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HomeMy WebLinkAbout16 - GP 2004-010 - Housing Element Amendments0 • CITY OF NEWPORT BEACH U.1 �, CITY COUNCIL STAFF REPORT y I a ,o 5- Agenda Item No. 14 March 22, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PLANNING DEPARTMENT Jaime Murillo, Assistant Planner (949) 644 -3209 Imurillo city.newport- beach.ca.us SUBJECT: General Plan Amendment (GP 2004 -010) Amendments to the Housing Element (PA 2004 -235) APPLICANT NAME: City of Newport Beach ISSUE Should the City Council adopt amendments to 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 additional provisions to promote the achievement of the City's housing goals? RECOMMENDATION Adopt the attached resolution approving General Plan Amendment No. 2004 -010. DISCUSSION 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, as well as the need to include additional provisions that could further promote affordable housing construction. • The City Council initiated the proposed amendments to the Housing Element of the Newport Beach General Plan on November 23, 2004. These amendments include: Amendments to Housing Element March 22, 2005 Page 2 1) Amend Housing Program 1.2.1 to change the date of the annual General Plan report deadline to be consistent with State Law. 2) Amend Housing Program 2.1.1 to correct an erroneous reference to the Municipal Code. 3) Expand Housing Program 2.2.1 to include provisions for the production of housing for moderate - income households. 4) Provide consistency within the Housing Element when defining affordable income categories. 5) Amend the affordability standards to be consistent with the standards used by the State Department of Housing and Community Development and The Office of the Attorney General. The Planning Commission reviewed the proposed amendments on March 3, 2005 and voted unanimously to adopt the resolution recommending approval of the amendments to the City Council. Additionally, in accordance with the State's Housing Element Guidelines, the City has submitted to HCD, a 60 -day notification of intent to adopt amendments to the Housing Element. On February 25, 2005, the City received a letter from HCD stating that they have reviewed the proposed amendments and have determined that the City's Housing Element will remain in compliance with State Housing Element law. A detailed discussion of the amendments is provided in the attached Planning Commission staff report. Environmental Review 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). Public Notice Public notice for the March 22, 2005 hearing was printed in the Daily Pilot, in accordance with Section 65353 of the Government Code. Additionally, this item was included on the agenda for this meeting, which was posted at City Hall and on the City's web site. • Amendments to Housing Element March 22, 2005 Page 3 Alternatives The City Council has the option to recommend changes to the proposed General Plan Amendment or decline to adopt the General Plan Amendment. Prepared by: Jairfie Murillo Assistant Planner Attachments: Submitted by: WV �i. ..- 1. City Council Draft Resolution No. 2. March 3, 2005 Planning Commission Staff Report • 3. Planning Commission Resolution 4. March 3, 2005 Draft Planning Commission Minutes Ft USERSTLN',Sharcd,PA'sTAs - 2004,PA2004- 235,,GP 2004 -010 CCtpt.doc 0 Attachment 1 Draft City Council Resolution n U 0 RESOLUTION NO. 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 City of Newport Beach City Council Resolution No. _ Page 2 of 2 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 March 22, 2005, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMB ABSENT COUNCIL MEMBERS MAYOR ATTEST: 0 M, 0 0 0 Exhibit A Proposed Changes h EXHIBIT "A" 0 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 is danuaFy 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 28.7-9 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 and low- * RGGFRe h9useh9lds 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). 9 a 3. Projects where more than fifty are proposed shall be required to provide the units. All required veFy lew and low ineame 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 1190 °^} 50 - 80 percent of the County median household income. "Very Low Income" households are those households with annual incomes of 69 80 PeFN-At 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 uses the follows the regulations of Title 25 (Housing and Community Development) of the California Code of Regulations, &6910 through 6932. The feAewing income groups are defined as follows: .• _.• ■ 0 Medliwmi-oeme: 809; 1900% ef the 61LJD Median family *RGeme e(�usted far family size as Isheyon in the §50092 Table and Urban Development. Low - income: 50 %. -80 % of the area median income, as adiusted for family size by the United States Department of Housing and Urban Development. Moderate - income: 80 %. -120 % of the area median income, as adjusted + of the area median LJ 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_ aad iaGGPAe Ghall be GeRfermanGe with the §59993 Table as�lblleywgs; • 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, `median and moderate - income households shall be no more than 30% of the income *R the §50093 Ta e limits set forth in 46932. The selling price of an ownership unit shall be no • Lf 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. 