RPVCCA_SR_2010_10_19_06_Code_amendment_Housing_elementCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,COMMUNITY D~~~MENT DIRECTOR
OCTOBER 19,2010 U ~
CODE AMENDMENT INITIATION FOR CERTAIN
PROGRAMS IDENTIFIED IN THE CITY'S 2008 HOUSING
ELEMENT (Case No.ZON2010-00336)
CAROLYN LEHR,CITY MANAGE~
Eduardo Schonborn,AICP,Senior Plann~
RECOMMENDATION
Direct Staff to proceed with a Code Amendment to implement certain programs identified in
the City's 2008 Housing Element,which include creating a "Reasonable Accommodations"
procedure that would remove constraints to the development/improvement of housing for
individuals with disabilities,and identifying a zoning district where emergency homeless
shelters would be allowed as a permitted use.
BACKGROUND
The State of California requires every city and county to prepare and adopt a Housing
Element as part of a city or county's 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 adopted its Housing Element in June 2008,and after coordinating
with State Department of Housing and Community Development (HCD)Staff,the Final
Housing Element was certified by HCD earlier this year.The Housing Element covers the
planning period ending in June 2014.
According to State Law,the Housing Element is required to develop programs to
accommodate the City's share of the regional housing need.Such programs must:
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Case No.ZON201 0-00336
Code Amendment Initiation
October 19,2010
•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 implements these program categories through the 14 specific programs identified
in the Housing Element (see attached Chart 4-2,excerpt of Housing Element).For
example,Program No.5 is currently being implemented as evident by the current
construction of the Mirandela complex at the corner of Crestridge and Crenshaw.This
project includes 34 new rental housing units to accommodate the RHNA need for
extremely low-,very low-,low-and moderate-income housing units.
The Housing Element also calls for a Development Code Amendment Program,which is to
achieve the goal of providing a variety of housing types in order to implement new Housing
Element requirements.In particular,this Program includes development and adoption of a
"Reasonable Accommodations"provision within the City's Development Code.The intent
is to remove constraints to the development of housing,or improvements to existing
housing,for individuals with disabilities.Further,to satisfy all the requirements of S8 2,
which requires designation of at least one zone that allows emergency shelters by right,the
Code Amendment Program calls for defining emergency homeless shelters and specifying
one zone where such shelters would be permitted without a discretionary process.
Pursuant to Municipal Code Section 17.68.030.8,"an amendment to any part of this title
[the City's Development Code]...may be initiated by the Director and/or planning
commission,upon petition to the City Council.The City Council shall review the petition to
determine if the requested amendment and/or change is necessary or desirable."While
Staff believes that the Council indirectly initiated these code amendments through adoption
of the Housing Element,to be sure that the Council is aware of these specific code
amendments,Staff is seeking formal Initiation ofthese two necessary code amendments.
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.As such,this item is before the City
Council because Staff is seeking Council direction to initiate a Code Amendment to Title 17
of the City's Municipal Code,to create certain procedures and allow certain uses that were
identified in the City's Housing Element.
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Case No.ZON201 0-00336
Code Amendment Initiation
October 19,2010
Specifically,as required by State Law,Staff intends to move forward with developing a
"Reasonable Accommodations"procedure to provide individuals with disabilities a process
for which they may request deviations from the City's Development Code requirements.
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.
Further,Staff intends to move forward with incorporating a definition for emergency
shelters for the homeless,and specify 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.
Upon directing Staff to pursue Code Amendments to provide for a reasonable
accommodations procedure and for siting emergency shelters,Staff will develop a draft
ordinance,which will be forwarded to the Planning Commission for its review and
consideration at a public hearing.The Planning Commission will make a formal
recommendation on the proposed Code Amendments,which will then be forwarded to the
City Council for adoption at a noticed public hearing.Thus,the City Council will have the
opportunity to review and decide on the final Ordinance.
FISCAL IMPACT
The cost of processing the Code Amendments will be borne by the City's General Fund.
ALTERNATIVES
In addition to Staff's recommendation,the following alternative is available for the City
Council's consideration:
1.Receive and file this report,and direct Staff to take no action at this time regarding a
Code Amendment regarding a Reasonable Accommodations Procedure and
emergency shelters for the homeless;however,please note that this would not be
consistent with the City's certified Housing Element.
Attachments:
•Chart 4-2,excerpt of Housing Element
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SECTION 4
CHART 4-2
CITY OF RANCHO PALOS VERDES
HOUSING PROGRAM SUMMARY
HOUSING PROGRAMS
Programs Responsible Quantified Time Funding Source
Agency Objective Schedule
1.Land Use Planning,Building &60+housing 2006-2014 General Fund for
Element/Specific Plans Code Enforcement units Dept.staff
Program
2.Development Code Planning,Building &Amendments June 30,General Fund for
Amendment Program Code Enforcement Adopted 2010 Dept.staff
3.Western Avenue Planning,Building &Updates June 30,General Fund for
Specific Plan Update Code Enforcement Adopted 2011 Dept.Staff
4.Section 8 Rental Housing Authority of 4 housing 2008-2014 Housing
Assistance Program Los Angeles County units for Authority
lower income Funds
5.Crestridge Senior Redevelopment 34 units for 2008-2014 Housing Set-
Affordable Housing Agency lower Aside and
Program income In Lieu Fees
households
6.Moderate Income Planning,Building &11 units for 2006-2014 General Fund for
Second Unit Program Code Enforcement moderate-Dept.staff
income
households
7.Conversion of Existing Redevelopment 2 moderate June 30,Redevelopment
Housing Agency and the City income units 2009 Agency
to Affordable Housing 1 low income Housing Set-
unit Aside Funds &In
Lieu Fees
8.Reasonable Planning,Building &Adopted June 30,General Fund for
Accommodation Code Enforcement Procedure 2010 Dept.staff
Procedure
9.Licensed Residential Planning,Building &Adopted June 30,General Fund for
Care Development Code Code Enforcement Revisions 2010 Dept.staff
Revision Program
10.Density Bonus Planning,Building &Adopted In Progress General Fund for
Ordinance Program Code Enforcement Ordinance Dept.staff
11.Housing Code Planning,Building &10 new 2008-2014 General Fund for
Enforcement Program Code Enforcement cases per Dept.staff
month
12.Housing Public Works Dept.40 housing 2008-2014 CDBG Funds
Improvement Program units
13.Fair Housing Fair Housing 65 clients 2008-2014 CDBG Funds
Services Program Foundation
14.Fair Housing Planning,Building &Information 2008-2014 General Fund for
Information Program Code Enforcement Distributed Dept.staff
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