ORDINANCE NO

ORDINANCE NO. 394

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING) AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 OF THE CITY’S MUNICIPAL CODE TO CONFORM TO STATE DENSITY BONUS LAWS.

Ordinance 394 Exhibit A

WHEREAS, Chapter 17.11 of Title 17 of the Rancho Palos Verdes Municipal Code (the "Municipal Code") sets forth various procedures and regulations regarding provision of affordable housing within the City, and,

WHEREAS, Assembly Bill 1866, signed into law by the Governor on September 29, 2002, amended certain provisions of the Government Code Section 65915 pertaining to provision of incentives or concessions for the production of affordable housing, effective January 1, 2003; and,

WHEREAS, Government Code Section 65915 (a) stipulates that "All cities… shall adopt an ordinance that specifies how compliance with [state density bonus requirements] will be implemented;" and,

WHEREAS, the statutory amendments made by Assembly Bill 1866 necessitate amendments to the City of Rancho Palos Verdes’ existing density bonus provisions set forth in Chapter 17.11 of Title 17 of the Municipal Code and certain definitions as set forth in Chapter 17.96 of the Municipal Code; and,

WHEREAS, on May 24, 2003, notice of a public hearing on the proposed amendments to Chapters 17.11 and 17.96 of Title 17 of the Municipal Code was published in the Palos Verdes Peninsula News; and,

WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on June 10, 2003, at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Title 17 as set forth in the Planning Commission Staff Report of that date; and,

WHEREAS, the Planning Commission reviewed and considered the proposed code amendments to Title 17 and adopted P.C. Resolution No. 2003-29 forwarding its recommendations to the City Council for its consideration; and,

WHEREAS, on May 24, 2003, a notice of a public hearing on this code amendment was published in the Palos Verdes Peninsula News; and,

WHEREAS, after notices issued pursuant to the requirements of Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on July 1, 2003, at which time all interested parties were given the opportunity to be heard and present evidence; and,

WHEREAS, the term "lower income" households as defined in Section 50079.5 of the Health and Safety Code does not include "qualifying residents" as defined by Section 51.3 of the Civil Code, and therefore the thirty-year affordability period as required by Section 65915(c)(1) of the Government Code does not apply to projects proposing senior residential developments with fifty percent of the proposed units available to qualifying senior residents; and,

WHEREAS, pursuant to the California Environmental Quality Act, Public Resources Code §§21000 et seq., ("CEQA") staff prepared an addendum to a previously adopted Negative Declaration for the comprehensive update of Titles 16 and 17 of the Municipal Code and concluded that the proposed amendments will not result in any significant environmental impacts and that the proposed amendments are within the scope of the prior CEQA analysis; and,

WHEREAS, the Planning Commission reviewed the Addendum to the previously adopted Negative Declaration for the comprehensive update of Titles 16 and 17 of the Municipal Code and concurred with staff’s conclusion that the proposed amendments will not result in any significant environmental impacts and that the proposed amendments are within the scope of the prior CEQA analysis, and recommended adoption of the Addendum.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: The City Council has reviewed and considered the amendments to Chapter 17.11 of Title 17 of the Municipal Code.

Section 2: The City Council finds that there is no substantial evidence that the amendments to Title 17 would result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified in Environmental Assessment No. 694 and the Negative Declaration, adopted through Resolution No. 97-25 in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal Code, since the new amendments are clarifications and minor revisions to the Development Code. An Addendum (No. 8) to the prior Negative Declaration has been prepared and is attached hereto as Exhibit ‘A’. The City Council hereby finds, based on its own independent review, that the facts stated in the Addendum are true because the minor revisions to the Development Code will make the Municipal Code consistent with State Affordable Housing law, and new projects would individually undergo review as required by CEQA.

Section 3: The City Council finds that the amendments to Title 17 of the Municipal Code are necessary to preserve the public health, safety, and general welfare in the area.

Section 4: Paragraph A. 1. of Section 17.11.060 (Affordable Housing Incentives) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.11.060 A. Density Bonus

1. New Construction. When a developer of a new housing project consisting of five or more dwelling units agrees to provide at least ten percent of all units as very low income units, twenty percent of all units as low income units, fifty percent of all units for qualifying senior residents, or twenty percent of the total dwelling units in a condominium project as defined in subdivision (f) of Section 1351 of the Civil Code for persons and families of moderate income, a density bonus, as defined by Section 17.96.550 of the Municipal Code, and/or affordable housing incentive shall be provided by the city. The density bonus shall not be included when determining the number of dwelling units equal to ten or twenty percent of the total units. At least one additional or alternative incentive, as described in Section 17.11.060(B) of this chapter, or other incentives or concessions of equivalent financial value based upon the land costs per dwelling unit, shall be provided in addition to the density bonus unless the City makes a written finding, based upon substantial evidence, that the additional concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code or Government Code Section 65915(c). The units shall be rented or sold only to households whose income is at a level that does not exceed the required affordability level of the unit. The affordable units shall be similar in exterior appearance, configuration and basic amenities (such as storage space and outdoor living areas) to the market rate units in the proposed project.

When a developer of new housing agrees to provide at least ten percent of all units as very low income units and twenty percent of all units as low income units, density bonuses shall not accrue cumulatively, and only one density bonus and at least one other additional incentive shall be provided.

Section 5: Paragraph B of Section 17.11.060 (Affordable Housing Incentives) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.11.060 B. Additional or Alternative Incentives.

