CC SR 20240604 01 - Housing Element
PUBLIC HEARING
Date: June 4, 2024
Subject:
Consideration and possible action to adopt additional amendments to Title 17 of the Rancho Palos
Verdes Municipal Code to further effectuate the City’s Revised Final 2021-2029 Housing Element.
Recommendation:
(1) Adopt Ordinance No.___-U, “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 17.47 (MIXED USE
OVERLAY DISTRICT (MUOD)), CHAPTER 17.48 (RESIDENTIAL OVERLAY DISTRICT (ROD)),
CHAPTER 17.10 ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
DEVELOPMENT, AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE, TO EFFECTUATE THE REVISED FINAL 2021 -2029
HOUSING ELEMENT”; and
(2) Introduce Ordinance No.___, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 17.47 (MIXED USE OVERLAY
DISTRICT (MUOD)), CHAPTER 17.48 (RESIDENTIAL OVERLAY DISTRICT (ROD)), CHAPTER
17.10 ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
DEVELOPMENT, AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE, TO EFFECTUATE THE REVISED FINAL 2021 -2029
HOUSING ELEMENT.”
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Cruikshank
3. Request for Staff Report: Mayor Cruikshank
4. Staff Report & Recommendation: Octavio Silva, Deputy Director/ Planning Manager and Jessica
Bobbett, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Cruikshank
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 06/04/2024
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to adopt additional amendments to Title 17 of the
Rancho Palos Verdes Municipal Code to further effectuate the City’s Revised Final 2021-
2029 Housing Element.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No.___-U, “AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
AMENDING CHAPTER 17.47 (MIXED USE OVERLAY DISTRICT (MUOD)),
CHAPTER 17.48 (RESIDENTIAL OVERLAY DISTRICT (ROD)), CHAPTER 17.10
ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
DEVELOPMENT, AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO EFFECTUATE THE
REVISED FINAL 2021-2029 HOUSING ELEMENT”; and
(2) Introduce Ordinance No.___, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER
17.47 (MIXED USE OVERLAY DISTRICT (MUOD)), CHAPTER 17.48
(RESIDENTIAL OVERLAY DISTRICT (ROD)), CHAPTER 17.10 ACCESSORY
DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
DEVELOPMENT, AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO EFFECTUATE THE
REVISED FINAL 2021-2029 HOUSING ELEMENT.”
FISCAL IMPACT: There is no fiscal impact, as the 2021-2029 Housing Element
Program implementation measures are budgeted annually in the
Community Development Department Planning Division budget.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Deputy Director of Community
Development/Planning Manager
Jessica Bobbett, Senior Planner
REVIEWED BY: Brandy Forbes, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
The following attachments can be viewed via the links embedded in the staff report:
A. Urgency Ordinance No.___-U,”; (page A-1)
• Exhibit “U-A”- Addendum No. 1 to the Negative Declaration for the 2021-2029
Housing Element and associated Housing Programs
• Exhibit “U-B” – Draft Code Amendments to Title 17 (Zoning) of Rancho Palos
Verdes Municipal Code and Draft Accessory Dwelling Unit and Junior
Accessory Dwelling Unit Code Amendment
• Exhibit “U-C” - and Revised Zoning Map
• Exhibit “U-D” - List of Properties to be rezoned
B. Ordinance No.__ (page B-1)
C. Planning Commission Slide Presentation May 14, 2024
D. Public Correspondence
E. Response to public correspondence prepared by Environmental Science Associates
(ESA)
BACKGROUND:
State Required 6th Cycle Housing Element
The Housing Element is one of the required elements of a municipality’s General Plan.
Unlike the other elements, which can be updated on any timetable suitable to a public
agency, the Housing Element must be updated every eight years as required by state
law. The 6th Cycle Housing Element covers the period from 2021 to 2029.
The original deadline for adopting a certified 6th Cycle Housing Element in the City’s
region was October 15, 2021, with a 120-day grace period to February 12, 2022. The
standard practice is for a municipality to submit a draft Housing Element to the California
Department of Housing and Community Development, or HCD, prior to adoption to get
the initial feedback from the state agency. This is a required step before a municipality
can adopt its Housing Element.
One of the driving factors of a Housing Element is the Regional Housing Needs
Assessment (RHNA) allocation obligation. Each city must, in its Housing Element, provide
for zoning and land use designations adequate to meet its RHNA for the Housing Element
eight-year cycle. A city is not required to build housing, but to simply ensure that
the housing can be built through zoning. The state establishes the total shortage of
housing (the RHNA number) and distributes the amount needed for each region. The City
of Rancho Palos Verdes is in the Southern California Association of Governments
(SCAG) region. After the state determines a regional housing shortage, SCAG has to
establish a methodology to distribute that overall RHNA number to the municipalities in
the region (Imperial County, Los Angeles County, Orange County, Riverside County, San
Bernadino County, and Ventura County). SCAG considers multiple methodologies
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including several factors, such as proximity to transit, existing densities, and availability
of services.
