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HomeMy WebLinkAbout17 - Housing Element Implementation Annual Progress ReportCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 October 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Brandon Nichols, Assistant Planner (949) 644 -3234, bnichols @city.newport- beach.ca.us SUBJECT: Housing Element Implementation - Annual Progress Report RECOMMENDATION: Review, file and forward the Annual Housing Element Implementation Report to the State Department of Housing and Community Development. DISCUSSION: California Government Code Section 65400 requires the City to file an annual report every October to its "legislative body," the State Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD). The report is required to provide information on the status of the General Plan and the City's progress in implementing its programs as well as its progress in meeting regional housing needs goals. The City must also report on its efforts to remove governmental constraints to the maintenance, improvement, and development of housing for all income levels. Since the comprehensive update of Newport Beach General Plan will not be complete until the election in November, an annual review of the entire General Plan is not required at this time. Consistent with the guidelines from OPR, the City will submit a brief letter to the State describing the scope of the General Plan Update and its anticipated completion date. Housing Element Implementation Annual Progress Report October 24, 2006 As required by State Housing Element law, staff has completed a detailed Housing Element Implementation Report which provides the following information: (A) a review of the City's progress in fulfilling its share of the Regional Housing Needs Assessment; (B) a complete detailed status report on the implementation. of each of the housing programs of the City's Housing Plan; and (C) a review of actions and programs adopted to remove or mitigate governmental constraints on the development of housing for all income levels. Since the City is in the midst of updating its General Plan, the report contains an additional section that discusses the options for future residential development that are being considered as part of the General Plan Update (D). The Planning Commission reviewed the attached report at their meeting of October 5, 2006 and recommended minor language changes in the "Status" column of Program Nos. 2.2.1 and 2.2.4. The change clarifies the fact that the City has been in the process of drafting both an In Lieu Fee and an Affordable Housing Ordinance instead of inferring that we are currently working on them. We are holding off further work on those items until the result of the Measure V ballot item is known. The changes are indicated in strikeout and underline in the attached table. Environmental Review Not subject to CEQA, as the action is not a project as defined in Section 15378(b)(2) of the Public Resources Code. Prepared by:! V 'T3rand# Nichols Assistant Planner Submitted by: Patricia Temple Planning Director Exhibits: 1. Housing Element Implementation Report 2. Planning Commission Minutes Exhibit 1 3 CITY OF NEWPORT BEACH HOUSING ELEMENT IMPLEMENTATION REPORT Fiscal Year 2005 -2006 The Newport Beach Housing Element was adopted in August, 2003. The element was subsequently amended in April, 2005. Since then, City staff has been diligent in their attempts to implement the. Housing Elements goals and programs. This report evaluates these programs and outlines attempts made to pursue program and goal fulfillment. California Government Code Section 65400 specifically mandates that the report provide the following information: (A) a review of the City's progress in fulfilling its share of the Regional Housing Needs Assessment; (B) a complete detailed status report on the implementation of each of the housing programs of the City's Housing Plan; and (C) a review of actions and programs adopted to remove or mitigate governmental constraints on the development of housing for all income levels. A. PROGRESS IN MEETING REGIONAL HOUSING NEEDS (RHNA GOALS) The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Assessment (RHNA) to identify the housing need for each jurisdiction within the SCAG region. SCAG, through the RHNA process, has assigned Newport Beach a certain share of housing units that it should provide between the 1998 — 2005 planning period in an effort to satisfy housing needs resulting from the projected growth in the region. To accommodate projected growth in the region, SCAG estimates the City needs to target its housing unit production to accommodate 476 new housing units. With the annexation of Newport Coast in 2001, the City agreed to transfer 945 units from the Orange County Regional Housing Needs allocation to the Newport Coast area. This agreement was made since the Irvine Company committed to the County to fulfill its allocation. However, since the County is still responsible for issuing building permits for the area, the analysis on meeting the RHNA allocation does not include the 945 Newport Coast units. Data from the County of Orange regarding the number of issued building permits is forthcoming. Due to proposed changes in RHNA methodology, jurisdictions in the SCAG region will not receive new RHNA allocation numbers until 2007. This will result in a "gap period" from the end of the 2005 RHNA cycle until 2007. During this period, the City of Newport Beach will continue to track housing unit production at all income levels. This information will be used to monitor the City's progress towards providing its share of regional housing needs. The table below indicates the future need for housing in Newport Beach and its distribution by income group as calculated through the RHNA process (excluding Newport Coast). r TO7gL RHN C $ t3�0 NEED EI 11466 a .VERYLOYI{LOW M© DER; /TyEABOUMODERATE�TyOT `f 86 53 83 254 476 53 % 100% The City Building Department maintains a detailed Building Activity Report for each fiscal year. The report lists the total number of different types of construction permits issued, as well as the number of demolition permits issued. This data was used to create the following table illustrating the total number of new additional units that were permitted from 1998 -2006. TOTAL NUM ON E RPF NE �L)QNAr1,HO�USING UNITS ' 1998 2006 � Fs ERIIT�TE,O ' . ME 15CA�L�YEAR 1ST 6 MONTHS OF 1998 NEtiV UN TSB: DEMOLSI IEDLINI7,S ` :.