ORDINANCE NO. 474 ORDINANCE NO. 474 ORDINANCE NO. 474

ORDINANCE NO. 474


AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING), CHAPTER 17.96 (DEFINITIONS) AND CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF THE CITY’S MUNICIPAL CODE TO CONFORM TO STATE DENSITY BONUS LAWS, TO IMPLEMENT CITY COUNCIL POLICY PERTAINING TO THE LOCATION OF FUTURE AFFORDABLE HOUSING UNITS, TO MAKE CHANGES TO THE SECTION PERTAINING TO AFFORDABLE HOUSING REQUIREMENTS FOR NON-RESIDENTIAL PROJECTS, AND TO PERMIT SECOND DWELLING UNITS IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA THAT IS SERVED BY SANITARY SEWERS.



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, certain provisions of Government Code Section 65915 have been revised by the state legislature that pertain to density bonuses, incentives, and concessions provided to developers for the production of affordable housing; 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, it is necessary to amend 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 Title 17 of the Municipal Code to bring those provisions into conformity with state law; and

WHEREAS, at their July 17, 2007 meeting, the Council provided policy direction to Staff pertaining to the location of future affordable housing units, and directed Staff to make changes to Chapter 17.11 to implement said policy; and

WHEREAS, on February 28, 2008, 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 April 8, 2008, 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 Nos. 2008-14 and 2008-15 forwarding its recommendations to the City Council for its consideration; and

WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the approval of ZON2008-00161 would result in a significant adverse effect upon the environment and, therefore, a Negative Declaration has been prepared and notice of same was given in the manner required by law; and

WHEREAS, the Initial Study was prepared on February 22, 2008 and distributed for circulation and review from February 25, 2008 through March 28, 2008; and

WHEREAS, copies of the draft Negative Declaration were distributed to the City Council, and prior to taking action on the proposed Municipal Code Amendments, the City Council independently reviewed and considered the information and findings contained in the Negative Declaration and determined that the document was prepared in compliance with the requirements of CEQA and local guidelines, with respect thereto; and

WHEREAS, on May 31, 2008, a notice of a public hearing on this code amendment was published in the Palos Verdes Peninsula News; and

WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the City Council held a duly noticed public hearing on June 17, 2008, at which time all interested parties were given an opportunity to be heard and present evidence;

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, Chapter 17.96 and Chapter 15.20 of the Municipal Code.

Section 2: The City Council finds that there will be no significant land use or planning impacts associated with this project.

Section 3: The City Council finds that there will be no significant exposure to geological risks, nor any significant impacts to water resources, air quality, transportation/circulation, biological resources, energy and mineral resources, no significant hazardous conditions created, no significant noise impacts, no significant impacts to public services, no significant impacts to utilities and service systems, no significant aesthetic impacts, and no significant impacts to cultural and recreational resources, as a result of the proposed project.

Section 4: The City Council finds that the amendments to Title 17 and Title 15 of the Municipal Code are necessary to preserve the public health, safety, and general welfare in the area.

Section 5: Section 17.11.020 (Applicability) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.11.020 Applicability.

The requirements of this chapter shall apply to all applications which will result in the creation of five or more dwelling units or residential lots, including but not limited to, applications for a tentative tract map, parcel map, conditional use permit, coastal permit, building permit or other development entitlement. Where an initial project consists of four or fewer units, and application is made within three years of the initial project approval to further subdivide or expand the initial project such that the total number of dwelling units or residential lots is equal to five or more, this chapter shall apply.

The requirements of this chapter shall also apply to all applications for demolition or conversion of three or more dwelling units in the coastal specific plan district described in Chapter 17.72 (Coastal Permits), as specified in Section 17.11.130 of this chapter. Where an initial project consists of two or fewer units, and application is made within three years of the initial project approval to further subdivide or expand the initial project such that the total number of dwelling units or residential lots is equal to three or more, this chapter shall apply.

The requirements of this chapter shall also apply to any development project that has been approved prior to adoption of this chapter, which contains a condition requiring the provision of affordable housing.

This chapter shall further apply to conversion of existing residential rental projects to condominium or stock cooperative ownership at any location in the city.

No residents may be evicted for the purpose of avoiding the requirements of this section. Where residents have been evicted in the twelve months prior to filing an application listed in this section, a presumption of avoidance shall be made, unless evidence to the contrary is submitted to, and approved by, the city.

Section 6: Section 17.11.040 (Affordable Housing Requirements) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.11.040 Affordable housing requirement.

A. Number of Affordable Units Required. Except as provided for in Section 17.11.030 of this chapter, new residential development of five or more dwelling units shall be required to dedicate up to five percent of all units as affordable to very low income households or dedicate up to ten percent of all units as affordable to low income households. Where a mixture of affordability levels is provided, each very low-income affordable unit shall be weighted such that it is equivalent to two low-income affordable units, resulting in a total weighted count equal to ten percent of total units. The units provided pursuant this dedication requirement 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. Except where it has been demonstrated not to be feasible, 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.

