HomeMy WebLinkAbout20 - Inclusionary Housing & In-Lieu Housing Fee - Supplemental Staff ReportCITY OF NEWPORT BEACH
SUPPLEMENTAL CITY COUNCIL STAFF REPORT
Agenda Item No. 20
April 27, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Jaime Murillo, Associate Planner
949- 644 -3209, imurillo(a)newportbeachca.gov
SUBJECT: AMENDMENT TO TITLE 19, "SUBDIVISIONS", OF THE NEWPORT
BEACH MUNICIPAL CODE, CODE AMENDMENT NO. CA2006 -004
AND ADOPTION OF IN -LIEU HOUSING FEE (PA2005 -062)
Staff has made a minor revision to Section 19.54.080 (Affordable Housing Agreements) of
the draft ordinance. Attached is the revised language shown in bold.
Prepared by:
-Jaime Murillo
Associate Planner
CC 1 Revision to Section 19.54.080
Page 19.54 -6
Inclusionary Housing
4. The units shall not already be subject to affordability income restrictions
unless such restrictions are set to expire in 3 years or less. In such cases,
the affordability covenant shall provide for 30 years in addition to any
existing covenant time.
C. Land Dedication. An applicant may propose to dedicate land to the City or to a
City- designated housing developer for the provision of affordable units in lieu of
constructing some or all of the affordable units required by this Chapter. The
dedicated land shall meet the following site suitability requirements:
1. The dedicated land shall be useable for its intended purpose and have the
appropriate General Plan and zoning designation for the development of
affordable housing, be free of toxic substances and contaminated soils, be
fully improved with infrastructure and adjacent utilities necessary to serve
the project, and shall have no title restrictions that would prevent the
development of the required number of affordable units.
2. Title to the dedicated land, or lease hold for the useful life of the housing
improvements, shall be conveyed to the City or City- designated housing
developer before a Building Permit is issued for any portion of the
residential subdivision project.
3. All property taxes, special taxes, fees, or other assessments shall be
current before the title is conveyed.
4. The dedicated land shall be sufficient in size to construct the number of
affordable units that the applicant would otherwise be required to
construct.
D. Findings and Decision. The review authority may approve or conditionally
approve, an AHIP that proposes alternative means of compliance with the
requirements of this Chapter after first finding all of the following:
1. The purpose of this Chapter would be served by the implementation of the
proposed alternative;
2. The units provided are located within the City and are consistent with the
requirements of this Chapter; and
3. It would not be feasible or practical to construct the units on -site.
19.54.080 Affordable Housing Agreement.
An applicant that chooses any option for satisfying the affordability requirements
of the Chapter, with the exception of the payment of in -lieu fees, shall enter into
an affordable housing agreement with the City. The An affordable housing
agreement shall be executed in a recordable form prior to the issuance of a Building
Permit for any portion of a residential subdivision project subject to the requirements of
this Chapter.