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HomeMy WebLinkAbout87-42 - Lower Income FacilitiesRESOLUTION NO. 87 -42 A RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF NEWPORT BEACH APPROVING THE DENSITY BONUS REQUEST OF MESA DEVELOPMENT COMPANY FOR PURPOSES OF CONSTRUCTING A FIFTEEN UNIT APARTMENT DEVELOPMENT AFFORDABLE TO LOWER INCOME FAMILIES FOR A PERIOD OF THIRTY YEARS, • ACCEPTING THE ENVIRONMENTAL DOCUMENT, AND APPROVING A MODIFICATION TO THE ZONING CODE WHEREAS, an Initial Study and a Negative Declaration have been prepared for the project; and WHEREAS, the City Council of the City of Newport Beach has made a commitment to increase the supply of affordable housing in Newport Beach; and WHEREAS, the Housing Element of the Newport Beach General Plan has established policies pertaining to providing housing opportunities for all economic segments of the City; and WHEREAS, these policies include providing incentives and direct assistance to property owners, within the limitations of available resources; and WHEREAS, Section 65915 of the California Government Code provides for approval of a density bonus for affordable housing developments; and WHEREAS, the Mesa Development Company development provides fifteen units affordable to lower income families for a period of thirty yearsi and WHEREAS, because of the number of units and thirty year term of affordability, this request for a density bonus is reasonable and justified; and WHEREAS, the proposed parking space encroachment into the required front yard setback will, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further, that the proposed modification is consistent with the legislative intent of Tittle 20 of this Code; and WHEREAS, the approval of covered parking spaces on the front one -half of the lot which do not have garage doors and side walls in every case will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further, that the proposed modification is consistent with the legislative intent of Title 20 of this Code.. • NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve that the environmental document is accepted with the following Findings: 1. That the environmental document is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Policy. 2. That the contents of the environmental document have been considered in the various decisions on this project. 3. That in order to reduce adverse impacts of the proposed project, all feasible mitigation measures discussed in the environmental document have been incorporated into the proposed project. 4. That the mitigation measures identified in the Initial Study have been incorporated into the proposed project and are expressed as Conditions of Approval. 5. That based upon the information contained in the Initial Study, Negative Declaration and supportive materials thereto, that if the mitigation measures are incorporated into the project it will not have a significant adverse impact on the environment. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby further resolve that a density bonus is hereby granted to the Mesa Development Company for the proposed fifteen unit rental apartment development at 849 - 15th Street in this City, subject to the following Conditions: 1. That the development shall be in substantial conformance with the approved site plan, floor plan, and elevations. • 2. That the applicant shall enter into an Affordable Housing Agreement, approved as to form and content by the City Attorney and the Planning Director, guaranteeing that a maximum of fifteen units of rental housing shall be constructed on the - 2 - subject property. All fifteen units shall be rented at no more than the HUD Section 8 Fair Market Rent to persons and families earning 80% or less of the Orange County annualized median family income as periodically published by Orange County regardless of family size. All of the fifteen units shall be offered on a preferential basis to • tenants possessing an "active" Section 8 Existing Rental Assistance Certificate or Voucher and currently receiving rental assistance from the Section 8 Existing Rental Assistance Certificate or Voucher Program. Said Affordable Housing Agreement shall be recorded with the Orange County Recorder's Office prior to the issuance of building permits. The term of this agreement shall be for no less than thirty (30) years. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby further resolve that the modification to allow non - enclosed covered parking on the front half of the lot is approved subject to the following Conditions: 1. That the development shall be in substantial conformance with the approved site plan, floor plan, and elevations. 2. That the open parking space within the front yard setback area shall be relocated to another portion of the site. Said new location shall be subject to the approval of the City Traffic Engineer and the Planning Department. 3. That a landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The landscape plan shall integrate and phase the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any structure, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan.) 4. That landscaping shall be regularly maintained free of weeds and • debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 5. That the light system shall be designed, directed, and main- tained in such a manner as -to conceal the light source and to - 3 - minimize light spillage and glare to the adjacent residential uses. The plans shall be .prepared and signed by a Licensed Electrical Engineer, with a letter from the Engineer stating that, in his opinion, this requirement has been met. 6. That the number of parking spaces required by the off - street • parking requirements of the City of Newport Beach (as provided • by the Municipal Code, Title 20, Chapter 20.30) be provided on site. 7. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. 8. The Fire Department access shall be approved by the Fire Department. 9. That all access to the buildings be approved by the Fire Department. 10. That all trash enclosures shall be screened from adjacent properties. 11. That a masonry block wall shall be constructed along the east, west, and south property lines. Said wall shall be six feet in height except for that portion within the required twenty foot front yard setback along 15th Street, where said wall shall be reduced to three feet in height. ADOPTED this 27th day of _ April , 1987. ATTEST: 2�_Ld CITY CLERK AYES Cox, Hart, Maurer, Plummer Sansone, Strauss, Turner NOES RPL /kk CC21 _ 4