Prior to the time the affordable units become available for sale or rent, certificates of occupancy shall not be issued for more than fifty percent of the units in the project nor shall more than fifty percent of the individual lots be sold in cases where a tract map is involved. For phased developments, the provision of the affordable units shall also be phased, proportionate to the size of each development phase.

B. Location of Affordable Housing Units.

1. On-site Location. The affordable units shall be provided on-site as part of the new residential development, unless the project applicant that is required to provide said units proves to the City Council that providing said units on site shall render the project infeasible.

2. Off-site Location. If, as stated above in Section 17.11.040(B)(1), the project applicant files a request supported by a feasibility study conforming to the requirements set forth in Section 17.11.080, and the City Council makes a finding pursuant to Section 17.11.080(D)(5) that on-site units would render the project infeasible, the project applicant may then provide said units off-site provided that:

a. The off-site unit would not cause the existing development wherein the off-site unit is to be located to exceed the minimum number of affordable housing units required pursuant to Section 17.11.040(A) if the development were considered a new development. For the purposes of this section, “existing development” shall mean a Tract of residential homes (either condominium, townhome, single-family detached or single-family attached) or an existing residential apartment development; and

b. The off-site unit is not within an existing development of less than 5 residential units; and

c. The off-site unit is a newly constructed unit, unless the following occurs:

1) the project applicant files a request supported by a feasibility study conforming to the requirements set forth in Section 17.11.080, and the City Council makes a finding pursuant to Section 17.11.080(D)(3) that said off-site unit provided as a “new” construction unit would render the project infeasible and thus “conversion units” may be provided. “Conversion unit” shall mean an existing developed market-rate unit that has been converted to an affordable housing unit and meets all applicable requirements of Chapter 17.11; and

2) the City Council determines that in meeting its affordable housing construction needs per the Regional Housing Needs Assessment as described in the City’s current General Plan Housing Element, there are per the requirements of State Law a sufficient number of “conversion units” available to allow the project applicant to utilize one of the limited number of “conversion units” available to the City in meeting its affordable housing construction need. In determining whether there is a sufficient number of “conversion units” available, the City Council shall first consider the City’s own needs and/or plans to utilize any available “conversion units”, then secondly, shall consider any existing agreements/approvals from the City to allow other applicants the ability to utilize a “conversion unit”. If after considering these two priority positions, there are still available “conversion units”, then the City Council may grant the project applicant the use of any remaining “conversion units” available.

C. Timing of providing Affordable Housing Units. Prior to the time the affordable units become available for sale or rent, certificates of occupancy shall not be issued for more than fifty percent of the units in the project nor shall be more than fifty percent of the individual lots sold in cases where a tract map is involved. For phased developments, the provision of the affordable units shall also be phased, proportionate to the size of each development phase.

Section 7: 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:

Section 17.11.060 Affordable housing incentives.

A. Density Bonus.

1. A density bonus, as defined in Section 17.96.550 of the Municipal Code, shall be provided by the city when a developer of a housing development consisting of five or more dwelling units agrees to construct that housing development to contain at least any one of the following:

a. Ten percent of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code.

b. Five percent of the total units of a housing development for very low-income households, as defined in Section 50105 of the Health and Safety Code.

c. A senior citizen housing development as defined in Sections 51.3 of the Civil Code, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

d. Ten percent of the total dwelling units in a common interest development as defined in Section 1351 of the Civil Code for persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

2. In calculating the percentage of units for either a density bonus or an increase in a density bonus, the following shall apply:

a. The units resulting from the density bonus shall be excluded from the calculation when determining the number of affordable housing units for each income level.

b. The units set aside as affordable for very low income households or low income households, or both, that are required pursuant to Section 17.11.040 of this chapter, shall be counted as part of the total units or total dwelling units in the housing development, however, those Section 17.11.040 units shall not be counted as units reserved for very low income households or lower income households, or both, for purposes of calculating whether a developer qualifies for a density bonus or an increase in a density bonus.

c. The residential units do not have to be based upon individual subdivision maps or parcels.