`.NITS TO3TA�L ADDITIONAL' r r��L:.. 315 180 135 1998 -1999 1018 158 860 1999 -2000 742 258 484 2000 -2001 234 168 66 2001 -2002 159 130 29 2002 -.2003 162 174 -12 2003 -2004 198 1 162 36 2004 -2005 329 170 159 2005 -2006 170 159 11 TOTAL 3327 1559 1768 The City issued a total of 1,757 new additional residential building permits during the 1998 -2005 RHNA period. This number well exceeds the total 476 units projected by SCAG. During the 2004 -2005 reporting period the City issued 159 5 permits for new additional dwelling units. 120 of the new units are a result of building permits issued for the Bayview Landing Senior Affordable Housing Project. With the exception of one "mangers unit' all of the 120 units are designated for very low and low income seniors. ITY'S P BOG ER SS EVE +TIN TD'S SHAREOFTHEREGI N IFIOSING NEEdS- :' I vS' M k S'GaRNWn Y i Y 5Xh j IVIOQERATE �I..OW a °. AMODERATEfi l4f U Mk4 i PROJECTED NEED _ 86 53 83 254 476 TDTAL NEW tUNiTS�' - MID 24 95 0 1637 1757 `1798 610:5 enforced by the Building Enforcement activities will focus on Department and Code property maintenance, eliminating Enforcement Department. derelict or abandoned vehicles, l2�ma irk NEp . 62 -42 1 83 0 1 103 B. HOUSING PROGRAM IMPLEMENTATION STATUS I 1.1:1 Improve housing quality and prevent On -going deterioration of existing neighborhoods by strictly enforcing The Uniform Housing Code building code regulations and abating is Adopted and continually code violations and nuisances. enforced by the Building Enforcement activities will focus on Department and Code property maintenance, eliminating Enforcement Department. derelict or abandoned vehicles, outdoor storage, or other situations The Water Quality and Code that may constitute health, safety or Enforcement Department fire hazards. continually administers an enforcement program to correct violations of municipal codes and land use requirements. A quarterly report is kept on file on code enforcement activities throughout the City. 1.1.2 Reduce the potential for criminal On -going activity by providing guidelines for maintaining the security of existing Planning staff recommends development with emphasis on site design elements to maintain I design (such as security lighting, security and coordinates vegetation removal, electronic garage plan review with Newport door openers, window security and Beach Police Department. other crime prevention techniques). A brochure was created and placed in the public lobby containing Guidelines for Maintaining Home Security. 1.1.3 Promote the maintenance and Out -dated and upkeep of rental housing by unenforceable encouraging the California State Franchise Tax Board to enforce the This program will be deleted Tax. Code preventing owners of rental from the Housing Element housing from claiming depreciation, during the next update cycle. amortization, mortgage interest and property tax deductions on State.__.._ Income Tax Reports. 1.1.4 Continue.to participate with the On- going. and Pending OCHA and HCD in their administration of rehab loans and Research is in progress and grants for low and moderate- income an analysis of different homeowners and rental property programs and the financial owners to encourage preservation of feasibility of participating in existing housing stock. these programs will be assessed. 1.1.5 Continue to require replacement of 'On -going housing demolished within the Coastal Zone when housing is (or Chapter 20.86 of the Zoning has been) occupied by low- and Code, "Low and Moderate moderate households within the last Income Housing within the 12 months). The City shall prohibit Coastal Zone," establishes demolition unless a Coastal the standards and Residential Development Permit has requirements to implement been issued. The speck provisions this program. implementing replacement unit requirements are contained in Municipal Code Section 20. 1.1.6 Participate in a cooperative program On -going and Pending with the OCHA and Community Development program office for Research is in progress, and administration of the HUD Rental an analysis of different Rehab Program. Energy efficient programs and the financial products shall be required when feasibility of participating in appropriate. these programs will be assessed. 1.1.7 Should need arise, consider using a I Pending 17 portion of its CDBG funds for establishment and implementation of Staff will prepare a study to an emergency home repair program. analyze whether or not a Energy efficient products shall be need for this program exists. required whenever appropriate. If it is determined that a need exists, a program will be developed. 1.2.1 As part of its annual General Plan On -going Review, the City shall provide information on the status of all Due to the comprehensive housing programs. The portion of the General Plan Update, the annual report discussing housing City is not conducting an programs is to be distributed to HCD annual General Plan review. in accordance with State law in Consistent with the January of each year via US postal guidelines from the State service. --Office of Planning and Research (OPR), the City will be presenting OPR with a brief letter describing the scope of the General Plan Update and the anticipated completion date. 1.2.2. Investigate availability of Federal, Pending State and local programs (including in -lieu funds) and pursue these Research is in progress, and programs if found feasible, for the an analysis of different preservation of low- income housing programs and the financial that may increase to market rates feasibility of participating in during the next ten years. A list of any of these programs (if these programs, including sources any) will be assessed. and funding amounts will be identified as part of this program and maintained on an on -going basis. 1.2.3 As part of the annual GP review, On -going monitor existing programs designed to preserve assisted housing development for very low-and low - income households to determine whether additional actions are available and should be required to protect these developments. 1.3.1 Continue to contract with the OC Fair On -going Housing Council for administration of the Fair Housing Program including The City contracts with the updating the analysis of impediments OC Fair Housing Authority to fair housing. In addition, continue annually. 