HomeMy WebLinkAbout09 - General Plan Annual Status Report - PA2007-195aEW PpR�
CITY OF
NEWPORT BEACH
C9M �`P City Council Staff Report
Agenda Item No. 9
March 13, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949- 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner
APPROVED: A
TITLE: General Plan Annual Status Report including Housing Element
Report (PA2007 -195)
ABSTRACT:
Government Code Section 65400 mandates that the City prepare an annual report on
the status of the General Plan and the progress of implementation. The attached report
includes the requirements pursuant to Government Code Section 65400(B) and
Government Code Sections 65583 and 65584, relating to the implementation of the
Housing Element of the General Plan. The report will be submitted to the City Council
and a copy is required to be sent to the Office of Planning and Research (OPR) and the
Department of Housing and Community Development (HCD).
RECOMMENDATION:
Receive and file.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The General Plan Annual Status Report (Attachment No. PC 1) follows preparation
guidelines set forth by OPR and provides information for decision makers on the status
of the General Plan and progress on implementation during the 2011 calendar year.
The listed Implementation Programs are the General Plan Implementation Task List
created by the General Plan /Local Coastal Program Implementation Committee in 2007.
The report also includes the Housing Element Report mandated by Government Code
Sections 65583 and 65584. It demonstrates the City's progress in meeting its share of
regional housing needs and Housing Element programs. Lastly, the Housing Element
1
General Plan Annual Status Report including Housing Element Report (PA2007 -195)
March 13, 2012
Page 2
Report follows the guidelines provided by HCD as recommended by Government Code
Section 65400(8). The Housing Element section includes the following information:
A. Annual building activity reports for new housing units;
B. Regional housing needs allocation progress; and
C. Program implementation status including local efforts to remove governmental
constraints to the maintenance, improvement, and development of housing.
The Planning Commission reviewed this report at their February 23, 2012, meeting.
Staff provided clarification on the Housing Element Report and following discussion the
Commission received and filed the report.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
6w
Community Dev'1 pment Department
Kimberly Brandt, AI P, Director
Attachments: CC 1 General Plan Annual Status Report (Including Housing Element
Report)
Attachment No. CC I
General Plan Annual Status Report
including Housing Element Report
3
4
'�� �, 1 ��_ �. j, �' T �i
(including o g Element ' p o
2011 Calendar
Consistent with Government Code Section 65400, the General Plan Annual Status Report was prepared using guidelines
set forth by OPR and provides information for decision makers on the status of the General Plan and progress on
implementation during the 2011 calendar year. The updated Newport Beach General Plan was adopted in November
2006 pursuant to guidelines provided in Government Code Section 65040.2 and consistent with Section 65400(a)(2)(c).
On December 12, 2006, City Council created the General Plan /Local Coastal Program Implementation Committee for the
purpose of guiding implementation of the General Plan and Local Coastal Plan. The Committee created the General Plan
Implementation Task List to implement the General Plan. This report evaluates and provides the status of work on each
task as well as on other tasks that implement General Plan policy that were identified after preparation of the Task List.
The Housing Element Report addresses specific requirements mandated by Government Code Section 65400(a)(2),
Government Code Sections 65584 and 65583, and can be found following the General Plan Implementation tasks.
2
A. GENERAL PLAN IMPLEMENTATION TASKS
TASKS
STATUS
1.
Housing Element
Complete
certification by the
Department of
= The Draft Housing Element Update was adopted by City Council in November 2011.
Housing and
= City received a final letter from HCD on December 29, 2011, finding full compliance with state
Community
housing element law.
Development (HCD)
(Housing Element
2.
Economic
Ongoing
Development
Strategic Plan
Bi- annually update the Strategic Plan Implementation schedule, which includes objectives from
Implementation
the plan and a time line with allocated staff hours.
(Land Use Element)
= Objective 2.2 Newport Center /Fashion Island renovations (Phase 1) are complete. Phase II, a
renovation of the movie theaters is complete.
The Special Events Advisory Committee (SEAC) was formed to assist the City Council in
evaluating requests for City support of community events.
On June 28, 2011, the City Council approved allocating a total of $214,480 for community
event grants in the fiscal year 2011 -2012 General Fund budget. Fifteen local organizations
were awarded grants ranging from $800 to $90,000. The 2011 Special Events Calendar was
published in January 2011 and was printed in the February 2011 Navigator. These have been
updated for 2012.
= Provided data and background information for development of the Lido Village Concept Plan,
including input to departments for review of concept options.
3.
Fair Share Fee
Pending
update
(Circulation Element)
Staff is developing a recommendation to update the fee based on the results of the fee study.
Discussion at City Council will occur in mid -2012.
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TASKS
STATUS
4.
Parking requirements
On -going
and management
(Circulation Element)
Policy issues related to implementation measures to form a parking management district in the
Balboa Village area were presented to City Council at study session in September 2010.