0 • Attachment 2 March 3, 2005 Planning Commission Staff Report • J'�- CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 March 3, 2005 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT Tamara Campbell, Senior Planner (949) 644 -3238 tcampbellOcity.newport- beach.ca.us Jaime Murillo, Assistant Planner (949) 644 -3209 imurilloa- city. newport- beach. ca. us SUBJECT: General Plan Amendment (GP 2004 -010) Amendments to the Housing Element (PA 2004 -235) RECOMMENDATION Adopt the attached resolution recommending approval of General Plan Amendment No. 2004 -010 to the City Council. DISCUSSION The Housing Element was adopted in August of 2003 and 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, as well as the need to include additional provisions that could further promote affordable housing construction. The City Council initiated the proposed amendments to the Housing Element of the Newport Beach General Plan on November 23, 2004. These amendments include: 1) Amend Housing Program 1.2.1 to change the date of the annual General Plan report deadline to be consistent with State Law. 2) Amend Housing Program 2.1.1 to correct an erroneous reference to the Municipal Code. 3) Expand Housing Program 2.2.1 to include provisions for the production of housing for moderate - income households. 0 0 Amendments to Housing Element March 3, 2005 Page 2 4) Provide consistency within the Housing Element when defining affordable • income categories. 5) Amend the affordability standards to be consistent with the standards used by the State Department of Housing and Community Development and The Office of the Attorney General. Additionally, in accordance with the State's Housing Element Guidelines, the City has submitted to HCD, a 60 -day notification of intent to adopt amendments to the Housing Element. The 60-day review period ended on February 25, 2005 and, based on conversations with Housing Policy Analyst assigned to the City, the amendments are not anticipated to effect the certified status of the Housing Element. An update on HCD's final determination will be provided at the hearing. Analysis 1) Housing Program 1.2.1 is intended to implement California Government Code Section §65400 mandating annual reporting of the General Plan and the Housing Element. The program reads 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 in January of each year via US Postal Service." However, California Government Code Section §65400(b)(2) actually requires that the report, "be provided to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on or before October 1 of each year , not in January of each year. Based on conversations between City staff and HCD staff, it was determined that this inconsistency should be corrected by amending Housing Program 1.2.1. This would ensure consistency with Government Code Section §65400 and clarify that one General Plan report should be prepared annually and submitted prior to October 1St of each year. 2) Housing Program 2.1.1 incorrectly refers to a particular chapter of the Municipal Code. The program reads 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 20.73 of the Newport Beach Municipal Code." '1 1 Amendments to Housing Element March 3, 2005 Page 3 The Program inadvertently refers to a chapter of the Newport Beach Municipal Code that no longer exists. The program should be corrected to refer to Chapter 20.83 (Residential Condominium Projects). 3) Housing Program 2.2.1 is the statement of the City's inclusionary housing policy. The program requires the construction of very low- and low- income units (or the payment of an in -lieu fee) when construction of new units is proposed. In an effort to promote achievement of the City s housing goals, staff believes the program should be expanded to also provide for moderate income units. The existing program reads 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- and low- income households. Given considerations of proper general planning, the Califomia 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- and low- 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 orpaying the in- lieu fee(s). 3. Projects where more than fifty are proposed shall be required to provide the units. All required very low- and low- 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." The City's Regional Housing Needs Assessment (RHNA) sets forth the need for 83 moderate - income units and yet the Housing Element does not currently promote or provide incentives for this type of development. As such, amending the above housing program would further the City's possibilities in )5 Amendments to Housing Element March 3, 2005 Page 4 accomplishing its RHNA goals in the moderate - income category. The amendment would simply add moderate - income households within this existing policy. 