17 M to contract with OCHA to refer fair housing complaints. Pamphlets The Regional Fair Housing containing information related to fair Impediments Analysis was housing complaints will continue to completed in 2000. be provided to the public at the Planning Department. Pamphlets containing information of Fair Housing and Dispute Resolution Services are provided at the public counter. 1.3.2 Support fair housing. opportunities by On -going using CDBG funds whenever necessary to enact Federal, State For the 2005 -2006 Fiscal and City fair housing policies. Year, Newport Beach allocated $13,068 in CDBG furrdingtothe Fair'Housing Council of Orange County to assist the City in furthering fair housing through education, landlord /tenant counseling, and legal action when necessary. 1.4.1 Monitor progress on each program On -going and periodically report findings to the Planning Commission and City In conjunction with Program Council. 1.2.1, staff will present the Planning Commission and the City Council with an annual status report for their review and approval prior to submission to HCD. 1.4.2 Whenever land use regulations, land On -going use designations or Housing Programs are proposed for adoption This is a standard procedure or modification, the City of Newport for all Planning Department Beach Planning Department shall staff. Consistency with the undertake an analysis to determine if General Plan is a standard the proposed action or regulation is finding of approval. consistent with the Housing Element, all other elements of the General If an inconsistency exists, Plan, and with all adopted City staff takes the appropriate Council policies. If the proposal is actions to amend policies, inconsistent, the policy, plan or plans, or Elements to ensure Element shall be amended in consistency. conjunction with approval of the proposed regulation or action to M 2.1.1 Maintain rental opportunities by restricting conversions of rental units to condominiums unless the vacancy rate in Newport Beach for rental housing is 5% or higher for four (4) consecutive quarters, and unless the property owner complies with condominium conversion regulations contained in Chapter 20.83 of the Newport Beach Municipal Code. A vacancy rate survey is completed every quarter to monitor consistency with this policy. UN ensure consistency. Consistency shall be achieved whenever a regulation, action or project is approved. 1.5.1 Investigate the use of Federal funds Pending to provide technical and financial assistance, if necessary, to all eligible Research is in progress, and homeowners and residential rental an analysis of different property owners to rehab existing programs and financial dwelling units through low- interest feasibility of participating in loans or potential loans, or grants to these programs will be very low, low, and mod - income owner assessed. occupants. 1.5.2 Periodically inform mobile home Pending owners of financial assistance available from State HCD for eligible ReseaFcl is irrprogress; and owner - occupants to rehab existing an analysis of different dwelling units through deferred programs and financial payment low- interest loans. feasibility of participating in these programs will be assessed. 1.5.3 Per Government Code Section On -going 65863.7, a Mobile Home Park Conversion Permit shall be required City staff requires special as a prerequisite for conversion of an permits for all proposed existing mobile home park. In conversions of mobile home addition, the owner of the mobile parks and as required by home park shall provide a detailed State Law, requires detailed relocation impact report. The report relocation impact reports. shall be filed concurrently with filing for any discretionary permit on such property. 2.1.1 Maintain rental opportunities by restricting conversions of rental units to condominiums unless the vacancy rate in Newport Beach for rental housing is 5% or higher for four (4) consecutive quarters, and unless the property owner complies with condominium conversion regulations contained in Chapter 20.83 of the Newport Beach Municipal Code. A vacancy rate survey is completed every quarter to monitor consistency with this policy. UN 2.1.2 Take all feasible actions, through use On -going of development agreements, expedited development review, and expedited Planning staff oontinually processing of grading, building and evaluates all proposed other development permits, to ensure affordable housing projects expedient construction and occupancy for potential incentives, for projects approved with low- and including expedient moderate- income housing processing of permits. requirements. During the entitlement process, the Bayview Landing Senior Affordable Housing Project was granted a partial entitlement fee waiver, expedited permit processing; and °entitlement assistance. 2.1.3 The City Council and Planning On -going Commission shall have discretion to review and waive planning and park Staff continually evaluates fees, and modify development proposed affordable housing standards (e.g. parking, setbacks, lot projects to determine coverage, etc.) for developments potential incentives, containing low- and moderate- income including the waiver of fees housing in proportion to the number of and flexibility with low- and moderate - income units in development standards. each entire project. The Bayview Landing Senior Affordable Housing Project was granted a partial fee waiver as a financial incentive. 2.1.4 Continue to encourage the California On -going State Department of Real Estate and California State Department of The City of Newport Beach Housing and Community continually complies with Development to permit installation of State Law as it applies to the mobile homes, factory- built housing, permitting and installation of or other construction technology, mobile homes and factory provided such products comply with built housing. development standards of . the community and are compatible with planning, aesthetic, and other applicable considerations of the specific neighborhood in which such product is proposed. 