3. The amount of density bonus to which the developer is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subparagraph (a), (b), (c), or (d) of Section 17.11.060(A)(1). The applicant may elect to accept a lesser percentage of density bonus. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. The density bonus shall be calculated as follows:

a. For housing developments meeting the criteria of Section 17.11.060(A)(1)(a), the density bonus shall be twenty percent (20%). For each one percent (1%) increase in the number of affordable units above the initial ten percent (10%) threshold of units affordable to lower income households, the density bonus shall be increased by one and one-half percent (1.5%) up to a maximum of thirty-five percent (35%).

b. For housing developments meeting the criteria of Section 17.11.060(A)(1)(b), the density bonus shall be twenty percent (20%). For each one percent (1%) increase in the number of affordable units above the initial five percent (5%) threshold of units affordable to lower income households, the density bonus shall be increased by two and one-half percent (2.5%) up to a maximum of thirty-five percent (35%).

c. For housing developments meeting the criteria of Section 17.11.060(A)(1)(c), the density bonus shall be 20 percent (20%).

d. For housing developments meeting the criteria of Section 17.11.060(A)(1)(d), the density bonus shall be twenty percent (20%). For each one percent (1%) increase in the number of affordable units above the initial ten percent (10%) threshold of units affordable to persons and families of moderate income, the density bonus shall be increased by one percent (1%) up to a maximum of thirty-five percent (35%).

e. A housing development may meet the criteria for more than one density bonus, and those density bonuses may be combined, but in no event shall the total density bonus for a housing development exceed thirty-five percent (35%).

f. For housing developments that will contain a mixture of units restricted by income level, but which will not meet the specified criteria to qualify for a density bonus in each income category, if the development qualifies under one category pursuant to subparagraph (a), (b), or (d) of Section 17.11.060(A)(1) (the “qualifying category”), the developer may elect to add the percentages of qualifying and nonqualifying affordable housing units together and apply that percentage to the formula for the highest income units that will be built in order to calculate the density bonus.

g. All density calculations resulting in fractional units shall be rounded up to the next whole number.

4. The affordable housing 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.

5. The affordable housing 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.

6. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.

B. Condominium Conversion. In lieu of Section 17.11.060(A) of this chapter, an applicant may elect, at the time of the application, to have the density bonus governed by this subsection (B) if the housing development is eligible for a density bonus pursuant to this subsection.

1. Where an applicant for a conversion of an apartment project to a condominium project, as defined in subdivision (f) of Section 1351 of the Civil Code, agrees to provide at least thirty-three percent of the total proposed condominium units to persons and families of low and moderate income as defined in Section 50093 of the Health and Safety Code, or at least fifteen percent of the total units of the proposed condominium project to lower income households as defined in Section 50079.5 of the Health and Safety Code, and agrees to pay reasonably necessary administrative costs incurred by the city, the city shall either grant a density bonus, or provide other incentives of equivalent financial value pursuant to Section 17.11.060(E). The city shall determine whether a density bonus or an incentive is provided, and at the city’s sole discretion, may provide both a density bonus and an incentive.

2. For the purpose of this subsection (B),

a. “density bonus” means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures to be converted.; and,

b. “other incentives of equivalent financial value” shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements that the city might otherwise apply as conditions of conversion approval.

3. The units shall be sold only to households whose income is at a level that does not exceed the required affordability level of the unit. Except where it has been demonstrated not to be feasible, the affordable housing units shall be similar in appearance, configuration and amenities to the market rate units in the proposed project.

4.

An applicant for approval to convert apartments to a condominium project may submit a preliminary proposal pursuant to this subsection (B) prior to the submittal of any formal requests for subdivision map approvals pursuant to the requirements of Title 16 of this Code. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this subsection.

5. An apartment project originally developed with a density bonus or other incentive pursuant to Section 17.11.060(A)(1) or Section 17.11.060(E) of this chapter, shall not be eligible for a further density bonus or incentive under this subsection.

6. Nothing in this Section shall be construed to require the city to approve a proposal to convert apartments to condominiums.

C. Land Donation.

1. When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, the applicant shall be entitled to a density bonus pursuant to Section 17.11.060(C)(2), if all of the following conditions are met:

a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households as defined in Section 50105 of the Health and Safety Code in an amount not less than ten percent (10%) of the number of residential units of the proposed development.

c. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable housing units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 of the Government Code if the design is not reviewed by the city prior to the time of transfer.

d. The transferred land and the affordable housing units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.11.070(A), which shall be recorded on the property at the time of dedication.

e. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer.

f. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

2. For land donations meeting the criteria of Section 17.11.060(C)(1), the applicant shall be entitled to a fifteen-percent (15%) increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire development. For each one percent (1%) increase in the number of affordable units above the initial ten percent (10%) threshold of units affordable to very low income households, the density bonus shall be calculated by adding five percent (5%) to the percentage of units affordable to very low income households, up to a maximum of thirty five percent (35%).

3. This increase shall be in addition to any increase in density mandated by Section 17.11.060(A), up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required pursuant to this subsection (C), and Section 17.11.060(A). All density calculations resulting in fractional units shall be rounded up to the next whole number.

D. Child Care Facility.

1. When an applicant proposes to construct a housing development that conforms to the requirements of Section 17.11.060(A)(1) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant the applicant one of the following:

a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

b. An additional concession or incentive as set forth in Section 17.11.060(E) that contributes significantly to the economic feasibility of the construction of the childcare facility. The city is not required to grant the requested additional concession or incentive if written findings are made pursuant to Section 17.11.080(D)(2).