SCAG did not finalize its methodology for RHNA distribution until late 2020, with an appeal
period in early 2021 (the City appealed, unsuccessfully, its RHNA allocation). The RHNA
obligations for the 6th Cycle were considerably higher for all municipalities than prior
cycles. As a result, there was little time for the majority of municipalities to determine
adequate sites to meet these vastly higher RHNA numbers.
Adopted 6th Cycle Housing Element
The City has been working on the 6th Cycle Housing Element since spring 2021, with the
Planning Commission and City Council conducting joint public hearings to review the draft
Housing Element in August and October 2021. On November 19, 2021, a draft Housing
Element was submitted to HCD. On January 18, 2022, HCD completed its review of the
Draft Housing Element and noted that substantial revisions were necessary to comply
with state housing element law. This did not leave sufficient time to revise the draft and
for the City Council to adopt a Final Draft Housing Element and allow for HCD’s statutory
review period of 60 days for the Final Draft Housing Element to be deemed compliant
within 120-day grace period of the statutory deadline (October 15, 2021). This was also
the case for most cities in the SCAG region due to the complexities of this housing
planning period of 2021-2029.
However, because so many cities were not able to meet the statutory deadlines due, the
state Legislature passed Senate Bill No. 197 (Housing Budget Trailer Bill), which provided
additional time for local agencies with housing elements due in 2021, but which did not
have a Housing Element in substantial compliance within 120 days of the statutory
deadline. Specifically, the bill provided that local governments which adopted a
substantially compliant 6th Cycle Housing Element by October 15, 2022, would have three
years and 120 days from the original statutory deadline (October 15, 2021) to complete
the required rezoning of sites to comply with that Housing Element. However, no
extension was provided for municipalities that did not meet the October 15, 2022
deadline.
On August 11, 2022, the City Council adopted Resolution No. 2022-49, adopting the
City’s 6th Cycle Housing Element and associated environmental review, which included a
Negative Declaration pursuant to the California Environmental Quality Act (CEQA). The
adopted Housing Element was subsequently forwarded to HCD for compliance review
with state housing element law. In October 2022, HCD notified the City’s Community
Development Department via letter that, although the adopted Housing Element met
many of the statutory requirements, the document was ultimately not in substantial
compliance. As part of its review, HCD outlined additional document corrections and site
analyses required to achieve substantial compliance. HCD corrections included, but were
not limited to, providing support information related to affirmatively furthering fair housing
efforts and clarifying the realistic capacity of residential development on identified
Potential Housing Sites outlined in the City’s Housing Element.
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The City’s 6th Cycle Housing Element adopted in August 2022 included policies,
strategies, and actions to facilitate the construction of new housing and the preservation
of existing housing throughout the City. More specifically, the document outlined the plan
to accommodate the City’s RHNA allocation of a total of 639 new housing units in various
income categories over the planning period. In addition, the Housing Element
accommodated eight lower-income units that that were carried over from the previous
planning period of 2013-2021 (5th Cycle), for a total of 647 new housing units throughout
the City. The housing unit breakdown by income category outlined in the Housing Element
is as follows:
• Lower 400 units (minimum 30 dwelling units (d.u)/ acre required)
• Moderate 125 units (higher density sites)
• Above Moderate 122 units (sites zoned for densities less than 30 d.u./acre)
It is important to note that the Housing Element only provides the regulatory
framework to accommodate and support the construction of new housing units.
The document does not require or approve the construction of a specific project.
HCD Review of Adopted 6th Cycle Housing Element
Following the October 2022 HCD determination that the City’s 6th Cycle Housing Element
was not compliant with state housing element law, HCD requested an informal review to
occur before an updated version of the Housing Element was presented to the City
Council again for adoption, to ensure its comments were sufficiently addressed. After
several consultation meetings with HCD, on September 14, 2023, City Staff submitted a
revised draft of the City’s Housing Element to HCD for an informal 60 -day review of the
document. The revised draft included updates addressing HCD’s requested corrections
as well as the preparation of a detailed site-by-site inventory analysis, which was
prepared by the City’s housing consultant Dudek, which studied the physical development
feasibility of the City’s Potential Housing Sites Inventory.
The analysis included some hypothetical residential site layouts based on physical site
and area constraints that were studied, which in some cases resulted in updates to the
developable area and proposed density of a potential housing site. As a result of this site-
by-site inventory analysis, an additional housing site was identified at 500 Silver Spur
Road (Site No. 15- Assessor Parcel No. 7586-028-019) that was not previously accounted
for in the City’s adopted 6th Cycle Housing Element. The site accommodated 38
affordable housing units with an overall density of 45 dwelling units per acre. This site
was included in the City’s Potential Housing Sites Inventory outlined in the September 14,
2023 revised draft Housing Element, for a total of 31 potential housing sites throughout
the City.
