2011 to inform the public ofthe City Council meeting.No comments have been received as a result of the notices. PROJECT DESCRIPTION The City's Housing Element identifies a Code Amendment program that will be undertaken to promote and provide a mixture of housing types,promote housing for different income categories,and to reduce constraints that may hinder housing opportunities for individuals with disabilities.The proposed Code Amendment implements the following: 1)Establishes reasonable accommodations procedures by which individuals with disabilities and their representatives may request deviations from the City's Development Code; 2)Defines emergency shelters and identifies a zoning district in which emergency shelters are a permitted use; 3)Defines single-room occupancy facilities,establishes standards for single-room occupancy facilities,and identifies a zoning district in which such facilities are permitted with a conditional use permit;and 4)Defines transitional and supportive housing in a manner consistent with state law and identifies zones in which transitional and supportive housing may be developed with a conditional use permit. DISCUSSION The attached Planning Commission Staff Report dated January 25,2011,details the proposed code amendments.Notwithstanding,the proposed amendments are summarized below: 9-3 Case No.ZON2010-00183 Code Amendment -Reasonable Accommodations,et.al. March 15,2011 REASONABLE ACCOMMODATIONS: The genesis of this new procedure is the Federal Departments of Justice (DOJ)and Housing and Urban Development (HUD),as well as the California Attorney General. These agencies have encouraged cities to adopt a reasonable accommodation procedure to 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 housing of their choice. Thus,as described in the attached Ordinance,the Code is being amended to create a new chapter 17.67 that creates a new procedure whereby an individual with a disability may request a deviation from the City's development standards or other land use policies, regulations or practices.The reasonable accommodation (RA)procedure requires documentation of the disability;establishes conditions of approval;and,noticing and appeal procedures.Ultimately,a RA approved through the new procedure would be personal to the individual and would not run with the land. EMERGENCY SHELTERS: The proposed Code Amendment includes incorporating a definition for emergency shelters for the homeless,and specifying one zone where such uses can be located by-right.The genesis of this is Senate Bill 2 (SB2)adopted in 2007,as codified in Government Code Section 65583(a)(4 )(A),which requires cities to adopt standards to allow emergency shelters for the homeless to be located in at least one zone as a permitted use. As described in the attached Ordinance,the proposed Code Amendment modifies Section 17.20.020 (Commercial General District)of the Development Code to allow emergency shelters as a permitted use in the CG zoning district (said zoning district is comprised of the Western Avenue commercial corridor).Staff selected the CG zone for emergency shelters because hotels are already conditionally permitted in this zone,and the CG zone provides access to mass transit and a wide array of uses,activities and services along the Western Avenue commercial corridor. SINGLE-ROOM OCCUPANCY FACILITIES: The Code Amendment proposes that Single-Room Occupancy ("SRO")facilities be a conditionally permitted use in the Commercial General Zoning District.SROs typically provide residents with a single bedroom and access to amenities such as kitchens and bathrooms in a communal setting.The proposed Code Amendment,as described in the attached Ordinance,creates a new Section 17.76.190 that contains standards for the development and operation of such facilities,and requires that applicants obtain a conditional use permit for such a development from the Planning Commission.Similar to "Emergency Shelters",Staff selected the CG zone for the location of SROs because hotels 9-4 Case No.ZON2010-00183 Code Amendment -Reasonable Accommodations,et.al. March 15,2011 are already conditionally permitted in this zone,and the CG zone provides access to mass transit and a wide array of uses,activities and services along the Western Avenue corridor. TRANSITIONAL AND SUPPORTIVE HOUSING: Lastly,the proposed Code Amendment proposes to add definitions for both Transitional Housing (Section 17.96.2115)and Supportive Housing (Section 17.96.2095).In order to ensure that these residential uses will be compatible with the surrounding areas,the proposed Code Amendment proposes to amend Development Code Section 17.04.030 to allow transitional and supportive housing as conditionally permitted uses in Multiple-Family Residential Zoning Districts. Attached to this report is the proposed ordinance that identifies the recommended changes and additions to the City's Development Code,under Title 17 (strikethrough for text removed,and underlined for text added). CONCLUSION Staff believes that the proposed Code Amendment,as reviewed and approved by the City Attorney,is consistent with State and Federal Laws,with the California Attorney General's Office directives,and is consistent with the policies and programs established in the City's certified Housing element.Further,the Planning Commission has reviewed the proposed Code Amendment and has recommended that the City Council adopt the proposed Code Amendment.Thus,based upon the foregoing discussion,Staff recommends that the City Council adopt Resolution No.2011-_,certifying a Negative Declaration;and,Introduce Ordinance No._,an Ordinance of the City of Rancho Palos Verdes revising Municipal Code Title 17 to a)establish reasonable accommodations procedures for individuals with disabilities,b)establish standards for single-room occupancy facilities,c)permit emergency shelters in the CG Zone by right,and d)allow for the development of transitional and supportive housing. FISCAL IMPACT At this time,Staff is not suggesting that a fee be charged to apply for the newly created Reasonable Accommodations request process.Although the code amendment creates a new procedure and application that will consume Staff time,given the purpose of the Reasonable Accommodations process,which is to alleviate governmental constraints,a fee could be considered an additional hurdle to a disabled person's access to housing. Thus,Staff does not recommend that the City Council impose a fee for applying for a reasonable accommodation. ALTERNATIVES In addition to Staff's recommendation,the following alternatives are available for consideration by the City Council: 9-5 Case No.ZON2010-00183 Code Amendment -Reasonable Accommodations,et.al. March 15,2011 1.Provide Staff with additional information to modify the proposed Code Amendment language,and continue the item to a date certain;or, 2.Identify any issues of concern with the proposed code amendments and remand the proposed code amendment back to the Planning Commission for reconsideration. Attachments: •Resolution No.2011-_,certifying a Negative Declaration •Ordinance No. •PC Resolution No.2011-05,recommending Council adoption of a Negative Declaration and Code Amendment •Initial Study/Negative Declaration •PC Staff Report dated January 25,2011 •Excerpt Minutes of January 25,2011 Planning Commission Meeting 9-6 RESOLUTION NO. 2011-__, CERTIFYING A NEGATIVE DECLARATION 9-7 RESOLUTION NO. 2011 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, 9-8 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 9-9 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.___ are necessary to preserve the public health, safety, and general welfare in the area, and are in 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 2011. 9-10 Resolution No. 2011-__ _________________________ 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-__ was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 15, 2011. _______________________ City Clerk 9-11 ORDINANCE NO. ___ 9-12 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 9-13 WHEREAS,the Planning Commission reviewed and considered the proposed code amendments to Title 17 and adopted P.C.Resolution No.2011-05 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 February 16,2011,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 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 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.ZON201 0-00183. 9-14 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 Califomia Fair Employment and Housing Act.this chapter 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 necessarv to eliminate barriers 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.B 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 regulatorv 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: 9-15 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 qualifying 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:IAl an individual with a disability:(8) applying on behalf of one or more individuals with a disability:or IC)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 necessarv to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. Section 17.67.050 Reviewing 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. 9-16 Section 17.67.060 Procedures A.A written request for reasonable accommodations shall be made pursuant to Section 17.67.040 of this Code. B.If the 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.The requested 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:and 5.There are no alternatives to the requested accommodations that may provide an equivalent 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 findings required by subsection !B) above.Conditions of approval may,where deemed appropriate,provide for any or all of the following: 1.The reasonable accommodation shall only be applicable to particular individual(s). 9-17 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 through 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. 9-18 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 17.96.625 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: "17.96.625.