HomeMy WebLinkAbout(1982, 08/09) - P-1 - AdoptedP -1
ADMINISTRATIVE GUIDELINES FOR THE IMPLEMENTATION
OF THE PROVISIONS OF STATE LAW RELATIVE TO
LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE - Page 1
BACKGROUND
The City of Newport Beach has the responsibility for the administra-
tion of provisions of State law relative to the demolition and con-
version of existing low and moderate income residential units within
the Coastal Zone. (Chapter 1007,.Statutes of 1981, Government Code
Section 65900 et seq.)
This Council Policy establishes the Administrative Guidelines and
Implementation procedures to be used by the City of Newport Beach in.
administering the provisions of the State law referenced above.
The City Council of the City of Newport Beach has, by virtue of the
adoption of this policy, determined that it is not feasible to require
replacement housing units for low and moderate income persons for pro-
jects involving the conversion or demolition of one or more structures
located upon any parcel within the City of Newport Beach containing two
or fewer residential units. The City Council finds that replacement
housing for projects involving two or fewer units is not feasible due
to the high cost of land within the City of Newport Beach, the limited
number of substandard housing units that can be rehabilitated and the
negligible impact that such conversions or demolitions have on the low
and moderate income housing opportunities within the City of Newport
Beach.
I
GENERAL RULES
1. Exempt Projects
This policy shall not apply to the following projects:
a. Projects not located within the Coastal Zone as estab-
lished pursuant to the Coastal Act of 1976 and as sub-
sequently amended;
b• The conversion or demolition of a residential structure
on any single parcel which contains two or fewer resi-
dential units;
c. The conversion or demolition of a residential structure
for purposes of a non - residential use which is either
coastally dependent" or "coastally related" as those
terms are defined in the Coastal Act of 1976, as amended,
and which non - residential use is consistent with the app -
licable local Coastal Plan designation;
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ADMINISTRATIVE GUIDELINES FOR THE IMPLEMENTATION
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LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE - Page 2
d. Demolition of any structure which has been declared to
be, or constitutes a public nuisance, pursuant to the
provisions of Division 13 of the Health & Safety Code
of the State of California or any Ordinance of the City
of Newport Beach enacted pursuant thereto.
II
DEFINITIONS
For the purposes of this policy, the following words and terms
shall be defined as follows:
1. "Conversion" shall mean any change in the form of ownership
of any residential structure, including, but not limited to,
a change in ownership to a condominium, stock cooperative,
cooperative, community apartment, timeshare or similar form
of ownership, such that the right to occupy the structure •
is not based upon a rental or lease agreement, written or
oral, rather, based upon the purchase of the right to occupy
some or all of the structure, for a portion of some or all of
the structure, during a portion or all of the year, or for a
period of years or in perpetuity, or any change from a resi-
dential use to a non - residential use;
2. "Demolition" shall mean the destruction or tearing down of a
residential structure which has been found feasible for reten-
tion, pursuant to Section 30612 of the Public Resources Code;
3. "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account
economic, environmental, social and technical factors;
4. "Replacement Unit" shall mean a residential structure suitable,
in terms of size and other characteristics, for occupancy by
the same number of low or moderate income persons that occupied
the converted or demolished unit.
5. "Low Income" shall be defined as set forth in §50093 of the
Government Code of the State of California;
6. "Moderate Income" shall be defined as set forth in §50093 of
the Government Code of the State of California;
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ADMINISTRATIVE GUIDELINES FOR THE IMPLEMENTATION
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7. "Family" shall be defined as persons related by blood, mar-
riage, formal adoption or those persons living together by
virtue of economic, social and psychological bonds;
8. "New Housing Development" shall be defined to mean the con-
struction, on previously occupied by two or less residential
units, or land previously occupied by two or more mobile
homes, of three or more residential units.
9. "Planning Director" shall include the Planning Director of the
City of Newport Beach and all employees of the Planning Depart-
ment to whom the Planning Department has delegated, orally or
in writing, the performance of duties required by these Guide-
lines.
III
ADMINISTRATIVE PROCEDURES FOR
CONVERSIONS.AND DEMOLITIONS
The procedures for processing requests for the approval of the con-
version or demolition of residential structures located within the Coastal
Zone shall be as follows:
I. Application for the approval of the conversion or demolition of
residential structures located within the Coastal Zone shall be made to the
Planning Department on a form provided by that department. The Applicant shall
provide the following information:
a. The address of the property for which approval is sought;
b. A legal description of the property for which approval is
sought;
c. The number of residential units then in existence on the
property;
d. The maximum number of residential units on the property
within the last 12 months;
e. The number of residential units to be constructed, or, if
no residential units are to be constructed, the nature of
the use to which the property will be put upon conversion
or demolition;
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ADMINISTRATIVE GUIDELINES FOR THE IMPLEMENTATION
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f. The name, business address, residence address,resi-
dence phone number, business phone number and such
other information that would assist the City of
Newport Beach in obtaining financial information, of
each person then residing, on a permanent basis or for
more than 45 consecutive days, in structures located on
the property for which approval is sought;
g. The name, business address, resident's address, resi-
dent's phone number, business phone number, and such
other information of Applicant that would assist the
City of Newport Beach in obtaining financial informa-
tion as to each person who has resided, on a permanent
basis or for more than 45 consecutive days in any of the
structures located on the property within the 12 months
immediately preceding the date on which the Application
is filed;
h. The court name, court address, case number, case name, .