4) Within the discussion of Housing Affordability on Page 26, the Housing Element inadvertently includes inconsistent criteria for defining affordability income categories. The Housing Element incorrectly defines "Very Low Income" households as those households with annual incomes between 50- 80 percent of the County median household income and "Low Income" households as those households with annual incomes between 80 -100 percent of the County median household income. The Housing Element should define "Very Low Income" households as those households with annual incomes of 50 percent or less of the County median household income and "Low Income" households as those households with annual incomes between 50 -80 percent of the County median household income. The amendment will revise the affordability percentages accordingly. 5) Pages 67 and 68 of the Housing Element provide the base affordability standards for the purposes of defining income categories and their applicability. These standards were derived from a strict interpretation of Section 50093 of the State of California Health and Safety Code. Although technically correct, the standards create confusion when determining • affordability requirements because both the State Attorney General and State HCD use a simplified version for defining income categories when determining the City's share of regional housing needs and for establishing program affordability requirements. Staff recommends amending the affordability standards within the Housing Element on pages 67 and 68 to follow the regulations of Title 25 (Housing and Community Development) of the California Code of Regulations, Sections 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 0 �b Amendments to Housing Element March 3, 2005 Page 5 Additional clarification and minor formatting changes are also proposed to the affordability standards applied to rental and ownership housing. All references to Section §50093 of the State of California Health and Safety Code will also be eliminated and replaced with a reference to §6932 of the California Code of Regulations. Incorporation of these standards will eliminate confusion and make the Housing Element consistent with the income categories and income limits used by both the Attorney General and State HCD. Environmental Review 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). Public Notice Public notice for the March 3, 2005 hearing was printed in the Daily Pilot, in accordance with Section 65353 of the Government Code. Additionally, this item was included on the agenda for this meeting, which was posted at City Hall and on the City's web site. Alternatives The Planning Commission has the option to recommend changes to, or against, the proposed General Plan Amendment. P 1 pared by: r n n ;Vu'ri't' �:N ll !I itA�II SLY Tamara Ca"bell Senior Planner, AICP Jaime Murillo Assistant Planner Submitted by: Patricia Temple Planning Director 0 FA USERSTLN\ SharedTA' s1PAs- 2004\PA2004- 235\PCrpt030605.doc 1� Attachment 3 Planning Commission Resolution 0 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ADOPTION OF 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, a public hearing was held by the Newport Beach Planning Commission on March 3, 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 Planning Commission 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 Section 1. The Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt General Plan Amendment No. 2004 -010 to revise the Housing Element 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 1� City of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF MARCH, 2005. M Fin Larry Tucker, Chairman Jeffery Cole, Secretary AYES: Eaton, Cole, Toer4e, Tucker, Selich, McDaniel, Hawkins NOES: 0 ao • n LJ Attachment 4 0 March 3, 2005 Planning Commission Minutes Planning Commission Minutes 03/03/2005 Eaton, Cole, Toerge, None None City of Newport Beach McDaniel and H Page 4 of 17 ITEM NO. 3 PA2004 -235 kmendments to the Housing Element of the Newport Beach General Plan to eliminat Recommended iscrepancies and insure consistency within the text, clarify existing policies anj for Approval ffordability standards, and include additional provisions to promote the achievement o ie City's housing goals. These amendments include . Amend Housing Program 1.2.1 to provide consistent dates for the an reporting of the Housing Element and General Plan. Amend Housing Program 2.1.1 to correct an erroneous reference to Municipal Code. . Expand Housing Program 2.2.1 to include provisions for the production housing affordable to moderate income households. Provide consistency within the Housing Element when defining affo income categories. . Amend the affordability standards to be consistent with the standards used by State Department of