City Staff met with HCD Staff to discuss the review of the City’s September 14, 2023,
revised draft Housing Element on November 17, 2023, December 15, 2023, and January
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25, 2024. During the January 25, 2024 meeting, HCD Staff noted that any subsequent
submittal of revised documents should be submitted formally to ensure that City Staff
would receive a determination on the status of the revised document within HCD’s
statutory required 60-day review period. This direction was contrary to previous
messaging from HCD Staff, which outlined that informal submittals were needed.
On January 30, 2024, City Staff posted a second revised draft Housing Element on the
City’s website site and circulated the document to interested parties. On February 7,
2024, after the required seven-day posting and circulation of the document, City Staff
submitted the information to HCD for a formal review, establishing a 60 -day (April 5, 2024)
deadline for HCD to provide a review response. On March 11, 2024, City Staff met with
HCD Staff to discuss additional clarifications to the document that were needed. At that
time, HCD Staff also indicated that revisions to the document could be made and
resubmitted to HCD to ensure that the City’s January 30 revised Housing Element
submittal could be found to be in substantial compliance by HCD’s 60-day statutory
deadline of April 5, 2024.
Accordingly, City Staff prepared document clarifications requested by HCD, and
forwarded the information to HCD Staff for review. On March 14, 2024, City Staff received
an email from HCD Staff indicating that there were no additional questions regarding the
City’s Housing Element. Based on this information, City Staff prepared a Draft Revised
Final Housing Element on March 15, 2024 and submitted the document to HCD on March
22, 2024 after the required seven-day posting of the revised document on the City’s
website and circulation to interested parties.
Revised Final 2021-2029 Housing Element
On March 26, 2024, the Planning Commission considered the Draft Revised Final
Housing Element and related Housing Program implementation measures and provided
recommendations for City Council consideration , which generally included screened
parking, facade articulation in the ROD, clarifying developable areas for the Salvation
Army Site and UCLA South Bay sites, consider the proximity of the Clipper Site No. 16 to
the landslide complex, and consider not eliminating view preservation for sites No. 16 and
No. 17.
On April 16, 2024, the City Council considered 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 Revised Final 2021-2029 Housing Element, and following the
public hearing adopted Resolution No. 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, and a Local Coastal plan (Coastal Specific
Plan) Amendment to effectuate the 2021-2029 Housing Element. The City Council also
adopted Resolution No. 2024-17 to forward to the California Coastal Commission the
amendments to the Local Coastal Program (LCP) Coastal Specific Plan and zoning map
related to the 6th Cycle Housing Element actions in the Coastal Zone, consistent with
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State Housing Law. The April 16th City Council Staff Report for the consideration of the
Revised Final Housing Element is available for review.
Additionally, in order to protect the health, safety, and welfare of the residents of the City
of Rancho Palos Verdes, on April 16, 2024 the City Council unanimously adopted
Urgency Ordinance No. 678U approving zoning amendments inclusive of Zoning Map
amendments and development standards for Accessory Dwelling Units (ADUs) and
Junior Accessory Dwelling Units (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.
The City Council also 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.
On May 6, 2024, City Staff met with HCD Staff regarding the implementation measures
for the City Council-adopted Revised Final Housing Element and provided additional
clarifications regarding adopted code amendments, which generally focused on updated
language for the Amendments to Title 17 (Zoning) to include a minimum density for
MUOD projects and a minimum percentage of affordable to lower income households in
order to clarify which projects are eligible for ministerial approval. City Staff also updated
the adopted code amendments to incorporate HCD Staff’s comments. Furthermore,
additional revisions were made to the previously approved ADU and JADU Code
Amendment based on a review by the City Attorney’s Office that additional updates were
needed to the City’s local development standards.
These clarifications were considered by the Planning Commission at its May 14, 2024
meeting and its recommendations are presented to the City Council this evening for
adoption. If deemed acceptable, the City Council is being asked to adopt the attached
Urgency Ordinance (Attachment A), effectuating additional Housing Element changes to
the Zoning Code (Title 17) immediately, and introducing an ordinance (Attachment B),
through the regular code amendment process, effectuating the additional Housing
Element amendments to the Zoning Code for second reading and adoption at the June
18, 2024 City Council meeting.
DISCUSSION:
A summary of the proposed clarification amendments effectuating the Final Revised
Housing Element are outlined below:
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ADU and JADU Code Amendments:
• Updated to include additional definitions and clarifications related to parking,
ownership, and state exemptions in order to conform to State Housing Law.