2.1.5 Continue to participate with the On- going. County of Orange in the issuance of tax exempt mortgage revenue bonds The participation with the to facilitate and assist in financing, County of Orange in the development and construction of issuance of tax exempt housing affordable to low and mortgage revenue bonds is moderate - income households. City project driven. Usually the staff shall encourage developers of developer applies for the tax remaining residential sites to use tax- exempt bonds. exempt mortgage revenue bonds to facilitate construction of low -. and The City will encourage and moderate- income housing. inform developers of the use and availability of tax exempt bonds. The Bayvievrtanding Senior Affordable Housing Project was awarded a total of $4,583,727 in tax credits. (See Bayview Landing status report for details on project) 2.1.6 Develop and implement an . annual Completed compliance- monitoring program for units required to be occupied by very It has been determined by low -, low -, and moderate income the County of Orange, that households as approved with the the affordable housing development of Newport Coast and in obligations for Newport accordance with the Newport Coast Coast have been met Affordable Housing Implementation through the provision of off- Program (AHIP). site affordable apartments. 2.2.1 Continue to require a proportion of On -going affordable housing in new residential developments or levy an in -lieu fee. Staff continues to enforce The City's goal over the five -year the requirements for planning period is for an average of affordable housing and /or 20% of all new housing units to be the payment of in -lieu fees. affordable to very low- and low- income in addition, the City has households. Given considerations of been is in the process of proper general planning, the California updating its in -lieu fee and Environmental Quality Act, project affordable housing development incentives, and ordinance to reflect current government financial assistance, the land costs and to clarify City shall either, a) require the existing requirements. production of the housing units Ia )3 affordable to very low- and low- income households, or b) require the payment of an in -lieu fee, depending on the following criteria for project size: (See Housing Element for specific criteria). 2.2.2 The City shall provide more assistance On -going for projects that provide a higher number of affordable units or a greater The City will provide level of affordability. More than 20% of financial assistance based units shall be affordable when on a project by project assistance is provided from Community analysis, depending on need Development Block Grant funds or the and overall project merits. City's in -lieu housing fund. The City continues-to " participate in this Housing Program. The Bayview Landing Senior Affordable housing project received $1 million dollars from the City's "in -lieu" housing fund reserves. (See Bayview Landing status report for details on project 2.2.3 For new developments proposed in On -going the Coastal Zone areas of the City (comprising approximately 40% of the Staff continues to implement area of Newport Beach), the City shall the provisions of Chapter require provision of housing affordable 20.86 of the Zoning Code to persons or families of low- and (Low and Moderate Income moderate- income, where feasible in Housing within the Coastal projects of 10 or more units. Zone "). Whenever practicable, the City shall require they be located on -site; alternatively, the City may permit the developer to locate units off -site but within the Coastal Zone, or within (3) miles of the Coastal Zone (within Newport Beach). All residential developments of three units or more within the Coastal Zone shall require a Coastal Residential Development Permit. Determinations of feasibility, and procedures relating to provision of low- and moderate - income housing )3 1i within the Coastal Zone, shall be governed by Newport Beach Municipal Code Title 20. 2.2.4 All required affordable units shall have On -going restrictions to maintain their affordability for a minimum of 30 Staff, continues to include years. this affordability restriction as a standard condition on all affordable housing projects, unless an otherwise longer affordability covenant is agreed upon. City staff has been in the process of drafting a A comprehensive affordable' housing ordinance is ourrently being io which will clearly specify all conditions for incentives, including the minimum affordability period of 30 years. Bayview Landing was required to provide a restricted affordability covenant of a minimum of 55 ears. 2.2.5 Attempt to ensure that existing On -going landowners and prospective developers are aware of affordable City staff continues to housing development opportunities provide prospective available within the Newport Banning developers with information Ranch, Bayview, and on the City's available land Avocado /MacArthur properties. and its incentive program. For example, as part of the General Plan update, the potential for affordable housing was discussed with property owners. 2.2.6 The Affordable Housing Task Force On -going and /or City staff shall periodically contact known local developers and The City Manager's Office landowners to solicit new affordable and Community and 1i 0 housing construction. Economic Development periodically discuss the construction of new affordable housing with local developers and landowners. City staff also introduces the idea of constructing affordable housing to developers who propose large residential projects and discuss Density Bonuses to assist in the construction of affordable housing. 2.2.7 The Affordable .Housing Task Force On -going shall create a program for the - expenditure of in -lieu housing funds. Upon completion of developing an In -Lieu Fee program and ordinance, a meeting will be scheduled with the Affordable Housing Task Force to develop a program for the expenditure of in -lieu fees. 2.2.8 When it is determined to be of benefit, On -going the City shall participate in other housing assistance programs that City staff continues to assist production of housing. investigate feasible housing assistance programs. 