Housing and Community Development and Office of Attorney General. ommissioner Eaton noted his concern with the third provision and if that means tt e larger developers do not have to build any low income units and therefore, th on't; secondly, does that affect the in -lieu fees eventually because it is not (pensive to build moderate or at oderate as it does for very low and Dwn or won't accelerate as much i -ovide low and very low income t )ncern to HCD eventually if we apposed to be doing in the Housing least it does not require as much subsidy ' does that mean that our in -lieu fees will be goi ip and therefore the City will also not be able mits. Is the combination of that going to be are not able to meet those things that we e Element? aime Murillo answered that we are in the process of drafting an inclusionary Zo irdinance, which is going to address the affordability requirements based on rorated basis of portions of our RHNA figures. >. Wood added that we are in the process of working on an in -lieu fee and have been )rking with the City Council's Affordable Housing Task Force on that, which is tually where this proposal arose. We had our consultant look at two scenarios for s in -lieu fee, what they call the baseline scenario was the required inclusionary using in -lieu fee per market rate unit if you did not have it apply to moderate income its to receive the assistance. With that the fee would have been about $33,000 per arket rate unit built. If we make the change to allow moderate income units to qualify, D fee reduces to nearly $25,000. There is a difference in what we would get but it still so much greater than what we are at today. I think the last one we negotiated was! Aa file: //1-1: \Plancomm\2005 \030305.htm 03/14/2005 Planning Commission Minutes 03/03/2005 Page 5 of 17 12,000 per unit. It is still a big move in the right direction. I don't think that HCD will ver need to look at the inclusionary ordinance itself, they are reviewing the Housing Element and the programs in that as long as we report that we have adopted the fee nd are implementing it. As the staff report notes, we do have a need for moderate come units. Commissioner Eaton asked when the new proposed fee would go in? DRAFT Wood answered that the ordinance will be brought to the City Council shortly ai have this amendment to the Housing Element done because we did not want a a fee that was inconsistent with the Element. rperson Tucker asked if that fee ordinance will come before the Plannin mission. He then noted that for the proposals that are out there for Brookfield, ly airport, and Lennar in Newport Center, those are going to have to provid dable units on site because there are more than fifty units. Wood answered it goes directly to the Council and affirmed the two mer Toerge, referring to item 2 in the staff report, asked how the is measured for four (4) consecutive quarters, is there a marketing su ime Murillo answered we survey about 20 of the major rental projects in the City. s have a list of their total units and every quarter we send out a survey on how many its are vacant and available for rent on the first day of every three months. Basically ompile the survey to establish what the total vacancy rate survey is. We average the (r consecutive quarters to determine what the percentage would be. This survey is sed on anything over fifteen units. :ommissioner Hawkins, referring to the insert of moderate income units on item oted we have a shortfall for 83 moderate - income units currently, do we know what hortfall is on the low and very low income units are? With respect to the 83 modern icome, what happens when that need is satisfied under this proposal. Is. Wood answered this proposal doesn't affect it. The Regional Housing Need: 2HNA) numbers are supposed to be re -done every five years. It is sometime: xtended to seven years or so because the State has not funded the program for th( egional Council of Government. What the community has produced within the pas ve or seven year period, I don't think really makes that much difference in what you ext round of numbers come out to be. They look at vacancy rates, total number c nits, income levels and allocate on a regional basis into the Counties and then th( ounty allocates it. They look at employment, so it is a much more complicate( )rmula. It is not a matter of once you produce these 83 units you are done, the marke ould change over the five years. Murillo noted that including the Newport Coast annexation area, there is a for 86 very low income units; and low income units is a total of 148. 