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 emergency 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); 9-19 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);afl€I 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 Drovides criteria for the development operation and regulation of single-room occupancy facilities.These criteria ensure that single-room 9-20 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 following development standards shall apply to single-room occupancy facilities: 1.Lot area per unit.No minimum lot area per unit standard shall aoolv 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 size 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 Director 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 everv 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 with 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 private 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 everv 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 9-21 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;aOO L.Supportive Housing and Transitional Housing;and 9-22 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 "taraet 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 4500)of the California Welfare and Institutions Code)and may include,among other populations,adults,emancipated youth,families,families with children,elderly 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. 9-23 PASSED,APPROVED and ADOPTED this 15 th day of March 2011. 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 March 15,2011. City Clerk 9-24 PC RESOLUTION NO. 2011-05, RECOMMENDING COUNCIL ADOPTION OF A NEGATIVE DECLARATION AND CODE AMENDMENT 9-25 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 9-26 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 pubiic 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.ZON201 0-00183 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 9-27 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 th 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 P.C.Resolution No.2011-05 Page 3 of 3 9-28 INITIAL STUDY/NEGATIVE DECLARATION 9-29 City of Rancho Palos Verdes ENVIRONMENTAL CHECKLIST FORM 1.Project title: Code Amendment (Planning Case Nos.ZON2010-00183) (Code Amendment and Environmental Assessment) 2.Lead agency name!address: City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 3.Contact person and phone number: Eduardo Schonbom,AICP,Senior Planner City of Rancho Palos Verdes (310)544-5228 4.Project location: Citywide City of Rancho Palos Verdes County of Los Angeles 5.Project sponsor's name and address: City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Boulevard Rancho Palos Verdes,CA 90275 6.General plan designation: Varies 7.Coastal plan designation: Varies 8.Zoning: Varies 9.Description of project: The proposed project is a Code Amendment to: 1)Establish reasonable accommodations procedures for individuals with disabilities,which include creating an application process for individuals with disabilities to request deviations from the standards established by the City's Development Code consistent with the implementation program of the City's certified Housing Element; 2)Establish standards for single-room occupancy facilities single room occupancy units, which will include a zoning district where such facilities are permitted,a definition of SRO units that is consistent with State law as well as development standards for this residential use consistent with the City's certified Housing Element; 3)Identify a zoning district in which emergency shelters are a permitted use,consistent with 9-30 Environmental Checklist Case No.ZON201 0-00183 December 17,2010 SB2 and the City's certified Housing Element;and, 4)Identify in the Development Code that transitional and supportive housing are considered a residential use of property,and create definitions for said uses that are consistent with State Law. 10.Description of project site (as it currently exists): The City of Rancho Palos Verdes was incorporated in 1973 and consists of a total area of about 13.6 square miles with 7.5 miles of coastline.Elevations range from sea level to 1,480 feet.The population of the City is over 42,000 and the character of the community is primarily residential with about 15,000 single-family residences,40 multi-family properties and 155 commercial/institutional parcels.The City is largely built out,with most development activity in the City's single-family neighborhoods consisting of the expansion and/or redevelopment of existing residences,with the occasional development of new residences on existing vacant lots.There are few large contiguous parcels remaining to be subdivided for single-family residential use. d tfdd'11 S urroun mQ an uses an se mQ: Land Uses Significant Features Existing residential,commercial,insti- On-site tutional and open space land uses in the See description above. City of Rancho Palos Verdes The cities of Lomita and Los Angeles serve Northeast,The cities of Lomita and Los Angeles as gateways to the Port of Los Angeles and East &(Harbor City,Wilmington and San the harbor area.They are developed with a Southeast Pedro)mixture of single-and multi-family residential,commercial and industrial uses. The Pacific Ocean borders the City of South &Rancho Palos Verdes for roughly 7.5 miles, Southwest Pacific Ocean and includes tidepools and sandy beaches. There is a State marine reserve at Abalone Cove. The City of Palos Verdes Estates is the oldest city on the Palos Verdes Peninsula. Northwest The City of Palos Verdes Estates It is primarily developed with single-family residential neighborhoods,with commercial and multi-family development at Lunada Bay and Malaga Cove. The cities of Rolling Hills Estates and The cities of Rolling Hills Estates and Rolling Hills were both incorporated in the North Rolling Hills 1950s,and both emphasize a semi-rural equestrian lifestyle.The major commercial center on the Palos Verdes Peninsula is Page 2 9-31 Environmental Checklist Case No.ZON2010·00183 December 17,2010 Land Uses Significant Features located in the City of Rolling Hills Estates. The City of Rolling Hills is gated and contains no commercial development. 12.Other public agencies whose approval is required: None. Page 3 9-32 Environmental Checklist Case No.ZON201 0-00183 December 17,2010 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a "Potentially Significant Impact"as indicted by the checklist on the following pages. o Aesthetics D Biological Resources D Agricultural Resources D Cultural Resources D Air Quality D Geology/Soils D Greenhouse Gas Emissions D Hazards &Hazardous Materials D HydrologylWater Quality D Land Use/Planning D Population/Housing o Transportationffraffic DETERMINATION: D Mineral Resources D Public Services D Utilities/Service Systems D Noise D Recreation D Mandatory Findings of Significance On the basis of this initial evaluation: [KJ I find that the project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. D I find that,although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent.A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have a "potentially significant impact"or "potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable regal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets.An ENVIRONMENTAL IMPACT REPORT is required but must analyze only the effects that remain to be addressed. D I find that,although the proposed project could have a significant effect on the environment,because all potentially significant effects,(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and (b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed on the propo roject,nothing further is required. Signature:Date:December 17,2010 Printed Name:Eduardo Schonborn,Senior Planner For:City of Rancho Palos Verdes Page 4 9-33 Environmental Checklist Case No.ZON2010-00183 December 17,2010 EVALUATION OF ENVIRONMENTAL IMPACTS: Less Than Significant Potentially with Less Than Issues and Supporting Information Significant Mitigation.Significant No Sources Sources Impact .Incorporated .Impact Impact 1.AESTHETICS.Would the project: a)Have a substantial adverse effect on a Xscenicvista? b)Substantially damage scenic resources, including,but not limited to,trees,rock Xoutcroppings,and historical buildings, within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its X surroundings? d)Create a new source of substantial light or glare,which would adversely affect X day or nighttime views in the area? Comments:As discussed in the project description above,the proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures for the development of transitional and supportive housing. 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 project implementation will be addressed through separate environmental analysis consistent with CEQA.As such,there will be no significant aesthetic impacts as a result of the proposed Code Amendment. 2.AGRICULTURE &FOREST RESOURCES '.Would the project: a)Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance (Farmland),as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resource Agency,to non-agricultural use? b)Conflict with existing zoning for agricultural use,or a Williamson Act X contract? c)Conflict with existing zoning for,or cause rezoning of,forest land (as defined in Public Resources Code X section 12220(g)),timberland (as defined by Public Resources Code 1 In determining \vhether impacts lo agriaJltural resources are significant environmental effects,lead agencies may refer to the California Agricullural Land Evaluation and Sile Assessment Madej (1997)prepared by the California Depl of Conservation as an optional model to use in assessing impacts on agriaJlture and farmland.In determining whether impacts to forest resources,induding timbertand, are significant environmenlal effects,lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land,including the Forest and Range Assessment Project and the Forest Legacy Assessment project;and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board Page 5 9-34 Environmental Checklist Case No.ZON2010-00183 December 17,2010 Less Than Significant, Potentially .with Less Than Issues and Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact section 4526),or timberland zoned Timberland Production (as defined by Government Code section 511 04(g))? d)Result in the loss of forest land or conversion of forest iand to non-forest X use? e)Involve other changes in the existing environment that,due to their location or nature,could result in conversion of XFarmland,to a non-agricultural use or conversion of forest land to non-forest use? Comments:a-e)Although properties in the City are not specifically zoned or otherwise officially designated for agricultural use,noncommercial agricultural uses of one-acre or less are permitted by right and through a conditional use permit when greater than one-acre on all property zoned Residential-Single-Family,1 DUlacre (RS-1).Since the amendment involves no development or other improvement or alteration,no substantial effect upon agricultural resources is expected to result from the proposed Code Amendment.As such,there will be no environmental impacts resulting from the proposed project with respect to agricultural resource issues. 