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HomeMy WebLinkAboutHousing Element Implementation-Annual Progress ReportCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 October 5, 2006 TO: PLANNING COMMISSION FROM: Planning Department Brandon Nichols, Assistant Planner (949) 644 -3234, bnichols @city.newport- beach.ca.us SUBJECT: Housing Element Implementation - Annual Progress Report Review and forward the Annual Housing Element Implementation Report to the City Council for final review. 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 5, 2005 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). Environmental Review Not subject to CEQA, as the action is not a project as defined in Section 15378(bx2) of the Public Resources Code. Prepared by: Brandon Nichols Assistant Planner Submitted by: Patricia Temple Planning Director Exhibits: 1. Housing Element Implementation Report Housing Element Implementation Annual Progress Report October 5, 2005 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 Element's 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 Housing Element Implementation Annual Progress Report October 5, 2005 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). 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. 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 1 ST 6 MONTHS OF 1998 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 198 162 36 2004 -2005 329 170 159 2005 -2006 170 159 11 TOTAL 13327 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 Housing Element Implementation Annual Progress Report October 5, 2005 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. B. HOUSING PROGRAM IMPLEMENTATION STATUS 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 Housing Element Implementation Annual Progress Report October 5, 2005 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 onh' 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 specific 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 Pendin Housing Element Implementation Annual Progress Report October 5, 2005 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. 121 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. Housing Element Implementation Annual Progress Report October 5, 2005 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 funding to the 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 _ Housing Element Implementation Annual Progress Report October 5. 2005 2.1.1 1 Maintain rental 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 A vacancy rate survey is completed every quarter to monitor consistency with this policy. 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 Research is in progress, 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 1 Maintain rental 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 A vacancy rate survey is completed every quarter to monitor consistency with this policy. Housing Element Implementation Annual Progress Report October 5, 2005 2.1.2 Take all feasible actions, through use On -going of development agreements, expedited development review, and Planning staff continually expedited processing of grading, evaluates all proposed building and other development affordable housing projects for permits, to ensure expedient potential incentives, including construction and occupancy for expedient processing of projects approved with low- and permits. moderate - income housing 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 potential coverage, etc.) for developments incentives, including the containing low- and moderate- waiver of fees and flexibility income housing in proportion to the with development standards. number of low- and moderate - income units in 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 Housing Element Implementation Annual Progress Report October 5, 2005 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 exempt bonds. tax - 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 Bayview Landing 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 the low -, low -, and moderate income County of Orange, that the households as approved with the affordable housing obligations development of Newport Coast and for Newport Coast have been in accordance with the Newport met through the provision of Coast Affordable Housing off -site affordable apartments. Implementation Program (AHIP). 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 The City s goal over the five -year requirements for affordable planning period is for an average of housing and/or the payment of 20% of all new housing units to be in -lieu fees. In addition, the affordable to very low- and low- City is in the process of income households. Given updating its in -lieu fee and considerations of proper general affordable housing ordinance planning, the California to reflect current land costs Environmental Quality Act, project and to clarify existing development incentives, and requirements. government financial assistance, the City shall either; a) require the production of the housing units 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 Housing Element Implementation Annual Progress Report October 5, 2005 size: (See Housing Element for speck criteria). 2.2.2 The City shall provide more On -going assistance for projects that provide a higher number of affordable units or a The City will provide financial greater level of affordability. More assistance based on a project than 20% of units shall be affordable by project analysis, depending when assistance is provided from on need and overall project Community Development Block Grant merits. funds or the City's in -lieu housing fund. The City continues to participate in this Housing Program. The Bayview Landing SbnioFAffordable 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 Staff continues to implement the area of Newport Beach), the City the provisions of Chapter shall require provision of housing 20.86 of the Zoning Code affordable to persons or families of (Low and Moderate Income low- and moderate- income, where Housing within the Coastal feasible in projects of 10 or more Zone "). units. 