7ublic comment was opened. Public comment was closed. a3 file: //1-1: \Plancomm \2005 \030305.htm 03/14/2005 Planning Commission Minutes 03/03/2005 Page ,6 of 17 otion was made by Commissioner Toerge to adopt General Plan Amendment P2004 -010 which is an amendment to the Housing Element PA2004 -235 . I es: Eaton, Cole, Toerge, Tucker, Selich, McDaniel and Hawkins oes: None D AFT O bsent: None bstain: None OBJECT: Rudy's Pub and Grill (PA2004 -273) ITEM NO.4 3110 Newport Boulevard PA2004 -273 �que er to pmit additions and alterations to an existing eating and drinking Approved tablish nt. The applicant proposes to add a retractable roof over a portion of th ilding, an exterior patio adjacent to Newport Boulevard and second floor offs ce ace. The e�dification Permit request is to permit alterations of portions of the firs or and the new second floor office space that encroach 4 feet into the required 10 )t alley setback. regg Ramirez noted h'"has new proposed changes to the conditions of approval. hairperson Tucker noted fh t in the staff report, the conditions that were propose are referred to as mitig (on measures or other items that address u; iaracteristics. The Planning ommissioners refer to the condition number so that as easier for them to just flip bac nd see what the condition actually said in the to the staff report. I would like to hav that resume, otherwise we are just hunting ar �cking through each one of the conditi ps and a lot of them are fairly boiler - plate. , Mr. Ramirez noted: \ I • One that was omitted is a standard conditi n that requires that a Water Qu Management Plan be approved by both the ublic Works Department and Building Department prior to issuance of a Building Permit. The other two are related to the side walls conditions 2 and 43. Number 42 is requirement as proposed that a six foot high wall be in ailed along the northei property line between Rudy's and what is the Ho S m Restaurant. Sts proposes that this condition be removed from the draft res tion after looking the narrow area, as it might be a problem for security and tra accumulation. is a 'dead' space there and staff believes that it should be left op n. Condition 43 is a requirement for a three foot wall to be constructed etween parking lot and the adjacent right -of -way. Staff believes, through worki with applicant and their landscape architect, we can provide landscaping in t t < that would create better aesthetics than a solid wall in that area. Therefore, recommends this condition be deleted as well. Ramirez noted that a landscape plan is required to be submitted and approved Planning Department. He then stated that the applicant believes that there scommunication regarding the live entertainment and the request thereof. 7 piicant desires to retain his right for live entertainment. If the Commission feels tl luest is workable, we have a draft condition of approval related to I file: //H: \Plancomm \2005 \030305.htm 03/14/2005 NOTICE OF PUBLIC HEARING General Plan Amendment No. 2004 -010 (PA2004 -235) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the City of Newport Beach for General Plan Amendment No. 2004 -010. Amendments to 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 additional provisions to promote the achievement of the City's housing goals. These amendments include: 1) Amend Housing Program 1.2.1 to change the date of the annual General Plan report deadline to be consistent with State Law. 2) Amend Housing Program 2.1.1 to correct an erroneous reference to the Municipal Code. 3) Expand Housing Program 2.2.1 to include provisions for the production of housing for moderate - income households. 4) Provide consistency within the Housing Element when defining affordable income categories. 5) Amend the affordability standards to be consistent with the standards used by the State Department of Housing and Community Development and The Office of the Attorney General. NOTICE IS HEREBY FURTHER GIVEN that 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). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 12th day of April. 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk 3 • a -�� City of Newport Beach �OCrT,,I 3 -aa -o5 G NOTICE OF PUBLIC HEARING General Plan Amendment No. 2004 -010 (PA2004 -235) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the City of Newport Beach for General Plan Amendment No. 2004 -010. Amendments to 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 additional provisions to promote the achievement of the City's housing goals. These amendments include: 1) Amend Housing Program 1.2.1 to change the date of the annual General Plan report deadline to be consistent with State Law. 2) Amend Housing Program 2.1.1 to correct an erroneous reference to the Municipal Code. 3) Expand Housing Program 2.2.1 to include provisions for the production of housing for moderate - income households. 4) Provide consistency within the Housing Element when defining affordable income categories. 5) Amend the affordability standards to be consistent with the standards used by the State Department of Housing and Community Development and The Office of the Attorney General. NOTICE IS HEREBY FURTHER GIVEN that 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). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 12th day of April, 2005, at the hour of 7:00 a.