as well as all relative information, with respect to any
legal action filed by, or on behalf of, the Applicant, and
against any current tenant or any person who, within the
12 months immediately preceding the date on which the
Application is filed, has resided, on a permanent basis
or for more than 45 consecutive days, within any of the
structures located on the property for which approval is
sought within the past 12 months;
i. Such other information as the Planning Director may con-
sider necessary to the implementation of these Guidelines
or the provision of State Law relative to the conversion
or demolition of residential structures located within the
coastal zone, which are occupied by low and moderate income
persons.
J. At the time the Application is filed, the Applicant shall
pay a fee of $750.00, or $250.00 per each residential
unit to be converted or demolished, whichever is greater,
said fee to defray the administrative costs and expenses
incurred by the City of Newport Beach in administering
the provisions of these Guidelines and section 65900 et
seq of the Government Code. The Planning Commission may
approve a reduction in fees consistent with processing
City cost for project of 40 units or more;
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ADMINISTRATIVE GUIDELINES FOR THE IMPLEMENTATION
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k. The project proposed by Applicant shall not be pro-
cessed by the City of Newport Beach until such time as
all information required by these Guidelines has been
provided to the Planning Director.
1. Upon receipt of the Application and appropriate fees,
the Planning Director shall cause an investigation to
be commenced to determine the following:
i) Whether the project is exempt under
the provisions of these administrative Guide-
lines;
ii) Whether any person of low or moderate income
is presently occupying any residential unit
located on the property for which approval is
sought;
iii) Whether any person of low or moderate income
has, within the 12 months immediately preceding
the date on which the Application is filed,
occupied any of the residential units on the
property for which approval is sought;
iv) The circumstances pursuant to which the tenancy
of any person of low or moderate income was
terminated during the 12 months immediately
preceding the date on which the application is
filed;
v) With respect to property containing more than
one structure, and more than three but less
than 10 dwelling units, whether, given the cir-
cumstances of the project, a requirement for re-
placement of units occupied by low or moderate
income persons is feasible;
vi) In the event of a conversion or demolition of
any residential structure for purposes of a non-
residential use which is not coastally dependent,
as defined in Section 30101 of the Public Resour-
ces Code, whether a residential use at that lo-
cation is no longer feasible.
2. The Planning Director, after conducting the investigation set
forth above, shall notify Applicant of the determination and Applicant's
rights to appeal, by certified mail.
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3. Upon final determination as to the number of replace-
ment units to be provided by Applicant, Applicant shall provide the
Planning Director, on a form to be prepared by the Planning Depart-
ment, with the following information:
a. Whether replacement units shall be made available
through new construction, conversion of non- residen-
tial structures to residential use, substantial re-
habilitation of substandard dwelling units (as defined
in §17910 et seq of the Health and Safety Code)
through the provision of existing units not currently
affordable by low or moderate income persons, by
giving existing low and moderate income tenants the
right to lease units on -site at affordable rates,
or by any combination of the above;
b. The location of the replacement units and, if those
units are not located within the Coastal Zone, all of
the facts and circumstances upon which the Applicant
relies to support his contention that it is not
feasible to provide replacement units within the
Coastal Zone;
C. Information relative to the size, configuration and
manner of construction of the units, together with all
other information as to the amenities found within the
replacement units.
4. The Planning Director shall conduct an investigation to
determine the suitability of the replacement units and shall approve
the replacement units if:
a. The replacement units provide-housing opportunities
similar to those provided by the dwelling units con-
verted or that are demolished;
b. The number of replacement units is equal to the number
of dwelling units proposed for conversion or demolition
which are occupied by persons or families of low or
moderate income, or were occupied by persons or families
of low or moderate income who were evicted within the
past 12 months;
5. Upon a final determination as to the number and location of
replacement units, and prior to, or concurrently with, giving the approval •
to Applicant, to convert or demolish the units, Applicant and the City of
Newport Beach shall enter into an Agreement, prepared by and approved as
to form by the City Attorney, which shall include the following provisions:
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ADMINISTRATIVE GUIDELINES FOR THE IMPLEMENTATION
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LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE - Page 7
a. A description of the project, including its location
and the number of units to be developed, if the property
is to be developed for residential purposes;
b. A description of the replacement units to be provided,
specifying their size, number and location;
c. A commitment that the replacement units be affordable to
persons of low or moderate income;
d. That the replacement units shall be provided, and avail-
able for occupancy, within three years from the date
upon which the approval for the conversion or demolition
was granted;
e. A commitment that the Agreement be recorded;
f. The provision of a surety bond, or other instrument
guaranteeing the provision of replacement units in an
amount to be determined by the Planning Director, but not
less than two times the cost of providing the replacement
units.