3,AIR QUALITY',Would the project: a)Conflict with or obstruct implementation Xoftheapplicableairqualityplan? b)Violate any air quality standard or contribute SUbstantially to an eXisting or X projected air quality violation? c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal Xorstateambientairquaiitystandard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d)Expose sensitive receptors to Xsubstantialpollutantconcentrations? e)Create objectionable odors affecting a Xsubstantialnumberofpeople? Comments: a -e)The City of Rancho Palos Verdes is located within a five-county region in southern California that is designated as the South Coast Air Basin (SCAB).Air quality management for the SCAB is administered by the South Coast Air Quality Management Plan (AQMP)to address federal and state air quality standards.Although high level of air quality is prevalent in Rancho Palos Verdes since the ocean is the primary air recharge area region,a site-specific environmental analysis would be reviewed prior to any construction resulting from the proposed amendment to regUlate any emission sources.Therefore.there will be no air quality impacts. 2 Where available.the significant criteria established by the applicable air qualltymanagement or air pollution control districts may be relied upon 10 make the following detenninations. Page 6 9-35 Environmental Checklist Case No.ZON2010-00183 December 17,2010 Less Than Significant Potentially with .Less Than Issues and Supporting Information Significant Mitigation Significant No Sources SoUrces Impact Incorporated Impact Impact 4.BIOLOGICAL RESOURCES.Would the project:. a)Have a substantial adverse effect, either directly or through habitat modifications,on any species identified as a candidate,sensitive.or special status species in local or regional plans,X policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans.policies,or regulations.X or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? c)Have a substantial adverse effect on federally protected wetlands,as defined by Section 404 of the Clean Water Act (including,but not limited to,marsh,X vernal pool,coastal,etc.),through direct removal,filling,hydrological interruption, or other means? d)Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with Xestablishednativeresidentormigratory wildlife corridors,or impede the use of native wildlife nursery sites? e)Conflict with any local polices or ordinances protecting biological Xresources,such as tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,X or other approved local,regional,or state habitat conservation plan? Comments:a-e)The City of Rancho Palos Verdes participates in the Natural Community Conservation Planning Act (NCCP)which is a state program adopted by the California Department of Fish and Game and the U.S.of Fish and Wildlife Service that helps identify and provide for the area-wide protection of natural wildlife while allowing for compatible and appropriate local uses.There are four types of vegetation communities identified in the Natural Communities Conservation Plan (NCCP)preserve,Significant Ecological Areas and Sensitive Species Areas and the General Plan.Said vegetation communities include Coastal Sage Scrub,Chaparral and Grasslands.It should be noted that any applicable site-specific environmental analysis would be reviewed prior to any construction on said areas. Therefore,there will be no impact to any species,riparian habitat,sensitive natural community,wetlands,biological resources or to any adopted habitat conservation plan as a result of the Code Amendment. Page 7 9-36 Environmental Checklist Case No.ZON2010-o0183 December 17,2010 L.ess Than Significant Potentially with Less Than Issues an!'Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporated Impact Impact 5.CULTURAL RESOURCES:Would the project: a)Cause a substantial adverse change in the significance of a historical resource X as defined in §15064.5? b)Cause a substantial adverse change in the significance of an archaeological X resource pursuant to §15064.5? c)Directly or indireclly destroy a unique paleontological resource or site or X unique geologic feature? d)Disturbed any human remains, including those interred outside of X formal cemeteries? Comments:a-d)The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and.establishes procedures forthe development of transitional and supportive housing. The proposed project does not include any physical modifications or alterations of the existing land or structures that could impact cultural resources.Any physical modifications or alterations to existing land and/or structures as a result of project implementation will be addressed through separate environmental analysis consistent with CEQA.As such, there will be no significant aesthetic impacts as a result of the proposed Code Amendment. 6.GEOLOGY/SOILS.Would the project: a)Expose people or structures to potential substantial adverse effects,including the risk of loss.injury.or death involving: i)Ruprure of a known earthquake fault, as delineated on the most recent AlqUist-Priolo Earthquake Fault Zoning Map issued by the Slate X Geologist for the area or based on other substantial evidence of a known fault?3 ii}Strong seismic ground shaking?X iii)Seismic-related ground failure,in-XcludinQliquefaction? iv)Landslides?X b)Result in substantial soil erosion or the Xlossoftopsoil? 3 Refer 10 Division of Mines and Geology Special Publication 42. Page 8 9-37 Environmental Checklist Case No.ZON201 0-00183 December 17,2010 'Less Than Significant Potentially with Less Than Issues and.Supporting Information Significant Mitigation Significant No Sources Sources Impact Incorporate.d Impact Impact c)Be located on a geological unit or soil that is unstable,or that would become unstable as a result of the project,and Xpotentialiyresuliinon-or off-site landslide,lateral spreading,subsidence, liquefaction or coliapse? d)Be located on expansive soil,as defined in Table 18-1-B of the Uniform XBuildingCode(1994),thus creating substantial risks to life or property? e)Have soils incapable of adequately supporting the use of septic tanks or atternative wo,jte water disposal X systems where sewers are not available for the disposal of wastewater? Comments:a-e)The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zonin9 district in which emergency shelters are a permitted use;and,establishes procedures forthe development of transitional and supportive housing.The proposed project does not include any physical modifications or alterations of the existing land or slructures;thus,there are no impacts to geology and soils conditions.Any physical modifications or alterations to existing land and/or structures as a result of implementing the proposed Code Amendment will be addressed through separate environmental analysis consistent with CEQA.As such,there will be no significant exposure to geological risks as a result of the Code Amendment. 7.GREENHOUSE GAS EMISSIONS.Would the project: a)Generate greenhouse gas emissions, either directly or indirectly,that may Xhaveasignificantimpactonthe environment? b)Conflict with any applicable plan,policy or regulation adopted for the purpose of Xreducingtheemissionsofgreenhouse gases? Comments:a-b)The proposed project is a code amendment that creates reasonabie accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures for the development oftransitional and supportive housing.The project will not result in any emissions of greenhouse gasses since the proposed Code Amendment establishes a an application process for individuals with disabilities to request deviations from the Development Code standards,and creates allowances for certain uses consistent with State Law..As such,there will be no greenhouse gas emissions as a result of the Code Amendment. 8.HAZARDS &HAZARDOUS MATERIALS.Would the project: a)Create a significant hazard to the public or the environment through the routine Xtransport,use,or disposal of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably X foreseeable uoset and accident Page 9 9-38 Environmental Checklist Case No.ZON2010·00183 December 17,2010 Less Than Significant Potentially:with Less Than ,IssUes and Supporting Information Significant:.Mitigation Sigriificant :.No Sources Sources Impact··Incorporated .Impact :.Impact conditions involving the release of hazardous materials into the environ- ment? c)Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within X one-quarter mile of an existing or proposed school? d)Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code XSection65962.5 and,as a result,would it create a significant hazard to the public or the environment? e)For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,X would the project result in a safety hazard for people residing or working in the project area? f)For a project within the vicinity of a private airstrip,would the project result Xinasafetyhazardforpeopleresidin9or working in the project area? g)Impair implementation of or physically interfere with an adopted emergency Xresponseplanoremergencyevacuation plan? h)Expose people or structures to a significant risk of loss,injury,or death involving wildland fires,including where Xwildlandsareadjacenttourbanized areas or where residences are intermixed with wildlands? Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures for the development of transitional and supportive housing. a-d)All applicable site-specific environmental analysis would be reviewed prior to any construction to identify potential adverse impacts or conditions.If hazardous material is found,appropriate remediation and mitigation methods would be incorporated to prevent creating any hazardous condition for the public and the environment Therefore,there is no impact caused by the proposed amendment. e,f)There are no airports located within or in close proximity ofthe City of Rancho Palos Verdes.Therefore.there is no impact caused by the proposed amendment Page 10 9-39 Environmental Checklist Case No.ZON2010-00183 December 17,2010 Less Than Significant Potentially with Less Than Issues and Supporting Information Significant Mitigation Significant No Sou~ces Sources Impact Incorporated Impact Impact g-h)Since the project does not involve any development,the project will not interfere with any adopted emergency response or evacuation pian.Further,the project will not result in the exposure to people or structures to any adverse risks.Therefore,there would be no impact caused by the proposed amendment. 9.HYDROLOGYIWATER QUALITY.Would the project: a)Violate any water quality standards or Xwastewaterdischargerequirements? b)Substantially deplete groundwater supplies or interfere sUbstantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater X(e.g.,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c)Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a Xstreamorriver,in a manner which would result in substantial erosion or siltation on-or off-site? d)SUbstantially alter the existing drainage pattern of the site or area including through the alteration of the course of a stream or river,or substantially increase X the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e)Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems X or provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water Xquality? g)Place housing within a 1DO-year flood hazard area,as mapped on a federal Flood Hazard Boundary or Flood X Insurance Rate map or other flood hazard delineation map? h)Place within a 100-year flood hazard area structures which would impede or X redirect flood flows? i)Expose people or structures to a Xsionilicantriskofloss.iniurv.or death Page 11 9-40 Environmental Checklist Case No.LON2010-00183 December 17,2010 Less Than Significant Potentially with Less·Than Issues and Supporting Information Significant ,Mitigation Significant No Sources Sources·Impact Incorporated Impact Impact involving flooding,including flooding as a result of the failure of a levee or dam? j)Inundation by seiche,tsunami.or Xmudflow? Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures for the development of transitional and supportive housing.The proposed project does not include any physical modifications or alterations of the existing land or structures,thereby not impacting hydrology or water quality.Any physical modifications or alterations to existing land and/or structures as a result of implementing the Code Amendment will be addressed through separate environmental analysis consistent with CEQA.As such,there will be no impacts with respect to hydrology and water quality as a result of the proposed Code Amendment. 10.LAND USE/PLANNING.Would the project: a)Physically divide an established com-Xmunity? b)Conflict with any applicable land use plan,policy,or regulation of an agency with jurisdiction over the project (including,but not limited to the general Xplan,specific plan,local coastal plan,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c)Conflict with any applicable Habitat Conservation Plan or Natural Com-X munity Conservation Plan? Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures for the development of transitional and supportive housing.The proposed project does not include any physical modifications or alterations of the existing land or structures;rather,it creates an application process and development standards for specified uses identified in the City's certified Housing Element that is consistent with State Law.Any physical modifications or alterations to existing land and/or structures as a result of the project will be addressed through separate environmental analysis consistent with CEQA.Therefore,there will be no significant land use or planning impacts associated with the Code Amendment. 11.MINERAL RESOURCES.Would the project: a)Result in the loss of availability of a known mineral resource that would be Xofvaluetotheregionandtheresidents of the state? b)Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local X general plan,specific plan,or other land use plan? Comments:According to the Natural Environment Element of the General Plan,areas in Rancho Palos Verdes were ouarried for basalt,diatomaceous earth,and Palos Verdes slone between 1948 and 1958.However,the orooosed Page 12 9-41 Environmental Checklist Case No.ZON2010-o0183 December 17,2010 Less Than Significant Potentially with Less Than Issues and Supporting Information Signific;ant Mitigation Significant No Sources ,Sources ,Impact Incorporated 1J1lpact Impact project is an amendment to the Rancho Palos Verdes Development Code that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures for the development of transitional and supportive housing.The proposed project does not include any physical modifications or alterations of the exisling land or structures.Any physical modifications or alterations to existing land and/or structures as a resull of the project will be addressed through separate environmental analysis consislenl with CEQA.Therefore,there will be no significant impacts to mineral resources associated with the Code Amendment. 12.NOISE.Would the project result in: a)Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or X noise ordinance,or applicable stan- dards of other agencies? b)Exposure of persons to or generation of excessive ground borne vibration or X groundborne noise levels? c)A substantial permanent increase in ambient noise levels In the project Xvicinityabovelevelsexistingwithoutthe project? d)A substantial temporary or periodic increase in ambient noise levels in lhe Xprojectvicinityabovelevelsexisting without the project? e)For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or a public use airport,X would the project expose people residing or working in the project area to excessive noise levels? f)For a project within the vicinity of a private airstrip,would the project expose Xpeopleresidingorworkingintheproject area to excessive noise levels? Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shellers are a permitted use;and,establishes procedures for the development of transitional and supportive housing.The proposed project does not include any physical modifications or allerations of the existing land or structures and thus no noise production will result from the proposed code amendment.Notwithstanding,any physical modifications or alterations to existing land and/or structures as a result of implementing the Code Amendment will be addressed through separate environmental analysis consistent with CEQA.As such,there will be no significant noise impacts associated with the proposed Code Amendment. 13.POPULATION/HOUSING,Would the project: a)Induce substantial growth in an area either direcUy (e.g.,by proposing new X homes or businesses)'or indirecUy (e.g., Page 13 9-42 Environmental Checklist Case No.ZON2010-00183 December 17,2010 Less Than Significant Potentially with Less Than Issues and Suppor:flng:lnformation SignifiCant Mitigation Significant No Sources .,Sources Impact Incorporated Impact Impact through extension of roads or other infrastructure)? b)Displace substantial numbers of existing housing,necessitating the Xconstructionofreplacementhousing elsewhere? c)Displace substantial numbers of people,necessitating the construction X of replacement housing elsewhere? Comments:The proposed project would enact a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures for the development of transitional and supportive housing,The Amendment creates an application process and development standards for specified uses identified in the City's certified Housing Element that is consistent with State Law.Since the proposed project would enact revisions to the City's Development Code.it will not have any impacts to popUlation or housing,and no existing housing or persons would be displaced as a result of the proposed project.Therefore.the proposed code Amendment will have no impact upon population and housing. 14.PUBLIC SERVICES. a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facililies,need for new or physically altered governmental facilities,the construction of which could cause significant environmental im- pacts,in order to maintain acceptable service r2tios.response times or other performance objectives for any of the following public services: i)Fire protection?X ii)Police protection?X iii)Schools?X iv)Parks?X v)Other public facilities?X Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabiiities;establishes standards for single-room occupancy facilities:identify a zoning district in which emergency shelters are a permitted use;establishes procedures for lhe development of transilional and supportive housing;and,revises the City's hedge height regulalions in the fronl yard setback areas of residenlial properties.The proposed project does not include any physical modifications or alterations of the existing land or structures and thus no noise production will result from the proposed amendment.As such,there will be no environmental impacts resulting from the proposed code amendment with respect to public services issues. 15.RECREATION. a)Would the project increase lhe use of neighborhood and regionai parks or X other recreational facilities such that Page 14 9-43 Environmental Checklist Case No.ZON2010-o0183 December 17,2010 Less Than Significant Potentially wiih .Less Than Issues';ind Supporting Infonnation Significant Mitigation .Significant No Sourclls,Sourc,es Impact Incorporated Impact Impact substantial physical deterioration of the facility would occur or be accelerated? bj Does the project include recreational facilities or require the construction or expansion of recreational facilities,X which might have an adverse physical effect on the environment? Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning distJict in which emergency shelters are a permitted use;establishes procedures for the development of transitional and supportive housing;and,revises the City's hedge height regulations in the front yard setback areas of residential properties.The proposed project does not include any physical modifications or alterations of the existing land or structures and thus no noise production wi;;result from the proposed amendment.As such,the proposed project would have no impacis related to the construction or expansion of recreational facilities. 16.TRANSPORTATIONfTRAFFIC.Would the project: a)Conflict with an applicable pian, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit Xandnon-motorized travel and relevant components of the circulation system, including but not limited to intersections. streets,highways and freeways, pedestrian and bicycle paths,and mass transit? b)Conflict with an applicable congestion management program,including,but not limited to level of service standards and travel demand measures,or other X standards established by the county congestion management agency for designated roads or highways? cj Result in a change in air traffic patterns, inclUding either an increase in traffic Xlevelsorachangeinlocationthat results in substantial safety risks? dj Substantially increase hazards due to a design feature (e.g.sharp curves or Xdangerousintersections)or incom- patible uses (e.g.farm equipment)? ej Result in inadequate emergency ac-Xcess? f}Conflict with adopted policies,plans,or programs regarding public transit,X bicvcle,or pedestrian facilities,or Page 15 9-44 Environmental Checklist Case No.ZON201 0-00183 December 17,2010 Less Than Significant Potentially with Less Than Issues and Supp'orting Information Significant Mitigation Significant No Sources Sources ·Impact Incorporated Impact Impact otherwise decrease the performance or safety of such facilities? Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shellers are a permitted use;and,establishes procedures for the developmentoflransitional and supportive housing.The proposed project does not include any physical modifications or alterations of the existing land or structures and thus no traffic generation will result from the proposed amendment.As such,the proposed project would have no impacts related to traffic and transportation. 17.UTILITIES/SERVICE SYSTEMS.Would the project: a)Exceed wastewater treatment require- ments of the applicable Regional Water X Quality Control Board? b)ReqUire or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities,the construction of which could cause significant environmental effects? c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the X construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the project from existing Xentitlementsandresources,or are new or expanded entitlements needed? e)Result in a determination by the wastewater treatment provider which serves or may serve the project that it Xhasadequatecapacitytoservethe project's projected demand in addition to the provider's existing commitments? f}Be served by a landfill with sufficient permitted capacity to accommodate the X project's solid waste disposal needs? g)Comply with federal,state,and local statures and regulations related to solid X waste? Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities:identify a zoning district in which emergency shellers are a permitted use;and,establishes procedures for the development of transitional and supportive housing.The proposed project does not include any physical modifications or alterations of the existing land or structures and thus there will be no increase in demand for utilities or service systems as a result of the proposed amendment.As such,the proposed project would have no utilities or service systems impacts. Page 16 9-45 Environmental Checklist Case No.ZON2010·00183 December 17,2010 Less Than Significant Pote,ntially with Less Than Issues and Supporting ,Information Signi,ficant Mitigation Significant No Sources ,Sources Impact Incorporated Impact Impact 18.MANDATORY FINDINGS OF SIGNIFICANCE. a)Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a X plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of [he major periods of California history or prehistory? Comments:As described above,the proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures forthe development of transitional and supportive housing,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 amendment to the City's Development Code will not significantly degrade the quality of the environment;substantially reduce the habitat of a fish or wildlife species;cause a fish or wildlife popUlation to drop below self-sustaining levels;threaten to eliminate a plant or animal community;or reduce the number or restrict the range of a rare or endangered plant or animal.The proposed Code Amendment will not eliminate important examples of the major periods of California history or pre-history.Therefore,the effects of the proposed project upon the natural environment and cultural resources will be less than significant. b)Does the project have impacts that are individually limited,but cumulatively X considerable?4 Comments:The proposed project is a code amendment that creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and,establishes procedures for the development of transitional and supportive housing.The proposed project does not include any physical modifications or alterations of the existing land or structures,and the approval of the proposed project will not directly grant any entitlement to develop.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 impacts that are individually limited but cumulatively considerable. c)Does the project have environmental effects which wili cause substantial Xadverseeffectsonhumanbeings,either directly or indirectly? Comments:The proposed project results in the implementation of the City's Housing Element program,which creates reasonable accommodations procedures for individuals with disabilities;establishes standards for single-room occupancy facilities;identify a zoning district in which emergency shelters are a permitted use;and establishes procedures for the development of transitional and supportive housing.The Code Amendment creates an application process and allowances that would serve to implement the City's certified Housing Element and compliance with State Law.As discussed above,all of the potentiallv environmental effects of the proposed proiect are exoected to have no 4 "Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects,the effects of other current projects.and the effects of probable future projects. Page 17 9-46 Environmental Checklist Case No.ZON2010·00183 December 17,2010 Less Than Significant Potentially with Less Than Issues and Supporting Information Significant .Mitigation Significant No Sources S.ources Impact Incorporated Impact Impact Impacts.As such.the project does not have environmental effects that would cause substantial adverse effects on human beings,either directly or indirectly. 19.EARLIER ANALYSES. Earlier analysis may be used where,pursuant to the tiering.program EIR,or other CEQA process.one or more effects have been adequately analyzed in an earlier EIR or Negative Declara~on.Section 15063 (c)(3)(D).In this case a discussion should identify the following items: a)Earlier analysis used.Identify and state where they are available for review. Comments:Not applicable. b)Impacts adequately addressed.Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. Comments:Not applicable. c)Mitigation measures.For effects that are "Less than Significant with Mitigation Measures Incorporated,"describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions of the project. Comments:Not applicable. Authority:Public Resources Code Sec~ons 21083 and 21087. Reference:Public Resources Code Sections 21080 (c).21080.1,21080.3,21082,1,21083,21083.3,21093.321094, 21151;Sundstrom v.County of Mendocino.202 Cal.App.3d 296 (1988);Leonofffv.Monterey Board of Supervisors. 222 Cal.App.3d 1337 (1990). 20.SOURCE REFERENCES, 1 City of Rancho Palos Verdes.Rancho Palos Verdes General Plan.and associated Environmental Impact Report.Rancho Palos Verdes,California as amended through August 2001. 2 City of Rancho Palos Verdes Zoning Map 3 South Coast Air Quality Management District.CEQA AIR Quality Handbook.Diamond Bar,Califomia: November 1993 (as amended). 4 Official Maps of Seismic Hazard Zones provided by the Department of Conservation of the State of California,Division of Mines and GeoloQv 5 City of Rancho Palos Verdes Archeology Map. 6 City of Rancho Palos Verdes,Natural Communities Conservation Plan.Rancho Palos Verdes. California as adopted August 2004 7 Institute of Traffic Engineers,ITE Trip Generation,7 Edition. 8 City of Rancho Palos Verdes Geographic tnformation System (GIS)database and maps 9 State of California,Department of Forestry and Fire Protection,Very High Fire Hazard Severity Zone Maps.Sacramento,California,accessed via website,March 2008 10 Official Maps of Tsunami Inundation Areas provided by the Department of Emergency Management of the State of California and the California Geological Survey 11 City of Rancho Palos Verdes Municipal Code 12 Hazardous Waste and Substances Site List (I.e.,"Corlese List") 13 Cities of Rancho Palos Verdes and Rolling Hills Estates Joint Natural Hazards Mitigation Plan 14 City of Rancho Palos Verdes General Plan Housing Element Page 18 9-47 PC STAFF REPORT DATED JANUARY 25, 2011 9-48 CfTYOF RANCHO PALOS VERDES MEMORANDUM RECTOR CHAIRMAN &MEMBERS OF THE JOEL ROJAS,COMMUNITY DEVEL JANUARY 25,2011 CODE AMENDMENT TO IMPLEMENT CERTAIN PROGRAMS IDENTIFIED IN THE CITY'S 2008 HOUSING ELEMENT (Case No.ZON2010-00336)I Citywide (20 Staff Coordinator:Eduardo Schonborn,AICP,Senior Plan~ RECOMMENDATION: TO: FROM: DATE: SUBJECT: Staff recommends that the Planning Commission adopt P.C.Resolution No.2011-_, recommending that the City Council certify a Negative Declaration and adopt Ordinance No._'a Code Amendment revising Municipal Code Title 17 to a)establish reasonable accommodations procedures for individuals with disabilities,b)establish standards for single-room occupancy facilities,c)permit emergency shelters in the CG Zone by right,and d)allow for the development of transitional and supportive housing. BACKGROUND: The State of California requires every city and county to prepare and adopt a Housing Element as part of its General Plan.The State also requires that each local government periodically review and revise its