2. The following conditions shall be imposed prior to approving the housing development:

a. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 17.11.070 of this chapter.

b. Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required pursuant to Section 17.11.060(A) for very low income households, lower income households, or families of moderate income.

3. Notwithstanding any other provision of this subsection (D), the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

E. Incentives or Concessions.

1. The applicant for a density bonus shall receive the following number of incentives or concessions, in addition to the density bonus provided pursuant to Section 17.11.060(A), unless the city makes written findings pursuant to Section 17.11.080(D)(2) of this chapter:

a. One incentive or concession for projects that include at least ten percent (10%) of the total units for lower income households, at least five percent (5%) for very low income households, or at least ten percent (10%) for persons and families of moderate income in a common interest development.

b. Two incentives or concessions for projects that include at least twenty percent (20%) of the total units for lower income households, at least ten percent (10%) for very low income households, or at least twenty percent (20%) for persons and families of moderate income in a common interest development.

c. Three incentives or concessions for projects that include at least thirty percent (30%) of the total units for lower income households, at least fifteen percent (15%) for very low income households, or at least thirty percent (30%) for persons and families of moderate income in a common interest development.

2. Affordable housing incentives or concessions include, but are not limited to:

a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.

b. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

c. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable, financially sufficient, and actual cost reductions.

3. An applicant may request incentives in addition to the mandatory incentives or concessions provided pursuant to this Section 17.11.060, or incentives in-lieu of a density bonus. The city may grant, at its sole discretion, such additional or in-lieu incentives.

4. This subsection (E) does not limit or require the provision of direct financial incentives for the housing development by the city, including the provision of publicly owned land, or the waiver of fees or dedication requirements.

5. If any incentive or concession is granted pursuant to another provision of the Municipal Code other than Section 17.11.060, or prior to applying for a density bonus, each such incentive or concession shall be counted as one of the incentives or concessions required pursuant to Section 17.11.060.

F. Parking Ratio.

1. In the event an applicant requests a reduced vehicular parking ratio pursuant to this subsection (F), the city shall grant the following vehicular parking ratio, inclusive of handicapped and guest parking, if the development qualifies for a density bonus pursuant to Section 17.11.060(A)(1):

a. Zero to one bedroom: one onsite parking space.

b. Two to three bedrooms: two onsite parking spaces.

c. Four and more bedrooms: two and one-half parking spaces.

2. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection (F), a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on-street parking.

3. An applicant may request additional parking incentives or concessions as provided in Section 17.11.060(E).

G. Application. Applicants for density bonuses shall file an application for a density bonus with the director at the time when the initial application for the project is filed. The application shall specify the following information for the proposed housing development: the total number of dwelling units, the number of units for lower income households, the number of units for very low income, households, the number of qualifying senior units, the number of common interest development units for persons and families of moderate income, the rent or price of the units, the location of the units, and the means of administering the units. The application shall also specify such other information as may be required by the director. The applicant shall designate whether the density bonus is requested on the basis of subparagraphs (a), (b), (c), or (d), of Section 17.11.060(A)(1). If an additional incentive is requested, beyond that required pursuant to Section 17.11.060, or if an in-lieu incentive is requested, the feasibility study 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. Any request for a density bonus or additional affordable housing incentive or concession, which is submitted after the time when the initial project application is submitted, shall be considered to be a major revision to the project and shall be treated as a new application.

H. If a housing development is eligible for any density bonus, incentive, concession, waiver or reduced parking ratio pursuant to this Section 17.11.060 (a “bonus”), when Sections 17.11.070, 17.11.080, 17.11.110, and 17.11.120 of this chapter are applied to that housing development for any purpose related to a bonus, or for any purpose related to the affordable housing units that make the housing development eligible for a bonus, the definitions of the terms “low income,” “moderate income,” and “very low income,” as defined in Sections 17.96.960, 17.96.970, and 17.96.980, shall not apply, and the phrases “low income households,” “very low income households,” “persons and families of low or moderate income,” and “persons and families of moderate income” shall have the meaning assigned to those phrases by this Section 17.11.060.

Section 8: 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:

Section 17.11.070 Period of affordability.

A. Units required at specified affordability levels shall remain available and affordable for the longest feasible period of time, as determined by the city. However, where a density bonus, or incentives or concessions of equivalent financial value based upon the land cost per dwelling unit, are provided, units of a housing development for lower income households, very low income households, or persons and families of low and moderate income, shall remain available and affordable for a period of at least thirty years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. In no event may a housing development be converted to a common interest development as defined in Section 1351 of the Civil Code for a period of thirty years from first occupancy if the housing development includes affordable housing units for rent.

1. Rents for the units for lower income households or very low-income households shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code.

2. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code.

