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PC RES 2024-015 P.C. RESOLUTION NO. 2024-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL: (1) DETERMINE THE HOUSING ELEMENT PROJECT WAS ADEQUATELY ASSESSED IN THE PREVIOUSLY ADOPTED NEGATIVE DECLARATION AND ADDENDUM NO. 1 FOR THE 2021- 2029 HOUSING ELEMENT AND ASSOCIATED HOUSING PROGRAMS; (2) RE-ADOPT ZONE CHANGES, ZONING MAP AMENDMENTS, AND CODE AMENDMENTS TO EFFECTUATE THE REVISED FINAL 2021-2029 HOUSING ELEMENT AS WERE ADOPTED IN URGENCY ORDINANCE NO. 678U, WITH REVISIONS REQUESTED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; AND (3) RE-ADOPT UPDATED DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH STATE HOUSING LAW, AS WERE ADOPTED IN URGENCY ORDINANCE NO. 678U, WITH REVISIONS FOR COMPLETENESS WHEREAS, the City of Rancho Palos Verdes is required by State Housing law to update the Housing Element of its General Plan for the next planning period covering 2021-2029 (6th Cycle) to include policies, strategies, and actions to facilitate the construction of new housing and preservation of existing housing to meet the needs of the City's population during the 6th Cycle period, as well as to accommodate the City's Regional Housing Needs Assessment (RHNA) allocation for new housing units in various income categories throughout the City; and WHEREAS, on August 24, 2021, the City Council and the Planning Commission conducted a joint-study session as part of an extensive community engagement process, which also included on-line surveying, messaging, stakeholder interviews and workshops to collect public comments on the drafting of the 2021-2029 Housing Element Update; and WHEREAS, on October 12, 2021, the Planning Commission held a duly noticed public hearing to hear public testimony, reviewed and commented on the Draft Housing Element, which was forwarded to the City Council for consideration; and WHEREAS, on October 19, 2021, the City Council held a duly noticed public hearing to hear public testimony and to review and comment on the Draft Housing Element. The City Council directed City staff to make minor modifications and forward the revised Draft Housing Element to the California Department of Housing and Community Development (HCD) for review; and WHEREAS, on November 19, 2021, the Draft Housing Element was transmitted to HCD for review and comment; and P.C. Resolution No. 2024-15 Page 1 of 7 WHEREAS, on January 18, 2022, HCD provided written comments to the City on the Draft Housing Element; and WHEREAS, the Initial Study and Negative Declaration was prepared and distributed for circulation and review from January 13, 2022 through February 14, 2022; and WHEREAS, on May 17, 2022, HCD staff visited the City of Rancho Palos Verdes, which included a tour of the City to better understand site constraints and challenges facing the City in the identification of new housing sites; and WHEREAS, on July 26, 2022, a public notice was published in the Daily Breeze informing the public of the City Council's consideration to adopt a Negative Declaration and approve a General Plan Amendment for the City's 2021-2029 Final Draft Housing Element Update; and WHEREAS, on August 9, 2022, the Planning Commission conducted a public hearing to consider adopting a resolution forwarding recommendations to the City Council to consider adopting a Negative Declaration and approving a General Plan Amendment for the City's 2021- 2029 Final Draft Housing Element Update; and WHEREAS, after issuing notice pursuant to the requirements of the City's Zoning Code and the State CEQA Guidelines, the City Council of the City of Rancho Palos Verdes held a public hearing on August 11, 2022, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, the City Council adopted the Negative Declaration and the 2021-2029 Draft Housing Element Update on August 11, 2022 and City staff submitted the documents to HCD; and WHEREAS, on October 14, 2022 HCD issued a letter to the City acknowledging receipt if the 2021-2029 Draft Housing Element Update on August 30, 2022 and reporting the results of HCD's review, noting that the adopted element addresses many statutory requirements described in HCD's prior review, but that revisions were necessary to comply with the State Housing Element Law; and WHEREAS, between October 14, 2022 and September 14, 2023 the City coordinated with HCD through an informal review process to revise the Housing Element for compliance with State Housing Element Law, leading the City to prepare a comprehensive site by site analysis prepared by its consultant Dudek that provided details and justification for each site's feasibility as a housing site; and WHEREAS, on September 14, 2023 the City submitted for informal review a 2021-2029 Revised Draft Housing Element Update; and P.C. Resolution No 2024-15 Page 2 of 7 WHEREAS, on November 17, 2023 City staff and HCD staff discussed the revisions and the City explained the comprehensive site by site analysis; and WHEREAS, on November 30, 2023 HCD confirmed the list of concerns that were discussed on November 17, 2023; and WHEREAS, on December 15, 2023 City staff and HCD staff discussed the City's responses to the November 30, 2023 list of concerns and HCD had to still review the comprehensive site by site analysis; and WHEREAS, on January 25, 2024 City staff and HCD staff discussed the City's responses