CC SR 20240618 F - Housing Element
CITY COUNCIL MEETING DATE: 06/18/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to adopt Ordinance No. 681 to amend Title 17 of the
Rancho Palos Verdes Municipal Code to effectuate the City’s Revised Final 2021-2029
Housing Element (Case Nos. PLGP2022-0001, PLGP2024-001, PLZC2024-001,
PLCA2024-001 & PLCA 2024-002).
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. 681, 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 (CASE NOS. Case Nos.
PLGP2022-0001, PLGP2024-001, PLZC2024-001, PLCA2024-001 & PLCA 2024-
002).
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
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 681(page A-1)
• Exhibit “A”- Addendum No. 1 to the Negative Declaration for the 2021 -2029
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Housing Element and associated Housing Programs
• Exhibit “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 “C” - and Revised Zoning Map
• Exhibit “D” - List of Properties to be rezoned
The previous Staff Report on this topic can be found on the City’s website via the June
4, 2024 City Council Agenda at:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4549&meta_id=119630
BACKGROUND & DISCUSSION:
On June 4, 2024, Ordinance No. 681(Attachment A) was introduced by the City Council.
This Ordinance amends Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code
(RPVMC) in order to effectuate the Revised Final 2021-2029 Housing Element. This
evening, Ordinance No. 681 is presented for its second reading and adoption. If adopted
at the June 18, 2024 meeting, this Ordinance will go into effect on July 19, 2024, however,
Urgency Ordinance No. 680U will remain in effect. Urgency Ordinance No. 680U,
amended Title 17 (Zoning) to effectuate the Revised Final 2021 -2029 Housing Element,
inclusive of the non-substantive clarifications to the Zoning Amendments as requested by
the Department of Housing and Community Development (HCD).
ADDITIONAL INFORMATION:
Next Steps
If deemed acceptable this evening and the City Council adopts Ordinance No. 681, City
staff will submit the Ordinance to HCD for their documentation related to the City’s
Revised Final 2021-2029 Housing Element.
ALTERNATIVES:
In addition to the Staff’s recommendation, the following alternative action is available for
the City Council’s consideration.
1. Direct Staff to revise Ordinance No. 681 for re-introduction and/or second
reading at a future City Council meeting.
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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.
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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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