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 within the Coastal Zone, shall be governed by Newport Beach Municipal Code Title 20. Housing Element Implementation Annual Progress Report October 5, 2005 2.2.4 All required affordable units shall On -going have restrictions to maintain their affordability for a minimum of 30 Staff continues to include this years. affordability restriction as a standard condition on all affordable housing projects, unless an otherwise longer affordability covenant is agreed upon. A comprehensive affordable housing ordinance is currently being developed 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 provide housing development opportunities prospective developers with available within the Newport information on the City's Banning Ranch, Bayview, and available land and its Avocado /MacArthur properties. 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 and landowners to solicit new affordable Community and Economic housing construction. Development periodically discuss the construction of new affordable housing with local developers and landowners. Housing Element Implementation Annual Progress Report October 5, 2005 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 On -going benefit, the City shall participate in other housing assistance programs City staff continues to that assist production of housing. investigate feasible housing assistance programs. 2.3.1 Newport Beach Staff and developers On -going of proposed major commercial /industrial projects shall Staff is monitoring legal study housing impact(s) of such challenges to inclusionary project(s) during the development housing requirements, and will review process. Prior to project research the idea of approval, a housing impact developing housing impact assessment shall be developed by fees for all new commercial the City with the active involvement and industrial developments of the developer. Such assessment as an additional or alternative shall indicate the magnitude of jobs resource for providing to be created by the project, where affordable housing. housing opportunities are expected to be available, and what measures Staff will monitor all new (public and private) are requisite, if planning applications for any, to ensure an adequate supply applicability. of housing for the projected labor force of the project and for any restrictions on development due to the "Greenli ht" initiative. 2.3.2 As art of the comprehensive On- oin 3.2.1 General Plan Update, investigate the potential of housing (including single room occupancy hotel(s), and mixed use development in areas such as Newport Center, Santa Ana Heights, Bay Knolls and JWA. Increase the efficiency of the building permit process by insuring that the initial plan review be completed within 4 weeks for 90% of all submittals. This will include an automated tracking system allowing applicants to monitor plan check progress via the Internet. Implementation of this program began in September 2002 and operates on an on -going basis. When a residential developer agrees to construct housing for persons and families of low and moderate income, the City shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. Identify the following sites as adequate, which will be made Housing Element Implementation Annual Progress Report Uc[ooer o. duuo The updated General Plan approved by the City Council in July includes new housing opportunities (1,166 units) in Newport Center, the JWA area and other areas. The City Charter requires voter approval of General Plan amendments that increase the number of residential units by more than 100, and the General Plan is on the The City has an automated tracking system in place. If a target date is missed, an email notification is sent to all department supervisors. Efficiency of plan check review is monitored monthly to ensure a 90% success rate. The City completed an evaluation of the building permit process in August 2006, and is beginning to implement recommendations to improve The City considers density bonuses and other incentives on a project by project basis, depending on the need and oroiect merits. available through appropriate I All three of these sites have zoning and development standards been identified in the Housir Housing Element Implementation Annual Progress Report October 5, 2005 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. 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 opportunity site. 3.2.2 Require the developer(s) of the Completed 4.5 -acre site located on the southwesterly comer 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 Landing 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 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 developers) units than could be developed Housing Element Implementation Annual Progress Report October 5, 2005 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. (residential /commercial) Economic feasibility studies to development in the updated support such a reduction will be General Plan, which is on the evaluated concurrently with the ballot for November 2006. City's General Plan Update projected for completion in 2005. 3.2.6 Encourage the participe non in a On- oin 3.2.7 Joint Powers Authority of Orange County jurisdictions for the purpose of financing and administering a lease purchase program for first -time homebuyers. Continue to participate as a member of the Orange County Housing Authority Advisory Committee and work in cooperation with the Orange County Housing Authority to provide Section 8 Rental Housing Assistance to residents of the community. The City shall, in cooperation with the Housing Authority, recommend and request use of modified fair market rent limits to increase number of housing units within the City that will be eligible to participate in the program. The Newport Beach Planning Department shall prepare and implement a publicity program to educate and encourage landlords within the City to rent their units to Section 8 Certificate holders and to make very low- income households aware of availability of the Section 8 Rental Housing Assistance Program. Housing Element Implementation Annual Progress Report October 5, 2005 Due to potential legal conflicts, the lease purchase program has been discontinued City Staff regularly attends the quarterly meetings of the Cities Advisory Committee. In addition, staff continually works in cooperation with the County to provide Section 8 rental housing assistance to residents. The City is currently working with the OCHA to help disseminate information regarding the upcoming opening of the Section 8 waiting list. A link to the Orange County Housing Authority website has been placed on our City website to provide information on the Section 8 program. 