Amendments to Title 17 (Zoning) of the City of Rancho Palos Verdes Municipal
Code: Regulations for the Mixed-Use Overlay and Residential Overlay Districts:
• Revise Section 17.47.030 A, as follows: “Ministerial Approval. MUOD projects
for owner-occupied and rental multifamily residential uses where at least 20
percent of the units are affordable to lower income households as that term is
defined by Government Code 65589.5 as it may be amended from time to time,
are eligible for ministerial approval. Projects that meet that affordability
requirement, comply with the provisions of this chapter, and do not require any of
the approvals set forth in Subsection B, shall be approved ministerially a nd are
not subject to a conditional use permit, planned unit development permit, or other
discretionary local government review or approval. The Director shall approve an
administrative permit to construct and operate a MUOD project under this chapter
if the application complies with the provisions of this chapter. MUOD projects that
do not meet the 20 percent affordability requirement must fo llow the conditional
use permit application and approval process.”
• Revise Section 17.48.030 A, as follows: “Ministerial Approval. ROD projects for
owner-occupied and rental multifamily residential uses where at least 20 percent
of the units are affordable to lower income households, as defined by Government
Code 65589.5, as may be amended from time to time, are eligible for ministerial
approval. Projects that meet that affordability requirement, comply with the
provisions of this chapter and do not require any of the approvals set forth in
Subsection B, shall be approved ministerially and are not subject to a conditional
use permit, planned unit development permit, or other discretionary local
government review or approval. The Director shall approve an administrative
permit to construct and operate a ROD project under this chapter if the application
complies with the provisions of this chapter. ROD projects that do not meet the 20
percent affordability requirement must follow the conditional use permit application
and approval process.”
On May 14, 2024, the Planning Commission considered making recommendations to the
City Council regarding the code amendments required to effectuate the City’s Revised
Final 2021-2029 Housing Element by regular ordinance. The code amendments
presented to the Planning Commission included proposed clarifications requested by
HCD Staff and the City Attorney’s updates to the ADU and JADU Code Amendment. The
Planning Commission’s adopted, by a vote of 6-1 (Commissioner Nulman dissenting)
P.C. Resolution No. 2024-15 making the following recommendations to the City Council:
• Determining the project approvals described below were adequately assessed in
the Negative Declaration adopted on August 11, 2022, and Addendum No. 1
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included in the adoption of the Housing Element on April 16, 2024, and pursuant
to CEQA Guidelines 15162 and 15164, no major revisions are required to the
Negative Declaration and no subsequent EIR or negative declaration is required;
and
• Revising the zoning designation of Accessor Parcel No. 7573-006-024 (Clipper lot)
and Accessor Parcel No. 7578-002-011 (Montemalaga Drive & Lightfoot Place lot)
from Residential Single Family (RS-4) and Residential Single Family (RS-A-5),
respectively, to Residential Multiple Family (RM-22) for consistency with the
Revised Final 2021-2029 Housing Element adopted on April 16, 2024; and
• Approving the following amendments to Title 17 of the Rancho Palos Verdes
Municipal Code:
o Chater 17.40 (Overlay Control Districts), Chapter 17.96 (Definitions),
Chapter 17.76 (Miscellaneous Permits and Standards) and other code
sections as applicable – regulations and definitions for the Mixed-Use
Overlay and Residential Overlay Districts for consistency with the Revised
Final 2021-2029 Housing Element adopted on April 16, 2024; and
o Chapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling
Unit Development Standards) – updated development standards for ADUs
and JADUs units for consistency with the Revised Final 2021-2029 Housing
Element adopted on April 16, 2024, and to comply with State Housing Law.
The information that was presented to the Planning Commission is included in the staff
report. The staff presentation is available for reference and a recording of the meeting
can be viewed on the City website.
On May 17, 2024, HCD Staff requested additional non-substantive clarifications to the
Zoning Code Amendments. The additional Code Amendment clarifications have been
incorporated into draft Ordinances outlined below:
• Update RPVMC Section 17.48.040(A) to provide a minimum density for the
Salvation Army Site No. 4 (APN:7573-002-014) to include a minimum number of
units for the site that is equivalent to 20/du/acre, to help clarify which housing
projects are subject to ministerial approval.
• Identifying the properties that are being rezoned and to what density. The table is
included as Exhibit U-D.
• Revise language in the MUOD (RPVMC 17.47.030) and ROD (RPVMC 17.48.030)
overlay district development standards to include the applicable Health and Safety
Code section included in italics below, “as determined by Government Code
Section 65589.5 and defined by Health and Safety Code 50079.5.”
Urgency Ordinance
This project is being proposed as an Urgency Ordinance to immediately implement the
Zoning Code clarifications requested by HCD.
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Environmental Assessment
Staff received public correspondence which was included in the Planning Commission
staff report dated May 14, 2024. The correspondence expressed concerns regarding
potential impacts related to aesthetics, air quality, changed circumstances, geology and
transportation The City’s environmental consultant, Environmental Science Associates
(ESA) has prepared a response (Attachment D) to address the concerns outlined in the
public correspondence.