Subsequently, staff was directed to develop a Balboa Village Vision Plan. A Parking
Management Plan will be prepared for the City Council in Spring 2012 which recommends
creating a parking management district.
5.
Traffic signal
Pending
synchronization
(Circulation Element)
Phases 1-4 and 7 have been completed.
Phase 5 construction is anticipated to be completed in Spring 2012.
Phase 6 design is anticipated to begin Summer 2012.
6.
Planned Community
On -going
rewrite and revisions
(Land Use Element)
= Property owners are responsible for amendments in the North Newport Center.
• Planned Community Amendments to Newport Place (PC 11) and Koll Center (PC 15) to add
residential as a permitted use will be considered in Spring 2012.
• The City prepared a conceptual development plan for Koll and Conexant (Airport Area). The
property owners have submitted their individual applications for the Planned Community
amendments.
Banning Ranch application includes the development of a Planned Community Development
Text and the final EIR is being drafted with public hearings anticipated in Spring 2012.
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TASKS
STATUS
7.
Banning Ranch Pre-
Pending
Annexation and
Development
Development Agreement terms established.
Agreement
Draft Development Agreement document is being prepared by the Office of the City Attorney.
(Land Use Element)
Draft EIR completed in September 2011; Final EIR is being drafted.
Public hearings anticipated in Spring 2012.
8.
Acquisition for Open
Ongoing
Space — support
active pursuit of
The exploration for the acquisition of Banning Ranch is continual, but to date, no funding
Banning Ranch as
sources have been identified.
permanent open
space
Land Use Element
ff
TASKS
STATUS.
9.
Run -off and Pollution
On -going
Reduction Plan
(Natural Resources
Continued compliance SARWQCB Water Quality Order No. R8 -2009 -0030 NPDES No.
Element)
CAS618030 which is the storm water permit issued by the Santa Ana Regional Water Quality
Control Board ( SARWQCB).
Installing Centralized Weather Based Irrigation Controller systems in all City parks.
In Spring 2012, staff will present to Council a Tiered Water Rate Development which proposes
restructuring the way the City charges for water.
= Installation of two CDS units (Measure M funding) capturing trash and debris (Old Newport
Blvd.).
Buck Gully Erosion and Stabilization Project.
The following actions resulted in the improvement of water quality and the implementation of water
conservation programs:
National Pollutant Discharge Elimination System ( NPDES) Inspections: Commercial, Industrial,
Construction and Restaurant inspections assuring compliance with water quality standards.
Weather Based Irrigation Controller Installation Program (prop 84 Grant funds) throughout
Newport Beach's Areas of Special Biological Significance (ASBS) watershed.
Offering turf replacement rebate ($1 sq. ft.). To date over twenty properties are converting turf
for drought tolerant plantings.
Implemented action to comply with SB -7x 7 Governors Water Reduction of 20% by 2020.
Submitted California Urban Water Conservation Council (CUWCC) Report which demonstrated
compliance with the requirements of the State Department of Water Resources.
Public Outreach:
WaterMiser Workshop
Monthly Water Bill Inserts (Water Quality and Water Use Efficiency)
Resident Survey (Water Quality & Water Conservation)
Coastal Cleanup Day
Kids Water Education Festival
HOA and Interest Group Presentations
11
TASKS
STATUS
10.
Land Use database
On -going
refinements and
maintenance
Maintenance and updates of databases are on- going.
Land Use Element
11.
Building Code
Ongoing
amendments
regarding green
For residential - energy star designation for all appliances, establish a maximum kitchen faucet
buildings
flow rate and dishwasher water use, and a minimum efficiency rating value air filter for HVAC
(Land Use Element)
equipment.
For nonresidential — control storm water runoff quantity and quality, energy star equipment and
appliances if available, energy saving controls for buildings with one or more elevators or
escalators, reduce water of commercial clothes washer by 10% below CEC standard, and
reduce water for commercial dishwashers consistent with the Green building Code.
City Council adopted the California Green Building Standards Code on November 23, 2010,
which became effective on January 11, 2011. The aforementioned amendments were adopted
on January 25, 2011, and became effective on February 25, 2011.
Green web links were completed and are provided to the public at
http://www.newportbeachca.gov/index.asox?paoe=l"oO"0.
12.
Amend City Council
Not Started
Policies on historic,
archaeological and
Projects are required to comply with the existing Council Policies and the California Environmental
paleological
Quality Act (CEQA) requirements. The Council Policies will be reviewed for possible updates.
resources
(Historical Resources
Element
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O
VA
TASKS
STATUS.
13.
Funding and priority
Pending Availability of Resources
program for
construction of noise
No current projects are under consideration.
barriers along
arterials
Noise Element
14.
Annual Review of
Ongoing
CIP to determine
consistency with the
On May 19, 2011, staff presented CIP for fiscal year 2011 -2012 to the Planning Commission for
General Plan and
review. The Planning Commission determined the CIP as consistent and the CIP was included with
Coastal Land Use
the CIP budget presentation to the City Council.