IV
ADMINISTRATIVE PROCEDURES FOR
PROCESSING NEW DEVELOPMENTS
WITHIN THE COASTAL ZONE
In the event that a new housing development is proposed within the
Coastal Zone, the procedures set forth shall apply:
1. The property owner and /or developer shall file an application
for a Development Permit with the Planning Department of the City of Newport
Beach on forms provided by the Planning Department, An Application for
Development Permit shall be accompanied by a fee of $750.00, or $250.00 per
each residential unit to be constructed, whichever is greater, said fee to
defray the administrative costs and expenses incurred by the City of Newport
Beach in administering the provisions of these Guidelines and State law.
The Planning Commission may approve a reduction in the fees for projects in-
volving 40 or more residential units;
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ADMINISTRATIVE GUIDELINES FOR THE IMPLEMENTATION
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LOW AND MODERATE INCOME HOUSING WITHIN THE COASTAL ZONE - Page 8
2. The Planning Director shall determine whether the proposed
project is exempt from these Guidelines as provided above;
3. If the project is determined not to be exempt from the pro-
visions of these Guidelines, the Planning Director shall advise the Appli-
cant of the requirements of these Guidelines and, in the event that the
proposed project is one which requires an approval by the Planning Commission,
the project, including the Development Permit, shall be referred to the
Planning Commission of the City of Newport Beach for review and decision;
4. The Planning Director, or the Planning Commission, in the
case of a project requiring Commission approval shall determine the feas-
ibility of requiring the inclusion of dwelling units affordable by persons
or families of low or moderate income within the project and on the project
site. If it is determined not to be feasible to provide low and moderate
income housing on site, the Planning Director, or the Planning Commission,
where appropriate, shall determine whether it is feasible to provide such
housing at another location within the City of Newport Beach, and within
the Coastal Zone, or within three miles of the Coastal Zone boundary; •
5. In evaluating the feasibility of providing affordable units
as a part of the new housing development, the Planning Commission, or
Planning Director, shall consider the following factors:
a. The cost of the proposed development, both with and
without the provision of affordable units;
b. The return on investment provided by the development,
both with and without the provision of affordable units;
c. The effect upon costs and return on investment of
development incentives provided by the City, such as the
modification of zoning and subdivision requirements,
accelerated processing of required applications, the
waiver of appropriate fees, and the offer of density bo-
nuses; and
d. The social, technical, environmental and related problems
associated with the provision of affordable housing units.
6. When it is determined that provision of residential units,
affordable by persons of low or moderate income, is feasible, the Planning
Commission, or Planning Director shall make a determination as to the number of
affordable units which shall be provided. The determination as.to the number
of units to be provided shall, again, take into account the factors considered
in the determination of feasibility, including, but not limited to, the cost
of providing affordable units, the return on investment provided by the develop-
ment and the extent to which the cost and return on investment have been affect-
ed by development incentives granted by the City of Newport Beach, and the
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ADMINISTRATIVE GUIDELINES FOR THE IMPLEMENTATION
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provisions of the Housing Elements of the City of Newport Beach.
7. When a proposed new development is required to provide
housing units affordable by persons or families of low or moderate income,
the developer and property owner shall enter into an Agreement with the
City of Newport Beach which shall include the following provisions:
a. A description of the project, including its location
and the number of units to be constructed if the
property is to be developed for residential purposes;
b. A statement of the number of units designated for per -
sons.of low or moderate income;
c. A commitment that the low and moderate income housing
units shall be provided, and available for occupancy,
within three years from the date upon which the pro-
ject is approved;
d. A commitment that the Agreement be recorded;
e. The provision of a surety bond, or other instrument
guaranteeing the provision of units in an amount to be
determined by the Planning Director, but not less than
two times the cost of providing the units.
V
APPEALS
1. Determinations of the Planning Director or Planning
Commission pursuant to this policy and these Guidelines, shall be
final 10 days after notice of the determination as deposited in the
United States Post Office by certified mail, or personally served
upon the Applicant, unless, within that period, Applicant files with
the City Clerk of the City of Newport Beach, a statement addressed
to the City Council of the City of Newport Beach, indicating Appli-
cant's intention to appeal, and setting forth the facts and circum-
stances regarding the action or determination that is the subject
of the appeal. The City Clerk shall then notify the Applicant, in
writing, of the time and place set for the hearing of the appeal.
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The City Council may hear the appeal, or the City Council may
delegate the responsibility for conducting the hearing to a
hearing officer, who shall conduct the hearing, receive all
relevant evidence, and who shall prepare and submit to the City
Council, written findings and recommendations. The City Council
shall, within 30 days from the date on which the hearing is held,
or within 30 days from the date on which written findings and
recommendations are received from the hearing officer, render
its decision on the appeal.
Adopted - August 9, 1982
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