As outlined in the Background section of this report, on August 11, 2022, the City Council
adopted Resolution No. 2022-49, adopting the City’s 6th Cycle Housing Element (State
Clearinghouse #2022010162) and associated environmental review, which included a
Negative Declaration (ND) pursuant to the CEQA. The adopted ND evaluated the
potential environmental impacts associated with adoption of the City’s 6th Cycle Housing
Element and it determined that no significant environmental impacts would occur as the
Housing Element is a policy document that provides the framework to accommodate and
support the construction of new housing units.
Pursuant to CEQA Guidelines, section 15164, Staff has prepared an addendum to the
previously adopted ND, identified as Addendum No. 1. The purpose of Addendum No. 1
(Exhibit U-A) to the previously prepared ND is to revise the original ND’s project
description to reflect the HCD requested modifications to the Housing Element the City
adopted on August 11, 2022 and evaluate the potential environmental effects that could
occur as a result of the adoption and implementation of the Draft Revised Final Housing
Element.
The proposed Addendum No. 1 also analyzes the reasonable foreseeability of significant
environmental impacts, which were not previously identified in the adopted ND as it
relates to the proposed Housing Program implementation measures outlined in the Draft
Revised Final Housing Element including, but not limited to, Zone Changes, General Plan
Amendments and related Zoning Code amendments. It has been determined by the
analysis in Addendum No. 1, that none of the circumstances set forth in CEQA Guidelines,
section 15162 requiring preparation of a subsequent ND, Mitigated Negative Declaration
or Environmental Impact Report have occurred.
ADDITIONAL INFORMATION:
City Councilmember Proximity to Potential Housing Sites
There are no City Councilmembers residing between 500 feet or 1,000 feet of a Potential
Housing Site identified in the City’s Revised Draft Final Housing Element . No additional
conflicts were identified.
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Public Correspondence
On May 16, 2024, a public notice was issued and published in the Palos Verdes Peninsula
News providing notification of the City Council’s review and consideration of the adoption
of the attached urgency ordinance and the introduction of items to be considered by
regular ordinance. In addition to the letters addressed by ESA, Staff received two
additional public comments, which are included in public correspondence.
Consequences for Non-Compliant Housing Element
Local governments have much to lose if they fail to bring their housing elements into
compliance with state requirements. With a staff of 25 in its Housing Accountability Unit,
HCD is resourced and ready to enforce state mandates on local housing plans and
policies. In May 2023, HCD issued a Letter of Inquiry regarding the status of the City’s 6th
Cycle Housing Element, which included a discussion of the consequences of not having
a Housing Element in compliance with state Housing Element law. The letter highlighted
financial and legal ramifications for noncompliance, including possible actions from the
California Office of the Attorney General and court-imposed penalties for persistent
noncompliance, including financial penalties. Other consequences of noncompliance
include the loss of local land use authority to a court appointed agent and ineligibility to
receive state funds that require a compliant Housing Element as a prerequisite. The City
is also susceptible to “builder’s remedy” projects. The Housing Accountability Act, Gov’t
Code § 65589.5, almost completely curtails a city’s ability to condition or deny housing
development projects that do not comply with the City’s General Plan and Zoning Code
while the city lacks a substantially compliant Housing Element. These projects tend to be
exponentially larger than what the zoning allows and often on sites not deemed viable for
residential development.
Code Numbering
During the recent code amendment ordinance preparation, it was discovered that the
numbering system of Zoning Code requires an adjustment. This is inconsequential to the
substance of the code amendments yet needs to be completed to accommodate the new
overlay districts. Therefore, the existing Chapter 17.48 Lots, Setbacks, Open Space Area
and Building Height will be changed to Chapter 17.49. The Zoning Code amendments as
part of this agenda item will remain the same as previously adopted.
Next Steps
If deemed acceptable this evening and the City Council adopts the attached urgency
ordnance and introduces the regular ordinance, City Staff will present to the City Council
for the consideration of the second reading and adoption of the regular ordinances on
June 18, 2024.
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CONCLUSION:
Per HCD’s letter dated April 5, 2024, and subsequent correspondence, Staff believes by
processing associated housing implementation measures , including proposed Zone
Changes, General Plan Amendments, Coastal Specific Plan Amendments and
associated code amendments, the City can also ensure certification of the document by
HCD. The Housing Element implementation measures will help shape future
development along the City’s commercial corridors and key sites throughout the City to
provide vibrant and dynamic land use opportunities on the City’s terms today.
For the reasons noted above, Staff recommends the City Council adopt the attached
urgency ordinance and introduce the regular ordinance effectuating the Final Revised
Housing Element.
ALTERNATIVES
In addition to Staff’s recommendation, the following alternative action is available for the
City Council’s consideration:
1) Provide Staff with additional feedback and continue the public hearing to a date
certain to allow Staff the opportunity to prepare and present revisions.