B. Notwithstanding the provisions of Section 17.11.070(A), the following shall apply to Section 17.11.060(A)(1)(d) units:

1. The initial occupant of the moderate-income units that are directly related to the receipt of the density bonus in the common interest development, as defined in Section 1351 of the Civil Code, shall be persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, and the units shall be offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code. An equity-sharing agreement shall be entered into for each unit, unless such an agreement is in conflict with the requirements of another public funding source or law.

2. The following shall apply to the equity-sharing agreement:

a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

b. For purposes of this subsection (B), the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

c. For purposes of this subsection (B), the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

3. In lieu of the provisions of Section 17.11.070(B)(1), where there is a direct financial contribution to a housing development through the city’s participation in cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, low- and moderate-income units shall remain available and affordable for thirty years, and the equity sharing agreement shall specify the mechanisms and procedures necessary to carry that out.

C. A senior citizen housing development as defined in Sections 51.3 of the Civil Code, or mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, shall remain available to qualifying senior residents for a period of at least fifteen years.

Section 9: Paragraphs A, B, C and D of Section 17.11.080 (Feasibility) of Chapter 17.11 of Title 17 of the Municipal Code are hereby amended to read as follows:

17.11.080 Feasibility

A. Applicability. A feasibility study shall be required when:

1. Provision of units affordable to low and very low-income households in accordance with Section 17.11.040 of this chapter is not contemplated;

2. An existing development in the coastal specific plan district meets the criteria of Section 17.11.130 of this chapter and the provision of replacement units affordable to low and moderate income households is not contemplated;

3. A developer has requested one or more incentives or concessions in addition to the density bonus, pursuant to Section 17.11.060 of this chapter; or

4. A developer has requested to pay a fee in lieu of providing affordable housing units pursuant to Section 17.11.050; or

5. A developer has requested to provide required affordable housing units per Section 17.11.040 as off-site units; or

6. A developer has requested that proposed off-site units be “conversion units” as opposed to newly constructed units; or

7. A developer has requested one or more waivers or reductions of development standards pursuant to Section 17.11.080(F).

B. Application.

1. Submission of a feasibility study per subsections (A)(1) through (A)(3) of this section shall be as follows: The applicant shall deposit with the city a fee adequate to compensate for the cost of the study in addition to an administrative fee at a level to be established by resolution of the city council. The applicant shall provide a project proforma, data regarding existing rents and existing tenant income for existing residential projects to be converted or demolished, and any other information deemed necessary by the director. The application package shall not be deemed complete until the feasibility study is completed to the satisfaction of the director.

2. Submission of a feasibility study pursuant to subsection (A)(4) shall be as follows: The applicant shall submit a letter requesting to pay a fee in lieu of providing one or more affordable units and shall deposit with the city a fee to cover the costs of reviewing and processing such request at a level to be established by resolution of the city council. The letter shall include the reason(s) why the request is being made, address all of the items noted in subsection (C)(2), and describe how the request satisfies the finding set forth in subsection (D)(3). Additionally, the applicant shall provide a project proforma, and/or any other information deemed necessary by the director.

3. Submission of a feasibility study pursuant to subsection (A)(5) of this section shall be as follows: The applicant shall submit a letter requesting to provide required affordable housing units as off-site units instead of on-site units and shall deposit with the city a fee to cover the costs of reviewing and processing such request at a level to be established by resolution of the city council. The letter shall include the reason(s) why the request is being made, address all of the items noted in subsection (C)(3), and describe how the request satisfies the finding set forth in subsection (D)(5). Additionally, the applicant shall provide a project proforma, and/or any other information deemed necessary by the director.

4. Submission of a feasibility study pursuant to subsection (A)(6) of this section shall be as follows: The applicant shall submit a letter requesting to provide required affordable housing units off-site as “converted units” instead of newly constructed units and shall deposit with the city a fee to cover the costs of reviewing and processing such request at a level to be established by resolution of the city council. The letter shall include the reason(s) why the request is being made, address all of the items noted in subsection (C)(4), and describe how the request satisfies the finding set forth in subsection (D)(5). Additionally, the applicant shall provide a project proforma, and/or any other information deemed necessary by the director.

C. Study Contents. The study shall examine the feasibility of providing affordable units in accordance with Sections 17.11.040 and 17.11.130 of this chapter, as applicable. Additionally:

1. If an application has been filed for an affordable housing incentive or concession in addition to a density bonus, the study shall examine the feasibility of providing the affordable housing without the additional affordable housing incentive. If this is demonstrated not to be feasible, the study shall examine other affordability scenarios at the discretion of the director. These may include the feasibility of providing fewer units affordable to low and very low-income households and units affordable to progressively higher income households, as approved by the director;

2. If an application has been filed requesting to pay a fee in lieu of providing affordable housing units, then the feasibility study shall evaluate:

a. The specific economic, environmental or technical factors that may render infeasible the provision of any or all new affordable units required pursuant to Section 17.11.040 of this chapter;

b. The impacts to the development project if the city council denies the applicant’s request to pay a fee in lieu of providing affordable housing as part of the development;

c. The project’s profit margin if the applicant is required to provide affordable units compared to the profit margin if the applicant is allowed to pay the in-lieu fees; and

d. The feasibility of providing some, but not all, of the required affordable housing units, with payment of in-lieu fees paid for the units not provided.