Housing Element.This is the only element within the General Plan that a local jurisdiction must periodically update.In compliance with State Law,the City Council adopted a new Housing Element in June 2008,which was ultimately certified by the State Department of Housing and Community Development (HCD)on March 24,2010.The Housing Element covers the planning period between July 2006 and June 2014. State law requires that a city's Housing Element contain a program of action to accomplish the goals and objectives identified in its Housing Element.In order to adequately provide for the housing needs of all segments of the community,the actions described in the program shall: ClTYOF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: CHAIRMAN &MEMBERS OF THE JOEL ROJAS,COMMUNITY DEVEL JANUARY 25,2011 RECTOR SUBJECT:CODE AMENDMENT TO IMPLEMENT CERTAIN PROGRAMS IDENTIFIED IN THE CITY'S 2008 HOUSING ELEMENT (Case No.ZON2010-00336)I Citywide (20 Staff Coordinator:Eduardo Schonborn,AICP,Senior Plan~ RECOMMENDATION: Staff recommends that the Planning Commission adopt P.C.Resolution No.2011-_, recommending that the City Council certify a Negative Declaration and adopt Ordinance No._'a Code Amendment revising Municipal Code Title 17 to a)establish reasonable accommodations procedures for individuals with disabilities,b)establish standards for single-room occupancy facilities,c)permit emergency shelters in the CG Zone by right,and d)allow for the development of transitional and supportive housing. BACKGROUND: The State of California requires every city and county to prepare and adopt a Housing Element as part of its General Plan.The State also requires that each local government periodically review and revise its Housing Element.This is the only element within the General Plan that a local jurisdiction must periodically update.In compliance with State Law,the City Council adopted a new Housing Element in June 2008,which was ultimately certified by the State Department of Housing and Community Development (HCD)on March 24,2010.The Housing Element covers the planning period between July 2006 and June 2014. State law requires that a city's Housing Element contain a program of action to accomplish the goals and objectives identified in its Housing Element.In order to adequately provide for the housing needs of all segments of the community,the actions described in the program shall: 9-49 Case No.ZON2010-00336 Code Amendment -Reasonable Accommodations,et.al. January 25,2011 •Assist in the development of adequate housing to meet the needs of lower-income households; •Address and,where appropriate and legally possible,remove governmental constraints to the maintenance,improvement,and development of housing; •Conserve and improve the condition of the existing affordable housing stock; •Promote housing opportunities for all persons regardless of race,religion,sex, marital status,ancestry,national origin,or color;and, •Preserve for lower income households the assisted housing developments at risk of conversion to market rate housing. The City's Housing Element identifies 14 specific programs to accomplish the above-stated objectives (see attached Chart 4-2,excerpt of Housing Element).Included in these programs are certain Development Code amendments to achieve the goal of providing a variety of housing types in order to implement new Housing Element requirements. According to Section 17.68 of the Rancho Palos Verdes Municipal Code (RPVMC),any proposed Code Amendments must be initiated by the City Council.Therefore,on October 19,2010,a proposal to initiate a series of Code Amendments identified in the City's certified Housing Element was presented to the City Council.The City Council unanimously initiated the proposed Code Amendments.Pursuantto Section 17.68,a City- initiated Code Amendment shall be referred to the Planning Commission for its review. Thus,Staff requests that the Planning Commission review the proposed Code Amendment language in the attached Draft Ordinance and forward a recommendation to the City Council for its consideration. ENVIRONMENTAL ASSESSMENT In accordance with the provisions of the California Environmental Quality Act (CEQA),a Negative Declaration has been prepared for this project.The Initial Study/Negative Declaration was distributed for public comment for a period of 30 days (December 20, 2010 through January 25,2010)to the State Clearinghouse and County of Los Angeles,as well as notice published in the Peninsula News.No comments were received during the comment period. DISCUSSION The City's 2008 Housing Element identifies certain actions the City will take during the Housing Element "planning period"to promote and provide a mixture of housing types, promote housing for different income categories,and to reduce constraints that may hinder housing opportunities for individuals with disabilities.Some of the actions include Code Amendments to create certain procedures and allow certain uses that were identified in the City's Housing Element.As explained in more detail below,the proposed Code Case No.ZON2010-00336 Code Amendment -Reasonable Accommodations,et.al. January 25,2011 •Assist in the development of adequate housing to meet the needs of lower-income households; •Address and,where appropriate and legally possible,remove governmental constraints to the maintenance,improvement,and development of housing; •Conserve and improve the condition of the existing affordable housing stock; •Promote housing opportunities for all persons regardless of race,religion,sex, marital status,ancestry,national origin,or color;and, •Preserve for lower income households the assisted housing developments at risk of conversion to market rate housing. The City's Housing Element identifies 14 specific programs to accomplish the above-stated objectives (see attached Chart 4-2,excerpt of Housing Element).Included in these programs are certain Development Code amendments to achieve the goal of providing a variety of housing types in order to implement new Housing Element requirements. According to Section 17.68 of the Rancho Palos Verdes Municipal Code (RPVMC),any proposed Code Amendments must be initiated by the City Council.Therefore,on October 19,2010,a proposal to initiate a series of Code Amendments identified in the City's certified Housing Element was presented to the City Council.The City Council unanimously initiated the proposed Code Amendments.Pursuanlto Section 17.68,a City- initiated Code Amendment shall be referred to the Planning Commission for its review. Thus,Staff requests that the Planning Commission review the proposed Code Amendment language in the attached Draft Ordinance and forward a recommendation to the City Council for its consideration. ENVIRONMENTAL ASSESSMENT In accordance with the provisions of the California Environmental Quality Act (CEQA),a Negative Declaration has been prepared for this project.The Initial Study/Negative Declaration was distributed for public comment for a period of 30 days (December 20, 2010 through January 25,2010)to the State Clearinghouse and County of Los Angeles,as well as notice published in the Peninsula News.No comments were received during the comment period. DISCUSSION The City's 2008 Housing Element identifies certain actions the City will take during the Housing Element "planning period"to promote and provide a mixture of housing types, promote housing for different income categories,and to reduce constraints that may hinder housing opportunities for individuals with disabilities.Some of the actions include Code Amendments to create certain procedures and allow certain uses that were identified in the City's Housing Element.As explained in more detail below,the proposed Code 9-50 Case No.ZON2010-00336 Code Amendment -Reasonable Accommodations,et.al. January 25,2011 Amendment before the Planning Commission this evening seeks to accomplish the following: 1)Establishes reasonable accommodations procedures by which individuals with disabilities and their representatives may request deviations from the City's Development Code; 2)Defines emergency shelters and identifies a zoning district in which emergency shelters are a permitted use; 3)Defines single-room occupancy facilities,establishes standards for single-room occupancy facilities,and identifies a zoning district in which such facilities are permitted with a conditional use permit;and 4)Defines transitional and supportive housing in a manner consistent with state law and identifies zones in which transitional and supportive housing may be developed with a conditional use permit. The following provides a discussion of each specific Code Amendment: REASONABLE ACCOMMODATIONS: As required by State Law,the proposed Code Amendment develops a "Reasonable Accommodations"procedure ("RA Procedure")to provide individuals with disabilities and their representatives a process by which they may request deviations from the City's Development Code requirements.In accordance with state and federal law,the RA Procedure allows the City to approve 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 housing of their choice. The proposed amendment creates a new section in the City's Development Code (Section 17.67)to establish the RA Procedure.Under the RA Procedure,an individual with a disability or his representative may request a deviation from the City's development standards,or other land use policies,regulations or practices.A reasonable accommodation approved pursuant to the RA Procedure should be considered a personal accommodation for the disabled individual and does not run with the land. The proposed RA Procedure requires documentation of the disability to accompany the application;establishes a set of possible conditions of approval;establishes notice of decision procedures;and establishes an appeal process.Staff believes that the RA Procedure,as reviewed and approved by the City Attorney,is consistent with the direction provided by Federal agencies and the California Attorney General's Office. At this time,Staff is not suggesting that a fee be charged to apply for a Reasonable Accommodations request.Although this creates a new procedure and application that will Case No.ZON2010-00336 Code Amendment -Reasonable Accommodations,et.al. January 25,2011 Amendment before the Planning Commission this evening seeks to accomplish the