At the option of the city, affordable housing incentives in lieu of, or in addition to, a density bonus may be provided. Incentives, both for purposes of mandatory incentives as may be required by Section 17.11.060 A. 1. and for purposes of in-lieu incentives pursuant to this paragraph, include, but are not limited to:

1. A reduction in site development standards or modification of zoning requirements or architectural design requirements which exceed minimum state standards, including modification of setback, parking or lot size requirements;

2. Approval of a mixed use project, if the other uses are compatible with residential development and with other development in the surrounding area;

3. Other regulatory concessions which result in identifiable and actual cost reductions.

Section 6: Paragraph C of Section 17.11.060 (Affordable Housing Incentives) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.11.060. C. Application.

Applicants for density bonuses shall file an application for a density bonus with the director. The application shall specify the total number of dwelling units proposed, the number of low income, very low income, qualifying senior units, and/or condominium units for persons and families of moderate income proposed, proposed rent or price of the units, the location of the units, proposed means of administering the units, and such other information as may be required by the director. If an additional incentive is requested, beyond that required pursuant to Section 17.11.060(A)(1) of this chapter, the feasibility requirements of Section 17.11.080 of this chapter shall also apply. The application shall be accompanied by a fee, to be established by resolution of the city council, to cover the city's cost of reviewing and administering the proposed density bonus project.

Section 7: Section 17.11.070 (Period of Affordability) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.11.070 Period of Affordability

Units required at specified affordability levels shall remain available and affordable for the longest feasible period of time, as determined by the city. However, in no event shall low and very low income units remain available and affordable for a period of less than thirty years where a density bonus, or incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, are provided. Units for qualifying senior residents as defined by Section 17.96.1660 of the Municipal Code, shall remain available to qualifying senior residents for a period of at least fifteen years. Condominium units for persons and families of moderate income shall remain available and affordable for a period of at least ten years.

Section 8: Paragraph D of Section 17.11.080 (Feasibility) of Chapter

17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.11.080 D. Written Findings Required.

1. Approval of a lesser amount of housing affordable to the specified income groups than would otherwise be required under the provisions of Sections 17.11.040 and 17.11.130 of this chapter may be approved by the city council upon written adoption of the following findings:

a. That specific economic, environmental or technical factors render impossible the provision of new dwelling units affordable to low and/or very low income households, pursuant to the requirements of Section 17.11.040 of this chapter, or of replacement units affordable to low and/or moderate income households pursuant to the requirements of Section 17.11.130 of this chapter;

b. That these factors are documented in a feasibility study which has been prepared for the proposed project, which study has been reviewed and approved by the city and is part of the public record for the project.

2. Approval of an applicant’s requested concession or incentive in addition to a density bonus shall be approved by the city council unless, based on substantial evidence including a feasibility study that has been reviewed and approved by the City and is part of the public record for the project, one or both of the following written findings is made:

a. That the concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c) of Section 65915 of the Government Code; or,

b. That the concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate of avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

Section 9: Paragraph F of Section 17.11.080 (Feasibility) of Chapter 17.11 of Title 17 of the Municipal Code is hereby added to read as follows:

17.11.080 F. Waiver or Reduction of Development Standards.

1. Any development standard set forth in the Municipal Code, general plan, any specific plan, condition, policy, law, resolution or regulation that has the effect of precluding the construction of a development meeting the criteria of Section 17.11.060 A. 1. of this chapter shall be waived or modified pursuant to a request from the applicant , except however nothing in this paragraph shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon health, safety, or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this paragraph shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

2. The applicant shall include any request for waiver or reduction of development standards in the application required by Section 17.11.080 B. of this chapter. Further, the study required by Section 17.11.080 C. of this chapter shall study the feasibility of providing affordable housing in a manner that does not require waiver or reduction of the city’s development standards.

Section 10: Section 17.96.550 of Chapter 17.96 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.96.850 Density Bonus.

"Density bonus" means a density increase of at least twenty-five percent over the maximum residential density which would otherwise be allowed under the applicable zoning and general plan designations, "unless a lesser percentage is elected by the applicant, except that for condominium projects that reserve at least twenty percent of the total dwelling units for persons and families of moderate income, "density bonus" means a density increase of at least ten percent, unless a lesser percentage is elected by the applicant.

Section 11: The rights given by any approval granted under the terms of Title 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance shall not be affected by the amendments to Title 17 by this ordinance and shall continue in effect until and unless they are modified, revoked, expired or are otherwise terminated according to the terms of the approval or the terms of Title 17, as they existed prior to the effective date of this ordinance.

Section 12: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all development applications submitted after the effective date of the adoption of said ordinance and to all development applications that have not been deemed complete prior to the effective date of the adoption of said ordinance.

Section 13: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in the manner prescribed by law.

PASSED, APPROVED and ADOPTED this 15th day of July 2003.

 

/s/ Douglas W. Stern

Mayor

Attest:

 

/s/ Jo Purcell

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )ss

CITY OF RANCHO PALOS VERDES )

I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 394 passed first reading on July 1, 2003, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on July 15, 2003, and that the same was passed and adopted by the following roll call vote:

AYES: Clark, Ferraro, Gardiner, McTaggart and Mayor Stern

NOES: None

ABSENT: None

ABSTAIN: None

___________________________

City Clerk