2.3.1 Newport Beach Staff and developers On -going Of proposed major commercialfindustrial projects shall Staff is monitoring legal study housing impact(s) of such challenges to inclusionary project(s) during the development housing requirements, and review process. Prior to project will research the idea of approval, a housing impact developing housing impact assessment shall be developed by the fees for all new commercial City with the active involvement of the and industrial developments developer. Such assessment shall as an additional or indicate the magnitude of jobs to be alternative resource for created by the project, where, housing providing affordable housing. opportunities are expected to be available, and what measures (public Staff will monitor all new and private) are requisite, if any, to planning applications for 0 ensure an adequate supply of housing for the projected labor force of the project and for any restrictions on development due to the "Greenlight" initiative. applicability. 2.3.2 As part of the comprehensive General On -going Plan Update, investigate the potential ES,=MAflI t V,' 3.1.1 of housing (including single room The updated General Plan occupancy hotel(s), and mixed use approved by the City Council development in areas such as in July includes new housing Newport Center; Santa Ana Heights, opportunities (1;166 units) in Bay Knolls and JWA. Newport Center, the JWA an automated tracking system area and other areas. The allowing applicants to monitor plan City Charter requires voter check progress via the Internet. approval of General Plan Implementation of this program amendments that increase began in September 2002 and the number of residential operates on an on= going basis.' units by more than 100, and the General Plan is on the November 2006 ballot. s' S i NO ES,=MAflI t V,' 3.1.1 Increase the efficiency of the On -going building permit process by insuring that the initial plan review be The City has an automated completed within 4 weeks for 90% tracking system in place. of all submittals. This will include If a target date is missed, an an automated tracking system email notification is sent to all allowing applicants to monitor plan department supervisors. check progress via the Internet. Efficiency of plan check review Implementation of this program is monitored monthly to ensure began in September 2002 and a 90% success rate. operates on an on= going basis.' The City completed an evaluation of the building permit process in August 2006, and is beginning to implement recommendations to improve efficiency. 3.1.2 When a residential developer On -going agrees to construct housing for persons and families of low and The City considers density moderate income, the City shall bonuses and other incentives either 1 grant a density bonus or I on a project by roject basis, 3.2.1 (2) provide other incentives of depending on the need and eauivalent financial value. I oroiect merits. Identify the following sites as I On -going adequate, which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage development of a variety of housing types to meet City housing goals as identified pursuant to Government Code Section §65583(b): Newport Banning Ranch; Bayview Landing; and, Avocado /MacArthur. 3.2.2 j Require All three of these sites have been identified in the Housing Element under, "Inventory of Land Suitable for Residential Development ". A project proposal has not been received for the Banning Ranch site, although the updated General Plan retains it as a housing 0000rtunity site. the I Completed 4.5 -acre site located on the southwesterly corner of the intersection of Jamboree Road and Back Bay Drive (known as the Bayview Landing site) to provide approximately one hundred twenty (120) residential units for low - income senior households. The City shall assist the developer(s) by streamlining the discretionary application process and by granting a density bonus of twenty - five percent (25 %) for the project. Additionally, the City may consider using a portion of fees collected from other projects paid in -lieu of providing affordable residential units to facilitate meeting the City Affordable Regional Housing Needs Assessment construction requirements on said Bayview Landinq site. 3.2.3 Encourage the developer(s). of a Pending 3.5 -acre site located northerly of San Miguel, easterly of Avocado The Avocado /MacArthur site Avenue, and westerly of MacArthur remains available for multifamily 11 1,1R Boulevard (known as the development. However, the Avocado /MacArthur site) to updated General Plan re- provide at least fifty -six (56) designates this site as open multiple- family residential units for space, and instead makes other, Senior Citizen Households. The sites available for more housing City shall assist the developer(s) units than could be developed by initiating a Change of Zone at this site. Voter approval is within one (1) year of certification required for additional units. of this Housing Element to allow such senior residential units on said site, by considering a "density bonus" and/or other incentives, and by streamlining the discretionary process. Additionally, the City may consider - ° using a portion of fees collected from other projects paid in lieu of providing affordable residential units to facilitate meeting the City's Very Low -, Low -, and Moderate - Income Regional Housing Needs Assessment construction require- ments on the Avocado /MacArthur site. 3.2.4 When requested by property On -going owners, the City of Newport Beach shall continue to approve rezoning The City continually monitors of developed or vacant property requests for zone changes of from non - residential to residential vacant and developed uses when appropriate. These properties from non - residential rezoned properties shall be added to residential and approves to the list of sites for residential when determined to be development. compatible and feasible. When approved, these sites are mapped for residential uses on both the zoning district map and General Plan Land Use Map. 3.2.5 The City shall consider a potential Pending reduction of commercial zoning within some of its village Several commercial areas in the commercial areas within the Coastal Zone have been re- Coastal Zone to allow for designated for mixed use additional residential development. residentiallcommercial 1,1R .,'.. Economic feasibility studies to support such a reduction will be evaluated concurrently with the City's General Plan Update projected for completion in 2005. development in the updated General Plan, which is on the ballot for November 2006. 3.2.6 Encourage the participation in a On -going 4.1.1 Joint Powers Authority of Orange .,�• On -going County jurisdictions for the Due to potential legal conflicts, purpose of financing and the lease purchase program administering a lease purchase has been discontinued program for first -time homebuyers. indefinitely. 