following: 1)Establishes reasonable accommodations procedures by which individuals with disabilities and their representatives may request deviations from the City's Development Code; 2)Defines emergency shelters and identifies a zoning district in which emergency shelters are a permitted use; 3)Defines single-room occupancy facilities,establishes standards for single-room occupancy facilities,and identifies a zoning district in which such facilities are permitted with a conditional use permit;and 4)Defines transitional and supportive housing in a manner consistent with state law and identifies zones in which transitional and supportive housing may be developed with a conditional use permit. The following provides a discussion of each specific Code Amendment: REASONABLE ACCOMMODATIONS: As required by State Law,the proposed Code Amendment develops a "Reasonable Accommodations"procedure ("RA Procedure")to provide individuals with disabilities and their representatives a process by which they may request deviations from the City's Development Code requirements.In accordance with state and federal law,the RA Procedure allows the City to approve 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 housing of their choice. The proposed amendment creates a new section in the City's Development Code (Section 17.67)to establish the RA Procedure.Under the RA Procedure,an individual with a disability or his representative may request a deviation from the City's development standards,or other land use policies,regulations or practices.A reasonable accommodation approved pursuant to the RA Procedure should be considered a personal accommodation for the disabled individual and does not run with the land. The proposed RA Procedure requires documentation of the disability to accompany the application;establishes a set of possible conditions of approval;establishes notice of decision procedures;and establishes an appeal process.Staff believes that the RA Procedure,as reviewed and approved by the City Attorney,is consistent with the direction provided by Federal agencies and the California Attorney General's Office. At this time,Staff is not suggesting that a fee be charged to apply for a Reasonable Accommodations request.Although this creates a new procedure and application that will 9-51 Case No.ZON2010-00336 Code Amendment -Reasonable Accommodations,et.al. January 25,2011 consume Staff time,given the purpose of the Reasonable Accommodations process,which is to alleviate governmental constraints,a fee could be considered an additional hurdle to a disabled person's access to housing.Further,it would be difficult to determine an appropriate fee at this point since such fees can only cover the cost of the application process.Finally,it is unknown how many of these applications the City will actually receive.Thus,Staff does not recommend that a fee be charged until an application is received so that Sta~can determine the cost to the City of processing the applications based upon the amount of Staff time necessary to process such requests.As such,the City can consider adopting a fee at a later time once we have more information. EMERGENCY SHELTERS: The proposed Code Amendment defines "emergency shelters"and identifies a zoning district in which emergency shelters are a permitted use.This portion of the Code Amendment complies with Senate Bill 2 ("SB2"),adopted in 2007 and codified in Government Code Section 65583(a)(4)(A),which requires cities to allow emergency shelters to be located in at least one zone as a permitted use. The proposed Code Amendment modifies Section 17.20.020 (Commercial General District) of the Development Code to allow emergency shelters as a permitted use in the CG zoning district.Staff selected the CG zone for emergency shelters because hotels are already conditionally permitted in this zone,and the CG zone provides access to mass transit and a wide array of uses,activities and services along the Western Avenue corridor. SINGLE-ROOM OCCUPANCY FACILITIES: The Code Amendment proposes that Single-Room Occupancy ("SRO")facilities be a conditionally permitted use in the Commercial General Zoning District.SROs typically provide residents with a single bedroom and access to amenities such as kitchens and bathrooms in a communal setting.The proposed Code Amendment develops standards for the development and operation of such facilities,and requires that applicants obtain a conditional use permit for such a development from the Planning Commission.As stated above,Staff selected the CG zone for the location of SROs because hotels are already conditionally permitted in this zone,and the CG zone provides access to mass transit and a wide array of uses,activities and services along the Western Avenue corridor. TRANSITIONAL AND SUPPORTIVE HOUSING: Lastly,the proposed Code Amendment defines both Transitional Housing and Supportive Housing.In order to ensure that these residential uses will be compatible with the surrounding areas,the proposed Code Amendment identifies transitional and supportive housing as conditionally permitted uses in Single-Family and Multiple-Family Residential Zoning Districts. Case No.ZON2010-00336 Code Amendment -Reasonable Accommodations,et.al. January 25,2011 consume Staff time,given the purpose of the Reasonable Accommodations process,which is to alleviate governmental constraints,a fee could be considered an additional hurdle to a disabled person's access to housing.Further,it would be difficult to determine an appropriate fee at this point since such fees can only cover the cost of the application process.Finally,it is unknown how many of these applications the City will actually receive.Thus,Staff does not recommend that a fee be charged until an application is received so that Sta~can determine the cost to the City of processing the applications based upon the amount of Staff time necessary to process such requests.As such,the City can consider adopting a fee at a later time once we have more information. EMERGENCY SHELTERS: The proposed Code Amendment defines "emergency shelters"and identifies a zoning district in which emergency shelters are a permitted use.This portion of the Code Amendment complies with Senate Bill 2 ("SB2"),adopted in 2007 and codified in Government Code Section 65583(a)(4)(A),which requires cities to allow emergency shelters to be located in at least one zone as a permitted use. The proposed Code Amendment modifies Section 17.20.020 (Commercial General District) of the Development Code to allow emergency shelters as a permitted use in the CG zoning district.Staff selected the CG zone for emergency shelters because hotels are already conditionally permitted in this zone,and the CG zone provides access to mass transit and a wide array of uses,activities and services along the Western Avenue corridor. SINGLE-ROOM OCCUPANCY FACILITIES: The Code Amendment proposes that Single-Room Occupancy ("SRO")facilities be a conditionally permitted use in the Commercial General Zoning District.SROs typically provide residents with a single bedroom and access to amenities such as kitchens and bathrooms in a communal setting.The proposed Code Amendment develops standards for the development and operation of such facilities,and requires that applicants obtain a conditional use permit for such a development from the Planning Commission.As stated above,Staff selected the CG zone for the location of SROs because hotels are already conditionally permitted in this zone,and the CG zone provides access to mass transit and a wide array of uses,activities and services along the Western Avenue corridor. TRANSITIONAL AND SUPPORTIVE HOUSING: Lastly,the proposed Code Amendment defines both Transitional Housing and Supportive Housing.In order to ensure that these residential uses will be compatible with the surrounding areas,the proposed Code Amendment identifies transitional and supportive housing as conditionally permitted uses in Single-Family and Multiple-Family Residential Zoning Districts. 9-52 Case No.ZON201 0-00336 Code Amendment -Reasonable Accommodations,et.al. January 25,2011 Attached to this report is a draft of the proposed ordinance that identifies the recommended changes and additions to the City's Development Code,under Title 17 (strikethrough for text removed,and underlined for text added). CONCLUSION Staff believes that the proposed Code Amendment,as reviewed and approved by the City Attorney,is consistent with State and Federal Laws,with the California Attorney General's Office directives,and is consistent with the policies and programs established in the City's certified Housing element.Thus,based upon the foregoing discussion,Staff recommends that the Commission recommend that the City Council certify a Negative Declaration for the project and approve a Code Amendment that establishes reasonable accommodations procedures for individual with disabilities;establishes standards for single-room occupancy facilities;identifies the CG Zoning District in which emergency shelters would be a permitted use;and, establishes procedures for the development of transitional and supportive housing. ALTERNATIVES The following alternative is available for the Planning Commission's consideration in addition to Staff's recommendation: 1.Identify any issues of concern with the proposed amendments,and direct Staff to modify the proposed amendments for consideration by the City Council. ATTACHMENTS: •PC Resolution No.2011-_,recommending Council adoption of a Negative Declaration and Code Amendment •Draft Ordinance No. Case No.ZON201 0-00336 Code Amendment -Reasonable Accommodations,et.al. January 25,2011 Attached to this report is a draft of the proposed ordinance that identifies the recommended changes and additions to the City's Development Code,under Title 17 (strikethrough for text removed,and underlined for text added). CONCLUSION Staff believes that the proposed Code Amendment,as reviewed and approved by the City Attorney,is consistent with State and Federal Laws,with the California Attorney General's Office directives,and is consistent with the policies and programs established in the City's certified Housing element.Thus,based upon the foregoing discussion,Staff recommends that the Commission recommend that the City Council certify a Negative Declaration for the project and approve a Code Amendment