and HCD's November 30, 2023 list of concerns, and HCD staff recommended the City submit the revised document for formal review; and WHEREAS, on February 7, 2024, following the required posting and noticing period, the City submitted to HCD for formal review the Revised Final 2021-2029 Housing Element dated January 30, 2024, both electronically and hard copy; and WHEREAS, on March 11, 2024 City staff and HCD staff discussed the formal review and HCD provided final revisions to be made; and WHEREAS, on March 14, 2024 City staff submitted the final revisions and HCD staff confirmed that there were no additional comments and provided instructions to post the revisions on the City's website and email the link to all individuals and organizations that have previously requested notices relating to the City's housing element for at least 7 days, and then officially submit the revisions as part of the formal review; and WHEREAS, on March 15, 2024 City staff posted the final revisions on the City's website and emailed the link to all individuals and organizations that had previously requested notices; and WHEREAS, on March 22, 2024, seven days following the posting and emailing of the revised document, City staff submitted the Revised Final 2021-2029 Housing Element as revised March 15, 2024 to HCD staff to complete the formal review; and WHEREAS, to effectuate the Housing Element by implementing zoning revisions that will accommodate the capacity for the housing as proposed in the Housing Element Update to meet the City's RHNA obligation, City staff prepared amendments to the General Plan Land Use Element, Local Coastal Program (Coastal Specific Plan), Zoning Code, Zoning Map, and Development Standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and WHEREAS, on March 26, 2024, the Planning Commission conducted a duly noticed public hearing to consider adopting a resolution forwarding recommendations to the City Council P.C. Resolution No 2024-15 Page 3 of 7 to consider making a determination the Negative Declaration, as amended by Addendum No. 1, adequately assessed the reasonably foreseeable environmental impacts from the adoption and implementation of the revised Housing Element approving a General Plan Amendment for the City's Revised Final 2021-2029 Housing Element, a General Plan Amendment for the Land Use Element, a Local Coastal Plan (Coastal Specific Plan) Amendment, and zoning amendments inclusive of Zoning Map amendments and amendments to the development standards for ADUs and JADUs, to effectuate the Housing Element, including additional recommendations in the resolution for City Council to consider; and WHEREAS, on March 21, 2024 a public notice was published in the Palos Verdes Peninsula News informing the public of a public hearing before the City Council on April 16, 2024, for its consideration to adopt an addendum to the Negative Declaration and approve a General Plan Amendment for the City's Revised Final 2021-2029 Housing Element, a General Plan Amendment for the Land Use Element, a Local Coastal Plan (Coastal Specific Plan Amendment), and zoning amendments inclusive of Zoning Map amendments and development standards for ADUs and JADUs, to effectuate the Housing Element; and WHEREAS, Addendum No. 1 to the adopted Negative Declaration was prepared to address revisions to the Housing Element document to reflect HCD requested revisions and evaluate the potential environmental effects that could occur as a result of the revisions and Housing Program implementation measures, including, but not limited to the related General Plan Land Use Element, the Coastal Specific Plan, and the zoning implementing of the Housing Element; and WHEREAS, on April 16, 2024 the City Council held a public hearing to consider the recommendations of the Planning Commission, and determined that the Negative Declaration adopted on August 11, 2022, as amended by Addendum No. 1, adequately analyzed the impacts from the adoption and implementation of the Revise Final 2021-2029 Housing Element; and WHEREAS, on April 16, 2024, following the public hearing, City Council adopted Resolution 2024-16 approving a General Plan Amendment for the City's Revised Final 2021- 2029 Housing Element, a General Plan Amendment for the Land Use Element and Land Use Map, a Local Coastal Plan (Coastal Specific Plan) Amendment; and WHEREAS, State Housing Element Law requires that a Housing Element identify adequate sites, and as necessary redesignation of property to a more intense land use category and increasing density, to allow for the capacity of the City's obligation of the Regional Housing Needs Assessment; and WHEREAS, according to Senate Bill 197 (2022), a 6th Cycle Housing Element adopted after the October 15, 2022 extended deadline will not be found in compliance with State Housing Element Law until all necessary rezones are complete to accommodate the City's regional housing needs allocation; and P.C. Resolution No. 2024-15 Page 4 of 7 WHEREAS, the City Council sought to effectuate the City's 6th Cycle 2021-2029 Housing Element immediately, to address the City's obligations to the State's housing shortage crisis; and WHEREAS, pursuant to Government Code § 36937, subdivision (b), any ordinance for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, that is passed by a four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption; and