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING General Plan Amendment No. 2004 -010 (PA2004 -235) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the City of Newport Beach for General Plan Amendment No. 2004 -010. Amendments to the Housing Element of discrepancies and insure consistency within standards, and include additional provisions goals. These amendments include: the Newport Beach General Plan to eliminate the text, clarify existing policies and affordability to promote the achievement of the City's housing l) Amend Housing Program l .2.1 to change the date of the annual General Plan report deadline to be consistent with State Law. 2) Amend Housing Program 2. 1.1 to correct an erroneous reference to the Municipal Code. 3) Expand Housing Program 2.2.1 to include provisions for the production of housing for moderate- income households. 4) Provide consistency within the Housing Element when defining affordable income categories. 5) Amend the affordability standards to be consistent with the standards used by the State Department of Housing and Community Development and The Office of the Attorney General. NOTICE IS HEREBY FURTHER GIVEN that 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). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22nd day of Mareh, 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivergd to the City at, or prior to, the public hearing. For information call (949) 644 -3200. 04fd ID � / I ^ J I LaVonne M. Hail-less, City Clerk- GI oa l lej v IG f ' C ? pity of Newport Beach C � . led ��stcarcis t/�,uI 5-i+c/ N o-p ce — I !A NOTICE OF PUBLIC HEARING General Plan Amendment No. 2004 -010 (PA2004 -235) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of the City of Newport Beach for General Plan Amendment No. 2004 -010. Amendments to 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 additional provisions to promote the achievement of the City's housing goals. These amendments include: 1) Amend Housing Program 1.2.1 to change the date of the annual General Plan report deadline to be consistent with State Law. 2) Amend Housing Program 2. 1.1 to correct an erroneous reference to the Municipal Code. 3) Expand Housing Program 2.2.1 to include provisions for the production of housing for moderate- income households. 4) Provide consistency within the Housing Element when defining affordable income categories. 5) Amend the affordability standards to be consistent with the standards used by the State Department of Housing and Community Development and The Office of the Attorney General. NOTICE IS HEREBY FURTHER GIVEN that 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). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22nd day of March. 2005, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Ornge County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: APRIL 2,2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on APRIL 2,2005 at Costa Mesa, California. Signature '05 APR -R ,'19:16 NOTKEOF provisions for the pro - PUBIKHEONG duction of housing for moderate - income Gmmd Plan ANFldnmit households. N0.2004-010 4) Provide consistency within the Housing MA2004.23q Element when defining NOTICE IS HEREBY affordable income cate- GIVEN that the City gories. Council of the City of 5) Amend the afford - Newport Beach will hold ability standards to be a public hearing on the consistent with the application of the City standards used by the of Newport Beach for State Department of General Plan Amend- Housing and Community mont No -2004 -010. Development and The Amendments to the Office of the Attorney Housing Element of the General. Newport Beach General NOTICE IS HEREBY Plan to eliminate dis- FURTHER GIVEN that crepancies and insure the proposed action is consistency within the not defined as a project text, clarify existing under the California policies and affordability Environmental Quality standards. and include Act (CEQA) because it additional provisions to involves general policy promote the achieve- and procedure making ment of the City'sl activities not associated housing goals. These' with a project or a amendments include: physical change in the 1) Amend Housing environment (Section Program 1.2.1 to change 15378 of the' CEQA the date of the annual Guidelines). General Plan report NOTICE IS HEREBY deadline to be consistent FURTHER GIVEN that with State Law. said public hearing will 2) Amend Housing be held on the 12th day Program 2.1.1 to correct lof April, 2005, of the an erroneous reference 1hour of 7:00 p.m. in to the Municipal Code. I the Council Chambers of 3) Expand Housing the Newport Beach City Program 2.2.1 to include Hall, 3300 Newport Boulevard, Newport Beach. California, at which time and place any and all persons interested may appear and be heard thereon. if you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at. or prior to, the public hearing. For information call (949) 544 -3200. /z/ LoVonne M. Harklezz, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot April 2, 2005 Sa815