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Home My WebLink About2005-19 - GPA 2004-010 - Housing Element Amendments - PA 2004-235RESOLUTION NO. 2005- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING GENERAL PLAN AMENDMENT NO. 2004 -010 RELATED TO HOUSING ELEMENT AMENDMENTS. (PA 2004 -235) WHEREAS, the Housing Element was adopted in August of 2003 and conditionally certified by the State Department of Housing and Community Development (HCD) in September of 2003. Since then, staff has discovered several discrepancies requiring revision for consistency and clarification; and WHEREAS, the City Council initiated amendments to the Housing Element of the Newport Beach General Plan on November 23, 2004 by adopting a written statement of intent; and WHEREAS, on March 3, 2005, the Planning Commission voted unanimously to recommend approval of the amendments to the City Council; and WHEREAS, a public hearing was held by the Newport Beach City Council on March 22, 2005 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code and State Law. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, additional provisions are also proposed to be included that could further promote affordable housing construction in the City; and WHEREAS, the proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves General Plan Amendment No. 2004 -010 to revise the Housing Element of the Newport Beach General Plan to eliminate discrepancies and insure consistency within the text, clarify existing policies and affordability standards, and include provisions to promote the achievement of the City's housing goals, as shown in Exhibit A. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on April 12, 2005, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg NOES, COUNCIL MEMBERS Nichols ABSENT COUNCIL MEMBERS_ Heffernan MAYOR EXHIBIT "A" Proposed Housing Element Changes 1) Housing Program 1.2.1 located on page 69 of the Newport Beach Housing Element is hereby amended to read as follows: As part of its annual General Plan Review, the City shall provide information on the status of all housing programs. The portion of the annual report discussing Housing Programs is to be distributed to the California Department of Housing and Community Development in accordance with California State law prior to October 1st of each year via US Postal Service. 2) Housing Program 2.1.1 located on page 71 of the Newport Beach Housing Element is hereby amended to read as follows: 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. 3) Housing Program 2.2.1 located on page 72 of the Newport Beach Housing Element is hereby amended to read as follows: Continue to require a proportion of affordable housing in new residential developments or levy an in -lieu fee. The City's goal over the five -year planning period is for an average of 20% of all new housing units to be affordable to very low -, low -, and moderate - income households. Given considerations of proper general planning, the California Environmental Quality Act, project development incentives, and government financial assistance, the City shall either; a) require the production of housing units affordable to very low -, low -, and moderate - income households, or b) require the payment of an in -lieu fee, depending on the following criteria for project size: 1. Projects where ten or fewer housing units are proposed shall be required to pay the in -lieu fee(s). 2. Projects where the proposal is for more than ten housing units, but fewer than fifty, shall have the option of providing the units or paying the in -lieu fee(s). 3. Projects where more than fifty are proposed shall be required to provide the units. All required very low -, low -, and moderate - income units shall be provided on- site unless at an off -site location approved by the City. Implementation of this program will occur in conjunction with City approval of any residential discretionary permits or Tentative Tract maps. To insure compliance with the 20% affordability requirements, the City will include conditions in the approval of discretionary permits and Tentative Tract Maps to require ongoing monitoring of those projects. 4) The last paragraph on page 26 of the Newport Beach Housing Element is hereby amended to read as follows: In its 1988 Regional Housing Needs Assessment, the Southern California Association of Governments calculated that of 4,431 lower- income households, paid more than 30% of their income for housing. According to SCAG estimates, 2,625 very low- income households and 1,806 low- income households paid more than 30% of their income for housing. In 1990, 2,583 very low- income and 4,071 low- income households paid more than 30% of their income for housing. "Low Income" households are those households with annual incomes between 50 — 80 percent of the County median household income. "Very Low Income" households are those households with annual incomes of 50 percent or less of the County median household income. 5) The income affordability standards defined on pages 67 and 68 of the Newport Beach Housing Element are hereby amended to read as follows: For purposes of defining income groups, the Housing Element follows the regulations of Title 25 (Housing and Community Development) of the California Code of Regulations, §6910 through 6932. The income groups are defined as follows: Very Low- income: 50% or less of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. Low- income: 50 % -80% of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. Moderate - income: 80% -120% of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. Above Moderate - income: 120% + of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. The following affordability standards shall apply to rental and ownership housing: • Maximum household income shall be determined by number of persons in a family or household. • Income shall be in conformance with the limits set forth in 25 C.C. R. §6932. • An efficiency unit as if occupied by one person; a one bedroom as if occupied by two persons; a two bedroom as if occupied by four persons; a three bedroom as if occupied by six persons; and a four bedroom as if occupied by eight. • Rents for very low -, low, and moderate - income households shall be no more than 30% of the income limits set forth in §6932. The selling price of an ownership unit shall be no more than 3 times the buyer's income. Units may be sold to buyers with qualifying incomes for the limited sales price without regard to the number of persons in the family. Specific Goals, Policies, and Programs of the Year 2000 Newport Beach Housing Plan follow. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2005 -19 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of April 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Absent: Heffernan Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of April 2005. (Seal) 6�a& lllz moo_ City Clerk Newport Beach, California