3. If an application has been filed requesting to provide affordable housing units off-site as opposed to providing them on-site as part of the project development, then the feasibility study shall evaluate:

a. The specific economic, environmental or technical factors that may render infeasible the provision of affordable units on-site as part of the project development;

b. The impacts to the development project if the city council denies the applicant’s request to provide units off-site as opposed to on-site;

c. The project’s profit margin if the applicant is allowed to provide the units off-site compared to the profit margin if the applicant is required to provide the units on-site;

d. The feasibility of providing some, but not all, of the required affordable housing units on-site.

4. If an application has been filed requesting that a required affordable housing unit that is to be provided off-site be a “conversion unit” as opposed to a newly constructed unit, then the feasibility study shall evaluate:

a. The specific economic, environmental or technical factors that may render infeasible the provision of a newly constructed unit as opposed to a “conversion unit”;

b. The impacts to the development project if the city council denies the applicant’s request to provide a “conversion unit” as opposed to a newly constructed unit;

c. The project’s profit margin if the applicant is required to provide a newly constructed unit compared to the profit margin if the applicant is permitted to provide a “conversion unit”;

d. The feasibility of providing some, but not all, of the required affordable housing units as newly constructed units.

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 adoption of the following findings:

a. That specific economic, environmental or technical factors render infeasible 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 required pursuant to Section 17.11.060, or a waiver or modification of development standards in addition to a density bonus or both 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 or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

3. Approval of an applicant’s request to pay a fee in lieu of providing affordable housing units shall be approved by the city council provided the following finding is made:

a. Specific economic, environmental or technical factors render infeasible the provision of any or all of the new affordable units required pursuant to Section 17.11.040 of this chapter.

4. Approval of an applicant’s request pursuant to Section 17.11.060 E.3. for one or more concessions or incentives that are in addition to mandatory concessions required pursuant to Section 17.11.060 E.1. may be granted if the findings of paragraph D.2. of this Section 17.11.080 are made. However, the fact that these findings can be made shall not be construed to require approval of the additional requested concessions or incentives.

5. Approval of an applicant’s request to provide affordable housing units off-site of the project site, and/or to provide any off-site affordable housing units as “conversion units” as opposed to newly constructed units shall be approved by the city council provided the following finding is made:

a. Specific economic, environmental or technical factors render infeasible the provision of any or all of the new affordable housing units required pursuant to Section 17.11.040 of this chapter as being constructed on-site and therefore warrants the provision of said required units off-site; and/or

b. Specific economic, environmental or technical factors render infeasible the provision of any or all of the new off-site affordable housing units required pursuant to Section 17.11.040 of this chapter as being newly construction units, and therefore warrant the provision of “conversion units”.

Section 10: Section 17.11.090 (Agreement) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

Section 17.11.090 Agreement.

The applicant shall sign an agreement binding the property owner and his/her successors in interest to provide the agreed upon number of units as affordable units or affordable housing units for the time prescribed, and agreeing to other conditions governing the affordable units or affordable housing units as may be required by ordinance or by the planning commission or city council. These conditions may address unit configuration and size, reporting requirements, city processing fees for unit monitoring or such other matters that may be deemed appropriate by the city council.

The agreement shall be recorded against the property subject to the affordability requirement prior to the recordation of a tract or parcel map or issuance of any certificate of occupancy for the project subject to the original application. Should the applicant or his/her successors in interest fail to abide by the terms of the agreement, the city shall have the authority to revoke certificates of occupancy and/or place liens against the properties involved, in addition to any other remedy allowed by law.

Section 11: Section 17.11.110 (Reporting) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

Section 17.11.110 Reporting.

Where the units are provided as rental units, the applicant or his/her successor in interest shall provide an annual report to the city documenting that rents and tenant incomes are in accord with the agreement.

Where the units are provided as for-sale units, the purchaser of the unit who qualified as a lower income household, very low income household, person and family of low and moderate income, or persons and families of moderate income, shall annually certify that he/she continues to own the unit and document that the unit is owner occupied or rented to tenants whose incomes are in accordance with the agreement. The seller shall notify the director by certified mail of any change in property title, prior to completion of escrow.

Section 12: Section 17.11.120 (Resale) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:

Section 17.11.120 Resale.