3.2.7 Continue to participate as a On -going member of the Orange County Housing Authority Advisory City Staff regularly attends the Committee and work in cooperation quarterly meetings of the Cities with , the Orange County-Housing Advisory Committee. Authority to provide Section 8 Rental Housing Assistance to In addition, staff continually residents of the community. The works in cooperation with the City shall, in cooperation with the .County to provide Section 8 Housing Authority, recommend and rental housing assistance to request use of modified fair market residents. rent limits to increase number of housing units within the City that will The City is currently working be eligible to participate in the with the OCHA to help program. The Newport Beach disseminate information Planning Department shall prepare regarding the upcoming and implement a publicity program opening of the Section 8 waiting to educate and encourage landlords list. within the City to rent their units to Section 8 Certificate holders and to A link to the Orange County make very low- income households Housing Authority website has aware of availability of the Section 8 been placed on our City website Rental Housing Assistance to provide information on the Program. Section 8 program. .,'.. pe- P O�CaR�AM �7,y�n%„�.t -`. I4i}r. ".� y` _ '�aSwir%l��s� 4.1.1 ._,.. Periodically contact owners of .,�• On -going affordable units for those developments listed on Table 29 to Staff is currently updating the obtain information regarding their contact list for affordable plans for continuing affordability on units. A survey maybe their properties. developed and sent out I� ab annually to each contact. 4.1.2 Consult with property owners Pending Apply for US Department of Urban regarding CDBG funds and in -lieu Development CDBG funds and funds to maintain affordable housing Will be discussed during the allocate a portion of such funds to opportunities in those developments AHTF meetings in sub - recipients who provide shelter listed in Table 29. conjunction with Program and other services for the homeless. and the City will provide 2.2.7. 4.1.3 Prepare written communication for On -going tenants and other interested parties about OCHA Section 8 renewals to Information pamphlets assist tenants and prospective informing prospective tenants to acquire additional tenants and landlords about understanding of housing law and the OCHA Section 8 related policy issues. program have been made Mercy House. available in the public lobby. In addition, information about the Section 8 program has been posted on the City website. 4.1.4 Continue to pursue Community Pending Development Grant Funds to facilitate construction of housing for very low- Research is in progress, and and low- income households. Use of an analysis of the financial CDBG funds may include but shall not feasibility of using CDBG be limited to site acquisition, `off- funds will be assessed. setting" of land and /or construction costs. ab ANN M_ EM 5.1.1 Apply for US Department of Urban On -going Development CDBG funds and allocate a portion of such funds to The Action Plan for Fiscal year sub - recipients who provide shelter 2005/2006 has been approved and other services for the homeless. and the City will provide funding to the following organizations to preserve the supply of emergency and transitional housing: Orange Coast Interfaith Shelter, Serving People In Need SPIN WISEPlace, and Mercy House. ab Al The following organization has been funded to assist homeless battered women and children: WISEPlace 5.1.2 As a condition of receiving housing On -going funding through the City, the City shall require social service agencies Reports are submitted on a receiving such funds record quarterly basis with each information on clients they serve invoice from CBDG recipients. and provide an annual audit of their These records are kept on file activities. at the grant administrator's office (MDG). 5.1.3 Cooperate with OCHA to pursue Pending establishment of a Senior/Disabled or Limited Income Repair Loan and Research is in progress, and Grant Program to underwrite all or an analysis of different part of the cost of necessary programs and the financial housing modifications and repairs. feasibility of participating in Loans would be repaid or forgiven these programs will be on an ability to pay basis. Health assessed. and safety deficiencies would receive priority. Modifications for accessibility also would be appropriate. Administration of funds would be the responsibility of the OCHA. Cooperation with OCHA will include continuing City of Newport Beach participation in the OC Continuum of Care and continuing to provide CDBG funding. 5.1.4 Continue to permit development of On -going senior citizen housing facilities in all residential and commercial zoning Bayview Landing is a senior districts pursuant to Zoning Code affordable housing project Sections 20.10.020 and consisting of 120 units. All 20.15.020(b). units are age restricted to those 62 years of age and older. 5.1.5 Continue to permit, where On -going appropriate, development of .granny" units in single - family areas Code Amendment No. 2003- of the City. Consider amending the 001 (PA 2003 -054) was zoning code to allow approval of approved by City Council May Al M "granny units" at the staff level instead of by the Planning Commission. 13, 2003 to grant the Planning Director approving authority over Second Unit Use Permits, rather than the Planning Commission. 