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Home My WebLink About2013-28 - Repealing Chapter 19.54 (Inclusionary Housing) of Title 19 of the Newport Beach Municipal CodeORDINANCE NO. 2013 -28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 19.54 (INCLUSIONARY HOUSING) OF TITLE 19 OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, it is a public purpose of the City and a policy of the State to achieve a diverse and balanced community with housing available for households of all income levels; and WHEREAS, the Regional Housing Needs Assessment (RHNA) assigned to the City is a total projected housing need of five units for the 2014 -2021 Planning Period; and WHEREAS, the City has pursued other programs to help facilitate the development of the City's existing and projected housing needs, such as the adoption of Residential Development Overlay standards in the Newport Place Planned Community District of the Airport Area, promotion of density bonuses, and senior accessory dwelling units; and WHEREAS, the City is projected to have an in -lieu fund balance of $4.34 million by fiscal year 2014, from previously approved projects subject to the inclusionary housing requirements of Chapter 19.54, and this fund will assist with the production, rehabilitation, or preservation of affordable housing during the upcoming planning period; and WHEREAS, on September 24, 2013, the City Council adopted the 2014 -2021 Housing Element Update, which included the removal of the Inclusionary Housing Program (formally HP2.2.1); and WHEREAS, the City Council finds it necessary at this time to repeal Chapter 19.54 Inclusionary Housing from the Municipal Code so that projects approved after September 24, 2013, would not be subject to an inclusionary housing requirement; and WHEREAS, notice of this hearing was made by posting the Council Agenda on the City's official notice bulletin board and posting the agenda and report on the City's Website. Notice of the time and place of the hearing, including the address where the information could be reviewed, and was also posted on the City's official notice bulletin board not less than 14 days prior to the hearing. In addition, an e -mail notification of this meeting was sent to all interested parties on the City's Housing Interest List. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Chapter 19.54 of the Newport Beach Municipal Code is hereby repealed. All other provisions of Title 19 of the Newport Beach Municipal Code shall remain unchanged. SECTION 2: Residential development projects with an Affordable Housing Implementation Plan approved or amended prior to September 24, 2013, shall be required to fulfill their affordable housing obligations pursuant to the provisions of the former Inelusionary Housing Program HP2.21 of the 2006 -2014 Housing Element of the General Plan and /or Chapter 19.54 of the Municipal Code that were in effect prior to the adoption of the 20142021 Housing Element. SECTION 3: Residential subdivision projects for new residential subdivisions that were approved prior to September 24, 2013, shall be required to fulfill their affordable housing obligations pursuant to the provisions of the former Inclusionary Housing Program HP2.2.1 of the 2006 -2014 Housing Element of the General Plan and /or Chapter 19.54 of the Municipal Code that were in effect prior to the adoption of the 2014 -2021 Housing Element. SECTION 4: For projects listed in Section 2 and Section 3 above that are permitted to fulfill their affordable housing obligations through the payment of in -lieu housing fees, the amount of said fee shall take into account the automatic annual adjustments based on the percent change in new home prices in Orange County as published in the Real Estate Research Council report. As of the date of this ordinance the current in -lieu housing fee is $22,359 per market rate unit. SECTION 5: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 6: All significant environmental concerns for the proposed project have been addressed in a previously adopted Negative Declaration (ND) SCH No. 2011091088 for the 2008 -2014 Housing Element Update and used for the 2014 -2021 Housing Element Update. The ND uses and incorporates by reference the environmental analysis from the City of Newport Beach Environmental Impact Report General Plan 2006 Update SCH No. 2006011119, certified on July 25, 2006. The ND indicates that the Housing Element Update, and related goals, policies, and programs, will not result in a significant effect on the environment and further that there are no additional alternatives or mitigation measures that should be considered in conjunction with said project; and SECTION 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. SECTION 8: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of November, 2013, and adopted on the 10th day of December, 2013, by the following vote, to wit: AYES, COUNCIL MEMBERS Petros, Hill, Selich, Henn, Daigle, Mayor Curry NOES, COUNCIL MEMBERS Gardner ABSENT, COUNCIL MEMBERS None ATTEST: -, ` k K& z Leilani Brown, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron C. Harp, City Attorney '1114 /Z Keith D. Curry, Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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 ordinance, being Ordinance No. 2013 -28 was duly and regularly introduced on the 26th day of November, 2013, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of December, 2013, and that the same was so passed and adopted by the following vote, to wit: AYES: Petros, Hill, Selich, Henn, Daigle, Mayor Curry NAYS: Gardner IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of December, 2013. CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2013 -28 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: November 30, 2013 Adopted Ordinance: December 14, 2013 In witness whereof, I have hereunto subscribed my name this day of 2013. I k--- pity �, Jerk City of Newport Beach, California (Seal)