When the for-sale units for lower income households, very low income households, persons and families of low and moderate income, or persons and families of moderate income are sold, the units shall be sold for no more than the affordability level specified in the agreement. All sales commissions, escrow fees and other property transfer costs shall be the responsibility of the seller and/or buyer. The units shall be sold to households whose income does not exceed the affordability level specified in the agreement, subject to the review and approval of the director. The new buyer of the unit shall provide documentation of income level to the director prior to entering escrow.

Section 13: Section 17.11.140 is hereby amended to read as follows:

Section 17.11.140 Affordable housing requirements for nonresidential projects.

A. Applicability. The requirements of this section shall apply to all applications for construction, expansion or intensification of nonresidential uses, including, but not limited to, applications for commercial projects, golf courses, private clubs and institutional developments. Applications to which this section applies include, but are not limited to, applications for a tentative tract map, parcel map, conditional use permit, coastal permit, building permit or other development entitlement whereby more than thirty new full-time and/or part-time jobs are created in the city; or more than ten thousand square feet of space will be created or converted. This requirement shall apply to any jobs or space created or converted within any twelve -month period.

B. Exemptions. The following developments shall be exempt:

1. Mixed use developments containing at least one low or very low-income affordable housing unit for every ten low or moderate income employees anticipated to be generated, or for every five thousand square feet of nonresidential space. The residential units shall be available for occupancy within one year of occupancy of the first nonresidential space within the project;

2. Projects where the applicant has agreed to provide at least one low or very low income affordable housing unit for every ten low or moderate income employees anticipated to be generated, or for every five thousand square feet of nonresidential space either on the site, if residential uses are allowed or conditionally allowed on the site, or at another location in the city. The residential units shall be available for occupancy within one year of occupancy of the first nonresidential space within the project;

3. Projects where the applicant has demonstrated to the satisfaction of the city that less than ten employment opportunities for persons of low or very low income would be created;

4. Projects where the city finds the provision of affordable units to be infeasible pursuant to Section 17.11.080 of this chapter;

5. The reconstruction of any structure that has been destroyed by fire, flood, earthquake or other act of God or nature.

C. Fee Required. With the exception of development exempted pursuant to Section 17.11.140(B) of this chapter, and except where it has been demonstrated not to be feasible pursuant to Section 17.11.080 of this chapter, developers of nonresidential development shall pay a residential impact fee to be set by resolution of the city council. The fee shall be adequate to provide one low or very low-income affordable housing unit for each ten employees to be generated by the project. The fee per affordable unit to be provided shall be equal to the difference between the median value of market rate housing and the price affordable to low or very low-income households. The fee shall be paid prior to issuance of a certificate of occupancy.

D. Number of Employees Determination. For the purpose of determining the anticipated number of new employees to be generated by a new development, typical employee generation rates for other, similar businesses shall be submitted by the applicant to the city. Where a new development replaces a previously existing nonresidential use, and replacement is commenced within twelve months, credit shall be given for the number of employees employed by the previously existing use.

E. Rebate of Fees. If, within one year after the nonresidential project is fully occupied, evidence is submitted to the director that fewer employees have been generated, or that the employees are in higher income groups than had been anticipated, a portion of the residential impact fees may be rebated. Evidence to be submitted may include, but is not limited to, W-2 forms for all employees working within the project.

F. Administration. Nonresidential projects shall comply with the provision of Sections 17.11.080 (Feasibility); 17.11.090 (Agreement); 17.11.100 (Tenant/owner qualification); 17.11.110 (Reporting); and Section 17.11.120 (Resale) of this chapter.

Section 14: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended by adding new Section 17.96.365 (Child Care Facility) thereto to read as follows:

17.96.365 Child care facility.

"Child care facility," means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

Section 15: Section 17.96.550 (Density Bonus) of Chapter 17.96 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.96.550 Density bonus.

“Density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the City.

Section 16: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended by adding new Section 17.96.555 (Density, Maximum Allowable Residential) thereto to read as follows:

17.96.555 Density, maximum allowable residential.

"Maximum allowable residential density" means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project.

Section 17: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended by adding new Section 17.96.575 (Development, Housing) thereto to read as follows:

17.96.575 Development, housing.

“Housing development” means one or more groups of projects for residential units constructed in the planned development of the city. For the purposes of chapter 17.11, "housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the Civil Code, approved by the city, and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4 of the Government Code, where the result of the rehabilitation would be a net increase in available residential units.

Section 18: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended by adding new Section 17.96.585 (Development Standard) thereto to read as follows:

17.96.585 Development standard.

"Development standard" includes site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation.

Section 19: Section 17.96.1660 (Senior Resident, Qualifying) of Chapter 17.96 of Title 17 of the Municipal Code is hereby amended to read as follows:

17.96.1660 Senior resident, qualifying.

“Qualifying senior resident” means a resident meeting the definition of Section 51.3of the California State Civil Code, specifically, an individual at least sixty-two years of age or an individual at least fifty-five years of age residing in a senior citizen housing development of at least thirty-five dwelling units.