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ORDINANCE NO. ___-U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
AMENDING CHAPTER 17.47 (MIXED USE OVERLAY
DISTRICT (MUOD)), CHAPTER 17.48 (RESIDENTIAL
OVERLAY DISTRICT (ROD)), CHAPTER 17.10
ACCESSORY DWELLING UNIT AND JUNIOR
ACCESSORY DWELLING UNIT DEVELOPMENT, AND
CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO
EFFECT THE REVISED FINAL 2021-2029 HOUSING
ELEMENT
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
WHEREAS, on January 18, 2022, HCD provided written comments to the City on
the Draft Housing Element; and
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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; 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; 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
Final Draft Housing Element 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 Final Draft Housing Element on August 30, 2022 and reporting
the results of HCD’s review, noting that the adopted element addressed many statutory
requirements described in HCD’s prior review, but that further 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 provides 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
20212029 Revised Final Housing Element; and
WHEREAS, on November 17, 2023 City staff and HCD staff discussed the
revisions and the City explained the comprehensive site by site analysis; and
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WHEREAS, on November 30, 2023 HCD confirmed and finalized via email 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 to 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 verbally 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 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
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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 has been
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, 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
WHEREAS, on April 16, 2024 the City Council (1) held a public hearing to consider
the recommendations of the Planning Commission, (2) determined 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 20212029
Housing Element, and approved 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 zoning
amendments inclusive of Zoning Map amendments and development standards for ADUs
and JADUs, to effectuate the Housing Element, including rezoning sufficient sites to
accommodate the City’s regional housing needs allocation, and (3) 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 by regular ordinance; and
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WHEREAS, on April 18, 2024 City Staff submitted the documents adopted on April
16, 2024 to HCD for their review for compliance with State Housing Law; and
WHEREAS, on May 6, 2024 HCD informed City Staff of recommended
nonsubstantive clarifications to the zoning ordinance implementing the 6th Cycle Housing
Element; and
WHEREAS, on May 14, 2024 the Planning Commission conducted a duly noticed
public hearing and adopted PC Resolution No. 2024-15 a resolution 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 Units and Junior
Accessory Dwelling Units to comply with the State Housing Law, as were adopted in
Urgency Ordinance 678U, with revisions for completeness; and
WHEREAS, on May 17, 2024 HCD informed City Staff of final recommended
nonsubstantive clarifications to the zoning ordinance implementing the 6th Cycle Housing
Element, that have been incorporated into Attachment B; and
WHEREAS, the City Council seeks 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, the City Council seeks and intends to protect the health, safety, and
welfare of the residents of the City of Rancho Palos Verdes by adopting the
implementation actions to effectuate the City’s Revised Final 2021-2029 Housing
Element, as further described herein.
NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby ordain as follows:
Section 1. Recitals. The above recitals are incorporated herein by this reference.
Section 2. Urgency Findings.
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A. Government Code 65580 states, “[t]he availability of housing is of vital
statewide importance, and the early attainment of decent housing and a suitable living
environment for every Californian, including farmworkers, is a priority of the highest
order.” California is experiencing a housing supply crisis, with housing demand far
outstripping supply. In 2018, California ranked 49th out of the 50 states in housing per
capita. This lack of housing supply in California has led to dramatically increasing housing
costs across the State.
B. Home prices in the City of Rancho Palos Verde are significantly higher than
those in most surrounding communities, with the average home value as of February
2024 for the single family homes listed was $1,909,216, according to Zillow Research
Data. As of April 9, 2024, only 49 properties were listed for rent in the City on Zillow, with
21 of those being apartments and townhomes ranging in rent from $1,750/month to
$5,750/month. Single-family homes (28 properties) were being offered for rent from
between $4,350/month and $18,000/month. In addition, land, environmental, and
infrastructure constraints combine to keep land prices high, and housing growth has not
occurred aside from the construction of accessory dwelling units on single-family parcels.
C. Providing for a diverse range of housing types is an important consideration
in a community. A diverse range of housing types helps ensure that all households in a
community, regardless of income level, size, age, and family type, have the ability to find
adequate housing that meets their needs.
D. According to the California Department of Finance E-5 Report, 2021, the
City’s housing unit vacancy rate in 2020 was 4.8%, where the vacancy rate in Los Angeles
County was 6.4% and in the Southern California Association of Governments (SCAG)
Region it was 7.6%, indicate housing choice is very limited in Rancho Palos Verdes.
E. The City has some of the region’s highest single-family housing prices.
According to SCAG data, between 2000 and 2018, median home sales prices in Rancho
Palos Verdes increased 127% while prices in the SCAG region increased 151%, but the
City’s median home sales price was still much higher than for the region overall in 2018,
at $1,250,000, versus only $560,977 for the SCAG region. Prices in Rancho Palos Verdes
have ranged from a low of 176.7% of the SCAG region median in 2007 and a high of
285.2% in 2009.
F. According to the ACS, the median monthly contract rent for the 2014
through 2018 period3 was $1,288 for the region, and nearly twice that in Rancho Palos
Verdes at $2,505. Only 49 properties, 28 of which are homes) are available for rent as of
April 2024 according to Zillow.