that establishes reasonable accommodations procedures for individual with disabilities;establishes standards for single-room occupancy facilities;identifies the CG Zoning District in which emergency shelters would be a permitted use;and, establishes procedures for the development of transitional and supportive housing. ALTERNATIVES The following alternative is available for the Planning Commission's consideration in addition to Staff's recommendation: 1.Identify any issues of concern with the proposed amendments,and direct Staff to modify the proposed amendments for consideration by the City Council. ATTACHMENTS: •PC Resolution No.2011-_,recommending Council adoption of a Negative Declaration and Code Amendment •Draft Ordinance No. 9-53 EXCERPT MINUTES OF JANUARY 25, 2011 PLANNING COMMISSION MEETING 9-54 being obstructed.They also understood that the view being obstructed was from their pool area and master bathroom,which are not considered primary viewing areas. Commissioner Leon asked if staff was requiring the applicants to eliminate all access from the front yard to the rear yard,eliminating all of the existing pathways. Assistant Planner Kim stated that was correct. Commissioner Emenhiser asked staff if there was unpermitted construction on the applicant's property. Assistant Planner Kim clarified that there was no unpermitted building construction,but rather there are planters,walkways,garden walls,and patio areas that are unpermitted. She explained that in this tract any alterations to the existing slope are considered lot coverage. Chairman Tomblin opened the public hearing.There being no speakers,he then closed the public hearing. Vice Chairman Tetreault moved to approve the project as recommended by staff, with the amended language to condition No.19 that the total lot coverage shall not exceed 33 percent,seconded by Commissioner Knight.The motion was approved,(6-1)with Commissioner Emenhiser dissenting,and PC Resolution 2011-04 was adopted. 4.Code amendment for reasonable accommodations,et.,at.(Case No. ZON2010-00336) Senior Planner Schonborn presented the staff report,giving a brief background and how this code amendment stems from the adopted Housing Element.The proposed code amendment identifies emergency shelters,transitional housing,supportive housing,and single room occupancy facilities and allowing for these types of uses in specified zones. He also explained the proposed reasonable accommodations procedures,the genesis of which stems from recommendations from the State Attorney General's office.He noted that reasonable accommodations requests run with the person and not the property.He stated that staff was recommending the Planning Commission review the proposed code amendment and make a recommendation that the City Council adopt an Ordinance for a code amendment revision Municipal Code Title 17. Commissioner Gerstner asked staff to explain what types of requests or deviations might be likely with this code amendment in place. Director Rojas explained there may be requests for wheelchair ramps or railings that may exceed structure heights in the setbacks or lot coverage requirements,and this would give them the ability to go through the process for reasonable accommodations as opposed to the Variance process. Planning Commission Minules January 25,2011 Page 4 9-55 Commissioner Gerstner questioned what a reasonable accommodation would be, noting there is a point where there is life safety or access accommodation as opposed to a life style accommodation. City Attorney Lynch answered that it is very difficult to draw a line and that it will be a determination made by the City as to what is reasonable. In regards to single room occupancy facilities,Commissioner Lewis asked if someone would be allowed to build and operate such a facility under the current zoning laws. Senior Planner Schonborn answered that there currently are no standards for such a facility. Commissioner Lewis asked if a Conditional Use Permit would be required for anyone proposing to run a Single Room Occupancy facility or Transitional or Supportive Housing facility. Senior Planner Schonborn answered that a Conditional Use Permit would be required for such a use. Vice Chairman Tetreault asked if someone targets a home they want and they require reasonable accommodations,however there are other like properties available to them that may not require the reasonable accommodations,would the City be required to do the reasonable accommodations. City Attorney Lynch answered that the City would have to consider the reasonable accommodations request. Vice Chairman Tetreault noted that the focus seems to be on Western Avenue as the place where a majority of this can be done,and asked if there had been any public outreach or communication to that community to gain input or reaction to putting much of the implementation of this program in their neighborhood. Senior Planner Schonborn stated there had not.He explained that staff specifically targeted Western Avenue as the commercial corridor because of its functionality,transit opportunities,and additional services that are offered within the immediate area. Commissioner Lewis asked where the CG zones are in the City. Senior Planner Schonborn answered that only Western Avenue is zoned CG. Commissioner Knight noted that a reasonable accommodation approval does not run with the land,however there is a covenant recorded against the land when the approval is given,which does run with the land.He asked staff for clarification. Planning Commission Minutes January 25.2011 Page 5 9-56 City Attorney Lynch explained that the covenant runs with the land but the accommodation can be removed if the person leaves the property. Commissioner Gerstner asked if the City can require the accommodation be removed when the person needing the accommodation leaves the property. City Attorney Lynch stated that is what the State is suggesting. Commissioner Gerstner asked what mechanism gets the covenant removed from the property once the person needing the accommodation no longer lives at the property. He felt that over the years the City could approve these special accommodations and there will be no mechanism to make them go away when they are no longer needed. Senior Planner Schon born explained that removal will be captured in the conditions of the covenant.When property is transferred and a title search is done the covenant and its conditions will be revealed. Commissioner Gerstner felt that people who need special accommodations should be accommodated,however he didn't think the changes that are outside of the Code made to the residence should stay there just because they were once put there for someone. He used an example of an eight foot fence that was erected as a special accommodation and the family sells the house and moves.He asked what mechanism would be in place to make sure that eight foot fence is then lowered or removed. City Attorney Lynch answered that the City most likely wouldn't have any mechanism in place unless the subsequent owner came to the City to request some other approval for the property.She felt it would be reasonable to require in the covenant that the homeowners notify the City if the accommodation is no longer needed or if they sell the house. Commissioner Leon asked if there was anything in the city's Housing Element that is in excess of the State requirements. Director Rojas answered that the elements in the Housing Element are only the items needed to meet the States requirements for approval. Chairman Tomblin opened the public hearing,and there being no speakers,closed the public hearing. Commissioner Emenhiser moved to approve staff recommendations,seconded by Commissioner Gerstner. Commissioner Lewis stated he would vote in favor of the motion,however he noted that he is concerned with SROs,noting that the development standards set forth on page 17 of the staff report are not enough.Therefore his vote in favor of the motion is with the idea that a Conditional Use Permit will be required for SROs and that the Conditional Planning Commission Minules January 25,2011 Page 6 9-57 Use Permit will impose additional conditions of approval unique to any given application or project. The motion to approve staff's recommendations,thereby adopting PC Resolution 2011-05 recommending that the City Council certify a Negative Declaration and that the City Council adopt an Ordinance for a code amendment revising Municipal Code Title 17 was approved,(7-0). NEW BUSINESS 5.Proposed clean up amendments to the Planning Commission's Rules and Procedures Director Rojas presented the staff report,explaining the base document being used is the 2007 version of the Rules and Procedures,noting that staff looked at the document and,in terms of updates,there were only minor clerical changes.He reminded the Commission that Commissioner Knight had requested this item to come before the Commission to clarify when Commissioners abstain from a vote and when they are recused from a vote. Commissioner Knight stated that he agreed with the wording suggested by staff,but felt that Section 1.2 of the quorum might need some clarification in the wording.He thought the word "eligible"should be added when discussing the four members of the Commission needed to make a quorum. The Director agreed. City Attorney Lynch stated a new Resolution will be brought back at the next meeting for the Planning Commission's approval. 6.Discussion of the "Removal of foliage as condition of permit issuance" requirement of the Development Code Director Rojas stated that this item is before the Commission at the request of Commissioner Leon.He explained that there had been discussion concerning the way the City has been doing foliage analysis since Prop M was adopted,noting that there was a question in regards to the Commission's limits in regards to Prop M.He stated there are certain amendments can be made to Prop M without having to go back to the voters,and the City Attorney is available to articulate her opinion. City Attorney Lynch explained that there is no section in the code that provides a set restriction in regards to requiring only certain specified homes to have their view analyzed that would be a constraint on the provisions of Prop M that would require voter approval. Planning Commission Minutes January 25,2011 Page 7 9-58