5.1.6 Consistent with the development On -going standards in residential and commercial areas, continue to Emergency shelters and permit emergency shelters and transitional housing are transitional housing under group monitored for compliance with housing provisions in its Zoning the development standards _ Code. regulations contained in the Zoning Code. 5.1.7 The City of Newport Beach shall On -going investigate ,,,. °_ State° Housing Opportunities for Persons With On February 9, 2005, the City AIDS ( HOPWA). participated in the 2005 HOPWA Strategy Meeting hosted by the City of Santa Ana, to provide recommendations for the allocation of HOPWA funds for the 2005 program year. As the most populous city in Orange County, the City of Santa Ana receives HOPWA funding from HUD on behalf of the entire County. Authorized uses of these funds include: acquisition, rehabilitation, conversion, or lease of facilities to provide short-term shelter, new construction, project or tenant based rental assistance, short term rent and utility payments, and supportive services. Should the City wish to partner in the acquisition, development, or rehabilitation of affordable housing for persons with HIV/AIDS, the City may request funding at future HOPWA Strategy M 5.1.8 5.1.9 Notify residential developers (upon application for a discretionary permit) and to interested individuals and families, the following Table, entitled "Public and Private Resources Available for Housing and Community Development Activities. (Table included in By December 2003, the City shall analyze and determine whether there are constraints on the development, maintenance and improvements rof housing intended for persons with disabilities, consistent with SB 520 enacted Jan. 1, 2002. If any constraints are found, the City will take subsequent actions within 6 months of the completion of the evaluation. The analysis will include an evaluation of existing land use controls, permit and processing procedures and building codes. If any constraints are found in.these areas, the City will initiate actions to address these constraints, including removing the constraints, or providing reasonable accommodation for housing intended for persons with disabilities. meetings. Project planners regularly inform developers about affordable housing opportunities and programs. As required by SB520, a Constraints Analysis report was completed in January 2004, however due to anticipated changes to the Zoning Code pertaining to . 'Residential Care Facilities', the report was postponed until a resolution was adopted. The City has adopted amendments to the Zoning Code which includes the addition of a Federal Exception Permit process as a mechanism for persons to request a reasonable accommodation pertaining to residential care facilities for 7 or more persons within residential zones. Changes have been made to the SB520 Constraints Analysis consistent with the amendments and the report was submitted to HCD on July C. MITIGATING GOVERNMENTAL CONSTRAINTS In accordance with Senate Bill SB520 and Newport Beach Housing Program 5.1.9, a thorough analysis of constraints on the development, maintenance and improvement of housing for persons with disabilities was conducted in January of 2004. The analysis specifically addresses constraints related to zoning and land use controls, permit and processing procedures, and building codes. Although a A3 potential constraint was recognized, the City of Newport Beach complies with both the federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA) in providing reasonable accommodations through the use of existing regulatory procedures not specially designed for people with disabilities. A potential constraint may exist at times when there are conflicts between the California Building Code requirements pertaining to access and adaptability for persons with physical disabilities and the Newport Beach Zoning Code requirements. The City recognizes that a person with disabilities may require special accommodations for retrofitting their existing residential units for purposes of accessibility and safety. A remedy for dealing with these conflicts between building code requirements for accessibility and adaptability, and the City Zoning Code would be to amend Zoning Code Section 20.60, "Site Regulations", to incorporate a subsection which would allow the City to utilize a "Director/ Staff Approval ". This type of approval is an existing administrative review process and is irrternded -to allow the review and analysis of conflicts and requests for accommodations at the staff level. Staff is exploring this option as part of a review of development standards contained in the zoning code. D. THE GENERAL PLAN UPDATE In order to accommodate City's fair share of regional population growth, a significant part of the comprehensive General Plan Update process has focused on identifying areas of the City that may be suitable for future residential development. Since the City is largely built out, most of the options being considered involve redesignating some commercial /office /industrial areas for residential or mixed residential /commercial uses. Of these, properties in the Airport Area and Newport Center have been identified as having the potential to yield a substantial number of new dwelling units. These two areas, in addition to several others identified as possible new residential sites, were included in the updated General Plan approved by the City Council on July 25, 2006, adding the potential for 1,166 more housing units than the previous General Plan. City Charter Section 423 requires voter approval of General Plan amendments that increase development potential by more than 100 dwelling units, and the General Plan is on the November 2006 ballot.. Future development in these areas would be subject to affordable housing regulations and will yield additional affordable units or generate additional in lieu affordable housing . fees. a� Exhibit 2 9h Planning Commission Minutes 10/05/2006 S S S CT: Newport Beach Brewing Company (Use Permit No. 3485) ITEM NO. 3 2920 Newport Boulevard The ewport Beach Brewing Company has operated a restaurant/brewpu Continued to to Use Permit No. 3485 since 1994. This permit was issued by the City in October 19, 2006 an it was subsequently amended in 1999. City has received several complaints lated to the operation of the use and the Planning Commission will te the mplaints, the operational character of the use and the condition which th use operates. At the conclusion of the hearing, the Commission \Co quire alter ion of the operation or it may delete or modify conditions o approval. The Co ission also may conclude that no changes are necessa voc ation of the se Permit is not being considered at this time. equests to continue is item to October 19, 2006. n was made by Commis 'oner Hawkins to approve the consent calendar a ed. Ayes: Eaton, Peott Hawkins, Cole, McDaniel, Toerge and Henn Noes: None Absent: None Abstain: None S S HEARING I MS SUBJECT: Big Canyon Country Club ITEM NO. 4 1 Big Canyon Drive PA2006 -160 General Plan Amendment to increase the mallowable gross floor area Recommended (located to the Country Club by 10,000 squarfor Approval