G. Extremely low, very low, low, and moderate income households cannot
afford market-rate rental or ownership housing in Rancho Palos Verdes without assuming
a significant cost burden.
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H. The increases in rents caused by the limited supply of rental housing force
families to pay a disproportionate amount of household income on rent, creating strain on
household finances. If households are forced to move out of the area because of
increased rents, this can lead to loss of community, stress and anxiety for those forced to
relocate, increased commute times and traffic impacts if displaced workers cannot find
affordable housing within the City, and interruption of the education of children in the
home.
I. A lack of affordable rental housing supply and increasing rents additionally
increase the risk that more households will become homeless and prevent homeless
individuals and families from escaping homelessness.
J. When people have access to safe and affordable housing, they have more
money for food and health care, are less likely to become homeless and in need of
government subsidized services, their children do better in school, and businesses have
an easier time recruiting and retaining employees.
K. Government Code Section 65589.5 states that the Legislature finds and
declares all of the following:
(1) The lack of housing, including emergency shelters, is a critical problem that
threatens the economic, environmental, and social quality of life in California.
(2) California housing has become the most expensive in the nation. The excessive
cost of the state’s housing supply is partially caused by activities and policies of many
local governments that limit the approval of housing, increase the cost of land for housing,
and require that high fees and exactions be paid by producers of housing.
(3) Among the consequences of those actions are discrimination against low
income and minority households, lack of housing to support employment growth,
imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting,
and air quality deterioration.
(4) Many local governments do not give adequate attention to the economic,
environmental, and social costs of decisions that result in disapproval of housing
development projects, reduction in density of housing projects, and excessive standards
for housing development projects.
L. In order to help facilitate the development of sufficient housing to alleviate
the regional and statewide housing crisis, the City is required to provide sufficient land in
its General Plan and Zoning Code to provide the City’s fair share of housing to meet the
needs of the Southern California region. The City’s fair share is developed through the
Regional Housing Need Allocation (RHNA) process conducted by the Southern California
Association of Governments, which has determined in the City will have to provide
sufficient land in its General Plan and Zoning for 647 new housing units in the City in its
Housing Element for 2021-2029. A substantially compliant Housing Element that provides
for housing capacity to meet the City’s RHNA obligation contributes to addressing the
housing shortage in the State of California.
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M. In order for the Housing Element to be certified in compliance with the State
Housing Element Law, the Zoning Ordinance amendments, including the revision to the
Zoning Map and development standards for Accessory Dwelling Units (ADUs) and Junior
Accessory Dwelling Units (JADUs), must be adopted in order to effectuate the Housing
Element.
N. Adopting the urgency ordinance allows the Zoning Ordinance amendments,
including the revision to the Zoning Map and development standards for ADUs and
JADUs, to be effective immediately, thereby eliminating the constraints to housing
identified in the Housing Element.
Section 3. The City Council finds that the Revised Final 2021-2029 Housing
Element adopted on April 16, 2024, in conjunction with the revisions to the Zoning Code
adopted that day, was substantially compliant with the State Housing Element Law as of
the date of its adoption, and that the subsequent clarifications requested by HCD to the
Zoning Code updates do not constitute substantive revisions and are not required for
substantial compliance.
Section 4.CEQA Compliance. Based on its independent judgment, after
consideration of the whole of the administrative record, the City Council determines 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 Attachment A, the City Council finds no major revisions are required to the
Negative Declaration and no subsequent EIR or negative declaration is required for
approval of the project.
Section 5. Amendment to the Code. Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code is hereby amended to include the development standards for the MUOD
and ROD overlay districts, amendments to definitions, and amendments to the ADU and
JADU regulations as included as Attachment B.
Section 6. Zoning Map Amendment. The Rancho Palos Verdes Zoning Map is
hereby amended to include the MUOD and ROD overlay districts and to revise certain
parcels to Residential Multiple m-22 as listed in the Housing Element and listed in
Attachment B. Amended Zoning Map is included as Attachment C. A listing of the sites
where zoning is changing is included as Attachment D
Section 7. Severability. If any provision(s) of this Ordinance or the application
thereof to any person or circumstances is held invalid or unconstitutional by any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any other
provision or application, and to this end the provisions of this ordinance are declared to
be severable. The City Council hereby declares that they would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections, subsections, clauses, phrases,
parts or portions thereof be declared invalid or unconstitutional.
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Section 8. Posting. The City Clerk shall certify the passage and adoption of this
Ordinance by the City Council and shall cause this ordinance to be published or posted
in accordance with Government Code section 36933 as required by law.
Section 9. Effective Date. Pursuant to Government Code section 36937, this
Urgency Ordinance shall take effective immediately upon approval of the same by a four
fifths (4/5) affirmative vote of the City Council.
PASSED, APPROVED and ADOPTED by a 4/5th vote of the entire City Council
this 4th day of June, 2024.