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 annually to each contact. 4.1.2 Consult with property owners Pending regarding CDBG funds and in -lieu funds to maintain affordable housing Will be discussed during the opportunities in those developments AHTF meetings in listed in Table 29. conjunction with Program Housing Element Implementation Annual Progress Report October 5, 2005 Development CDBG funds and allocate a portion of such funds to sub - recipients who provide shelter and other services for the homeless. The Action Plan for Fiscal year 2005/2006 has been approved 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. The following organization has been funded to assist homeless battered women and children: WISEPlace 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 tenants to acquire additional and landlords about the understanding of housing law and OCHA Section 8 program related policy issues. have been made 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 feasibility of using CDBG not be limited to site acquisition, "off- funds will be assessed. setting" of land and /or construction costs. Development CDBG funds and allocate a portion of such funds to sub - recipients who provide shelter and other services for the homeless. The Action Plan for Fiscal year 2005/2006 has been approved 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. The following organization has been funded to assist homeless battered women and children: WISEPlace Housing Element Implementation Annual Progress Report October 5, 2005 5.1.2 As a condition of receiving housing On -going funding through the City, the City shall require social service Reports are submitted on a agencies receiving such funds quarterly basis with each record information on clients they invoice from CBDG recipients. serve and provide an annual audit These records are kept on file of their 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 Research is in progress, and an and Grant Program to underwrite analysis of different programs all or part of the cost of necessary and the financial feasibility of housing modifications and repairs. participating in these programs Loans would be repaid or forgiven will be assessed. on an ability to pay basis. Health 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 Bayview Landing is a senior zoning districts pursuant to Zoning affordable housing project Code Sections 20.10.020 and consisting of 120 units. All units 20.15.020(b). are age restricted to those 62 ears of age and older. 5.1.5 Continue to permit, where On -going appropriate, development of "granny" units in single - family Code Amendment No. 2003 - areas of the City. Consider 001 (PA 2003 -054) was amending the zoning code to allow approved by City Council May approval of "granny units° at the 13, 2003 to grant the Planning staff level instead of by the Director approving authority Planning Commission. over Second Unit Use Permits, rather than the Planning Commission. 5.1.6 Consistent with the develop ment On-going Housing Element Implementation Annual Progress Report October 5, 2005 standards in residential and commercial areas, continue to permit emergency shelters and transitional housing under group housing provisions in its Zoning Code. Emergency shelters and transitional housing are monitored for compliance with the development standards 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 HIVIAIDS , the City may request funding at future HOPWA Strategy meetings. 5.1.8 Notify residential developers (upon On -going application for a discretionary permit) and to interested Project planners regularly individuals and families, the inform developers about following Table, entitled "Public affordable housing opportunities and Private Resources Available and programs. for Housing and Community Housing Element Implementation Annual Progress Report October 5, 2005 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 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 Development Activities. (Table included in Appendix 4 5.1.9 By December 2003, the City shall Completed analyze and determine whether there are constraints on the As required by SB520, a development, maintenance and Constraints Analysis report was improvements of housing intended completed in January 2004, for persons with disabilities, however due to anticipated consistent with SB 520 enacted changes to the Zoning Code Jan. 1, 2002. If any constraints pertaining to "Residential Care are found, the City will take Facilities ", the report was subsequent actions within 6 postponed until a resolution was months of the completion of the adopted. The City has adopted evaluation. The analysis will amendments to the Zoning include an evaluation of existing Code which includes the land use controls, permit and addition of a Federal Exception processing procedures and Permit process as a mechanism building codes. If any constraints for persons to request a are found in these areas, the City reasonable accommodation will initiate actions to address pertaining to residential care these constraints, including facilities for 7 or more persons removing the constraints, or within residential zones. providing reasonable Changes have been made to accommodation for housing the SB520 Constraints Analysis intended for persons with consistent with the amendments disabilities. and the report was submitted to _ HCD on July 20, 2004. _ 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 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 Housing Element Implementation Annual Progress Report October 5, 2005 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 intended 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.