Commissioner Toerge asked what the boundta 'sticaI Area L2 are and hat was the development contributed. to ten al Plan Amendment 003 -002. \ea Ms. Temple answered that L2 is surrounded bquin Hills oad, Jambore Road, Ford Road and MacArthur Bou levard. er amendm t within the tatistical area was St. Mark's Presbyterian Chr. Lary Tucker, speaking on behalf of nty Club, reque d th Commission approve this application. Public comment was opened.' Public comment was closed. Motion was made by Commissioner Toerge to recommend approval of General Plan Amendment No. 2006 -06 to the City Council by adopting the resolution ontairied in the staff report. yes: Eaton, Peotter, Hawkins, Cole, McDaniel, Toerge and Henn Noes: None bsent: None S S UBJECT: Housing Element Review ITEM NO. 5 The Annual Housing Element Implementation Report is being provided to th el Recommended Planning Commission for review. for Approval Page 2 of 33 �Q file: //F: \Users \PLN\Shared \Gvarin\PC min etal \2006\I00520061tm 10/17/2006 Planning Commission Minutes 10/05/2006 Page 3 of 33 andon Nichols, Assistant Planner, gave an overview of the staff report noting: • An annual report, required by the California Government Code, is prepared for submission to the State Department of Housing and Community Development (HCD) and the Governors Office of Planning and Research (OPR). • This reports outlines the goals and policies of the existing Housing Element and the City's progress towards meeting those goals. • The report typically is part of a larger report that analyzes the City's General Plan; however, since the City is in the midst of the General Plan update, the entire report is not required. • The status of the General Plan update .does not exempt the City from preparing the Housing Element section on an annual basis. • The Housing Element Implementation Report has been prepared for review prior to submission to the OPR and HCD. • Staff recommends that the Planning Commission forward this report to the City Council for their final approval. iblic comment was opened. iblic comment was closed. )mmissioner Eaton asked about goals 2.2.1 and 2.2.4 referencing. the City ocess of updating its in -lieu fee and affordable housing. ordinance. It had been iggested by staff last year to drop that reference because we had converted to i individual affordable housing implementation plan. Is this language still :rtinent? r. Nichols answered that currently the Housing In -lieu Ordinance study is on hold :nding the outcome of the General Plan update. However, during the past fiscal :ar the City has been operating under the existing Housing Element.and there as some work done on the Ordinance and the In -lieu Housing Fee Study. As ated, the purpose of the report is to analyze the progress the City has made wards achieving the current Housing Element goals during the past fiscal year. iat is the reason it still exists in the report. )mmissioner Eaton suggested changing the wording to, 'The City has been in e process.' otion was made by Commissioner Eaton to approve and forward the Annual )using Element Implementation Report to the City Council for final review with e suggested change. :)mmissioner Henn asked about Goal 2.1.1. He asked what the result of the ost recent vacancy rate survey is. r. Nichols noted he is still getting the information through the mail on the current port and will email it to the Commissioners. s. Temple noted the survey is done quarterly and the last report was below the file: //F:1Users\PLN\Shared\GvarinlPC min eta112006110052006.1tm 10/17/2006 Planning Commission Minutes 10/05 /2006 Eaton, None None Newport Bay Manna formerly known as the Bridgeport Mixed Use Development 2300 Newport Boulevard e Plan eview, Use Permit, Modification Permit and Vesting Tentative Tree ap to all the construction of a mixed -use development on a 2.4 acre site sated north f the intersection of Newport Boulevard and Balboa Boulevard. The eject consists \qe' demolition of all structures on site and the construction o proximately square feet of commercial uses and 27 dwelling unit: mdominiumsen three -story buildings are planned to be built over bterranean pgarage. The reconstruction/reconfiguration of the existinc Ikhead, boatn docks is also planned. The Site Plan Review applicatior ruld authorizent project and the Vesting Tentative Tract map wouk rmit a subdivap allow for the residential units to be individually sold e Use Permld esta 'sh a building height limit of up to 35 feet and the )dification Peould allo portions of the proposed buildings to encroacl Thin the 5 -fooyard setba . Finally, consideration of a Draft Environment@ pact Report (2003071144 including mitigation measures. erson Cole noted the applicant ' I make a presentation followed by a and then questions by the Commiss McDermott of Government Solutions, presenting Newport ,Bay Ma iced her staff and then made a Power int presentation highlighting . The project is now named Newport Bay Ma . Computer generated model done to scale is as re a tic a picture of what project will be. Entitlement request includes approval of a Vesting Tent: ive Tract Map allows the sale of the residential parcels on the mixed se site\threno,4 A Permit to allow 35 foot height on a portion of the site; a M 'cation Pi for the front yard setback; and a Site Plan review fod development of the residential and commercial uses includmarina. The Environmental Impact Report is being prese consultant and staff as well. Community outreach efforts - they have met with the Central NewX0r Community Association representatives on the 28th of September. IncludiN in your packet is a letter that was sent during the review period on the EIR. We met with those representatives and they have sent a revised letter the has narrowed those issues, many of which can be easily addressed. W invited all property owners within a 500 foot radius to a meeting earlier thi week. We did not have a very good turn out, but all of them were notifies according to the latest ownership roles on the County Assessors list. W met with adjacent business owners and have a letter of support from thi South Coast Shipyard that is immediately to the south of this project. Project overview including setting, site plan and architecture. The ITEM NO. 6 PA2001 -210 Continued to November 2, 2006 Page 4 of 33 '�t file: //F: \Users \PLMShared \Gvarin \PC min eW\2006\10052006.htm 10/17/2006