John Cruikshank, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Urgency Ordinance No. ___U, was duly adopted by the City Council of said
City at a regular meeting thereof held on June 4, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
Teresa Takaoka, City Clerk
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, AMENDING
CHAPTER 17.47 (MIXED USE OVERLAY DISTRICT
(MUOD)), CHAPTER 17.48 (RESIDENTIAL OVERLAY
DISTRICT (ROD)), CHAPTER 17.10 ACCESSORY
DWELLING UNIT AND JUNIOR ACCESSORY DWELLING
UNIT DEVELOPMENT, AND CHAPTER 17.96
(DEFINITIONS) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE, TO EFFECT THE
REVISED FINAL 2021-2029 HOUSING ELEMENT
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
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
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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; 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; 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
Final Draft Housing Element 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 Final Draft Housing Element on August 30, 2022 and reporting
the results of HCD’s review, noting that the adopted element addressed many statutory
requirements described in HCD’s prior review, but that further 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 provides 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
20212029 Revised Final Housing Element; and
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 and finalized via email the list
of concerns that were discussed on November 17, 2023; and
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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 to 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 verbally 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 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,
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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 has been
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, 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
WHEREAS, on April 16, 2024 the City Council (1) held a public hearing to consider
the recommendations of the Planning Commission, (2) determined 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 20212029
Housing Element, and approved 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 zoning
amendments inclusive of Zoning Map amendments and development standards for ADUs
and JADUs, to effectuate the Housing Element, including rezoning sufficient sites to
accommodate the City’s regional housing needs allocation, and (3) 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 by regular ordinance; and
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WHEREAS, on April 18, 2024 City Staff submitted the documents adopted on April
16, 2024 to HCD for their review for compliance with State Housing Law; and
WHEREAS, on May 6, 2024 HCD informed City Staff of recommended
nonsubstantive clarifications to the zoning ordinance implementing the 6th Cycle Housing
Element; and
WHEREAS, on May 14, 2024 the Planning Commission conducted a duly noticed
public hearing and adopted PC Resolution No. 2024-15 a resolution 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 Units and Junior
Accessory Dwelling Units to comply with the State Housing Law, as were adopted in
Urgency Ordinance 678U, with revisions for completeness; and
WHEREAS, on May 17, 2024 HCD informed City Staff of final recommended
nonsubstantive clarifications to the zoning ordinance implementing the 6th Cycle Housing
Element, that have been incorporated into Attachment B; and
WHEREAS, the City Council seeks to adopt the code amendments to effectuate
the City’s 6th Cycle 2021-2029 Housing Element by regular ordinance.
NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby ordain as follows:
Section 1. Recitals. The above recitals are incorporated herein by this reference.
Section 2. The City Council finds that the Revised Final 2021-2029 Housing
Element adopted on April 16, 2024, in conjunction with the revisions to the Zoning Code
adopted that day, was substantially compliant with the State Housing Element Law as of
the date of its adoption, and that the subsequent clarifications requested by HCD to the
Zoning Code updates do not constitute substantive revisions and are not required for
substantial compliance.
Section 3. CEQA Compliance. Based on its independent judgment, after
consideration of the whole of the administrative record, the City Council determines 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 Attachment A, the City Council finds no major revisions are required to the
Negative Declaration and no subsequent EIR or negative declaration is required for
approval of the project.
B-5
Section 4. Amendment to the Code. Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code is hereby amended to include the development standards for the MUOD
and ROD overlay districts, amendments to definitions, and amendments to the ADU and
JADU regulations as included as Attachment B.
Section 5. Zoning Map Amendment. The Rancho Palos Verdes Zoning Map is
hereby amended to include the MUOD and ROD overlay districts and to revise certain
parcels to Residential Multiple m-22 as listed in the Housing Element and listed in
Attachment B. Amended Zoning Map is included as Attachment C. A listing of the sites
where zoning is changing is included as Attachment D.
Section 6. Severability. If any provision(s) of this Ordinance or the application
thereof to any person or circumstances is held invalid or unconstitutional by any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any other
provision or application, and to this end the provisions of this ordinance are declared to
be severable. The City Council hereby declares that they would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections, subsections, clauses, phrases,
parts or portions thereof be declared invalid or unconstitutional.
Section 7. Posting. The City Clerk shall certify the passage and adoption of this
Ordinance by the City Council and shall cause this ordinance to be published or posted
in accordance with Government Code section 36933 as required by law.
Section 8. Effective Date.
This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of
the City of Rancho Palos Verdes, California on this 18th day of June, 2024.
John Cruikshank, Mayor
Attest:
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
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I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whoe number of members of the City Council of said City is five; that the foregoing
Ordinance No. was introduced by the City Council of said City at a regular meeting
thereof held on June 4, 2024, was duly and regularly adopted by the City Council of said
City at a regular meeting thereof held on June 18, 2024, and that the same was passed
and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Teresa Takaoka, City Clerk
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