Section 20: Chapter 17.96 of Title 17 of the Municipal Code is hereby amended by adding new Section 17.96.2125 (Units, Affordable Housing) thereto to read as follows:

17.96.2125 Units, affordable housing.

“Affordable housing units” means units in a housing development that are subject to occupancy restrictions based upon the income of the occupants or owner, or both.

Section 21: Section 17.96.2140 (Unit, Low Income) of Chapter 17.96 of Title 17 of the Municipal Code is hereby revoked.

Section 22: Section 17.96.2170 (Unit, Very Low Income) of Chapter 17.96 of Title 17 of the Municipal Code is hereby revoked.

Section 23: Paragraphs H and K of Section 15.20.040 (Exceptions) of Chapter 15.20 of Title 15 of the Municipal Code are hereby amended to read as follows:

Section 15.20.040 Exceptions

H. Minor projects on a lot that is in the “landslide moratorium area,” as outlined in red on the landslide moratorium map on file in the director’s office, and currently is developed with a residential structure or other lawfully existing nonresidential structure and involves an addition to an existing structure, enclosed patio, conversion of an existing garage to habitable space or construction of a permanent attached or detached accessory structure and does not exceed a cumulative project(s) total of one thousand two hundred square feet per parcel; provided that a landslide moratorium exception permit is approved by the director and provided that the project complies with the criteria set forth in Section 15.20.050 and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The one thousand two hundred square foot limitation on cumulative projects that can be approved on a lot pursuant to this subsection includes the construction of a new garage, which can be approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for determining the baseline square footage, based upon city and county building permit records, for purposes of calculating the square footage of any cumulative project(s) and of any additions that may be constructed pursuant to this subsection. Minor projects involving the construction of an enclosed permanent detached accessory structure, which are located in an area that is not served by a sanitary sewer system, shall include a requirement that a use restriction covenant, in a form acceptable to the city, that prevents the enclosed permanent detached accessory structure from being used as a separate dwelling unit shall be recorded with the Los Angeles County register-recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide moratorium exception permit for such minor projects, the applicant shall submit to the director any geological or geotechnical studies reasonably required by the city to demonstrate to the satisfaction of the city geotechnical staff that the proposed project will not aggravate the existing situation;

K. Minor projects on a lot that is in the “landslide moratorium area,” as outlined in blue on the landslide moratorium map on file in the director’s office, and currently is developed with a residential structure or other lawfully existing nonresidential structure and involves an addition to an existing structure, enclosed patio, conversion of an existing garage to habitable space or construction of a permanent attached or detached accessory structure and does not exceed a cumulative project(s) total of one thousand two hundred square feet per parcel; provided that a landslide moratorium exception permit is approved by the director and provided that the project complies with the criteria set forth in Section 15.20.050 and does not include any additional plumbing fixtures, unless the lot is served by a sanitary sewer system. The one thousand two hundred square foot limitation on cumulative projects that can be approved on a lot pursuant to this subsection includes the construction of a new garage, which can be approved pursuant to subsection L of this section. November 5, 2002, is the date that shall be used for determining the baseline square footage, based upon city and county building permit records, for purposes of calculating the square footage of any cumulative project(s) and of any additions that may be constructed pursuant to this subsection. Minor projects involving the construction of an enclosed permanent detached accessory structure, which are located in an area that is not served by a sanitary sewer system, shall include a requirement that a use restriction covenant, in a form acceptable to the city, that prevents the enclosed permanent detached accessory structure from being used as a separate dwelling unit shall be recorded with the Los Angeles County register-recorder. Such covenant shall be submitted to the director prior to the issuance of a building permit. Prior the approval of a landslide moratorium exception permit for such minor projects, the applicant shall submit to the director any geological or geotechnical studies reasonably required by the city to demonstrate to the satisfaction of the city geotechnical staff that the proposed project will not aggravate the existing situation;

Section 24: The rights given by any approval granted under the terms of Titles 15 or 17 of the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance shall not be affected by the amendments to Titles 15 or 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 Titles 15 and 17, as they existed prior to the effective date of this ordinance.

Section 25: 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. The amendments to Title 15 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all development applications received by the City, whether they are submitted prior to or after the effective date of the adoption of said ordinance.

Section 26: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective.

Section 27: Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance and shall cause this Ordinance and the City Clerk’s certification, together, to be entered in the Book of Ordinances of the Council of this City.

Section 28: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this 15th day of July, 2008.
/s/ Douglas W. Stern
Mayor

ATTEST:
/s/ Carla Morreale
City Clerk

State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )

I, Carla Morreale, 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; the foregoing Ordinance No. 474, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on July 15, 2008, and that the same was passed and adopted by the following roll call vote:

Ayes: Clark, Gardiner, Long, Wolowicz, and Mayor Stern

Noes: None

Absent: None

Abstain: None

______________________________

City Clerk