WHEREAS, to protect the health, safety, and welfare of the residents of the City of Rancho Palos Verdes, on April 16, 2024 the full City Council unanimously adopted Urgency Ordinance No. 678U approving zoning amendments inclusive of Zoning Map amendments and development standards for ADUs and JADUs, to immediately effectuate the Housing Element, including rezoning sufficient sites to accommodate the City's regional housing needs allocation by adopting the implementation actions to effectuate the City's Revised Final 2021-2029 Housing Element; and WHEREAS, on April 16, 2024 City Council initiated code amendment proceedings related to amendments to Chapter 17.40 (Overlay Control Districts), Chapter 17.96 (Definitions), Chapter 17.76 (Miscellaneous Permits and Standards, Chapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit Development Standards) and other code sections as applicable of Title 17 of the Rancho Palos Verdes Municipal Code to adopt the zoning and code amendments that were adopted in Urgency Ordinance No. 678U by regular ordinance; and WHEREAS, On April 25, 2024, a public notice was published in the Palos Verdes Peninsula News informing the public of a public hearing by the Planning Commission to consider recommendations to the City Council related to the adoption of code amendments that were adopted in Urgency Ordinance No. 678U; and WHEREAS, on May 6, 2024, HCD staff conveyed revisions to be made to the implementing zoning and code amendments; and WHEREAS, the City Attorney reviewed the re-titled section of the Government Code addressing ADUs and JADUs and determined additional amendments are needed to the City's local development standards. 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 finds the above recitals are true and correct and are incorporated herein by reference. Section 2: The Planning Commission finds the update to the Zoning and related actions to effectuate the updated Housing Element are necessary to comply with State law P.C. Resolution No. 2024-15 Page 5 of 7 and are consistent with the General Plan. Section 3: The Planning Commission recommends the City Council find the Housing Element, Land Use Element, and Local Coastal Plan are policy documents that include policies, strategies, and actions to facilitate the 'construction of new housing and preservation of existing housing to meet the needs of the City's population. As such, the proposed amendment will not create or result in any significant impacts to the General Plan, Local Coastal Plan, or Zoning Code, nor be in conflict with any applicable environmental plans or policies, be incompatible with existing land uses, affect agricultural resources, or disrupt the physical arrangement of the established community. Therefore, there will be no significant land use or planning impacts associated with this project. Section 4: The Planning Commission recommends the City Council find that 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 Aesthetics, Agriculture Resources, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Greenhouse Gas Emissions, Hazards/Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Transportation/Traffic, or Utilities/Service Systems, as a result of the proposed project. Further, for this reason,, the proposed project does not have impacts that are individually limited but cumulatively considerable, nor have environmental impacts that would cause substantial adverse effects on human beings, directly or indirectly. Section 5: The Planning Commission recommends the City Council determine based on its independent judgment, after consideration of the whole of the administrative record, that the project was adequately assessed in the Negative Declaration adopted on August 11, 2022; and pursuant to CEQA Guidelines 15162 and 15164, and Addendum No. 1 attached as Exhibit A, no major revisions are required to the Negative Declaration and no subsequent EIR or negative declaration is required for approval of the project. Section 6: The Planning Commission recommends the City Council adopt the amendments to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (Exhibit A) that had been adopted by City Council on April 16, 2024 by Urgency Ordinance No. 678U, including a Mixed Use Overlay District, a Residential Overlay District, Definitions and an amendment to the Zoning Map to include those overlay districts and to reclassify two residential properties (Assessor Parcel No. 7573-006-024 and Assessor Parcel No. 7578-002-011) to a higher density, and amendments related to Accessory Dwelling Units and Junior Accessory Dwelling Units to bring the code in compliance with state requirements, to effectuate the Revised Final Housing Element. FINALLY RESOLVED, that the Planning Commission forward a copy of this resolution to the City Council so the Council will be informed of the action and recommendations of the P.C. Resolution No 2024-15 Page 6 of 7 Planning Commission. PASSED, APPROVED, AND ADOPTED this 14th day of May, 2024 by the following vote: AYES: COMMISSIONERS BRACH, NELSON, PERESTAM, SAADATNEJADI, VICE CHAIR SANTAROSA & CHAIR CHURA NOES: COMMISSIONER NULMAN ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE David Chura Chair •fi 4 Bran. •es, A I Director o Community Development; and Secretary of the Planning Commission P.C. Resolution No. 2024-15 Page 7 of 7