Plan
(Land Use Element)
15.
Emergency
Ongoing
Preparedness
= Point of Dispensing Grant
(Safety Element)
In January of 2011, the City signed a Planning. Services Agreement with the Orange County Health
Care Agency (OCHCA) to plan and prepare for public health emergencies. Over the past year, the
Fire Department has written Point of Dispensing Plans (POD) for three sites in Newport Beach which
include Oasis Senior Center, Saint Andrews Church, and Newport Harbor Lutheran Church. These
detailed POD plans can be activated to provide medication and medical supplies to first responders
and to the public. It is estimated that each POD site could provide initial prophylaxis to 40,000 people
in the first 48 hours of exposure during a public health emergency such as an anthrax attack or a
pandemic outbreak.
The core function of a POD site is to provide vaccines and medications to a large number of persons
during the onset of a public health emergency. The key to survival for most people is to provide
antibiotics /vaccines before an individual shows any clinical symptoms. The POD plans describe the
process of dispensing medications to a large number of people for prophylaxis of asymptomatic
N
N
0
TASKS
STATUS
individuals as well as treatment of symptomatic persons. The plan also includes detailed site layouts,
identifies city staff positions and assignments, and discusses the interaction between the City, the
Orange County Health Care Agency, and the U.S Department of Health and Human Services.
In exchange for writing the plans, the OCHCA provided pass- through grant funding to the City to
purchase supplies and equipment for the POD sites.
Continuity of Operations Plan
In 2011, the City completed a Continuity of Operations Plan (COOP). The COOP is a Federal
initiative to ensure that government agencies are able to continue performance of their organization's
essential functions with limited to no interruptions under all- hazard events, including natural disasters
and man -made events such as technological and terrorism incidents. During 2011, a committee with
representatives from each department provided specific information that was incorporated into the
overall continuity plan. This detailed plan provides the City with the means to address numerous
issues involved in performing essential functions and services during an emergency. The City of
Newport Beach Continuity Plan was funded by a Department of Homeland Security grant.
Tsunami /Beach Safety Education Kiosks
In January of 2012, seven Tsunami /Beach Safety Education Kiosks were installed in key areas in
Newport Beach. The kiosks were funded by a $15,000 education grant from the California Emergency
Management Agency (Cal EMA). The purpose of the project is to educate residents and visitors
about the inherent risks of the ocean which include tsunamis and rip currents. They also
provide detailed evacuation routes from each location to be used if a tsunami warning is
issued or a large local earthquake occurs that requires an evacuation. The kiosks are located
at both piers, next to the three Outdoor Warning Sirens, and outside Newport Beach Elementary
School.
E. GENERAL PLAN POLICY IMPLEMENTATION TASKS IDENTIFIED AFTER TASK LIST WAS CREATED
µ
M
TASKS
STATUS
1.
Priority for Facility
Ongoing
Provision Parks and
Recreation
= Sunset Ridge Park — In December 2011, staff submitted a revised project to the Coastal
(Recreation Element)
Commission for a Coastal Development Permit. Revisions included deleting the on -site parking
lot, using existing off -site parking instead, and deleting new access road to the on -site parking.
• Banning Ranch - Draft plans include 52 acres of park and open space areas. The Final EIR is
being drafted and public hearings anticipated in Spring 2012.
• Marina Park - Coastal Commission has deemed the application complete and is anticipating a
hearing in Spring 2012.
2
Alternative
Ongoing
Transportation
Modes
The Citizens Bicycle Safety Committee was established in August 2010 to promote bicycle safety and
(Circulation Element)
responsible cycling within the City through public outreach, bicycle facility improvements, and review
of City policies and practices related to bicycles. 2011 included the following:
Prepared /distributed Safety Guidelines for Bicyclists and Motorists pamphlet;
C Prepared /distributed letter to associations regarding maintenance /parking practices in bicycle
lanes;
Deployed Sharrow pavement markings as a pilot program along Bayside Drive;
= Deployed "SHARE THE ROAD" and "WATCH DOWN HILL SPEED" warning signs in Corona
Del Mar and Newport Coast;
Prepared draft city -wide bicycle route map;
= Prepared conceptual plans for bicycle facility improvements on Coast Highway, Bonita Canyon
Road, and Newport Coast Drive.
Prepared conceptual plans for Sharrow program on Coast Highway through Corona del Mar.
Prepared conceptual plans for alternate bike routes through Corona del Mar.
FL
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TASKS
STATUS
3.
Provide a pedestrian-
Lido Village Conceptual Plan:
oriented village
environment that
In July 2010, the City Council designated an ad hoc committee to participate in a conceptual
reflects its waterfront
planning process to analyze potential land use alternatives for the future re -use of the City Hall
location, providing a
site, and revitalization of Lido Marina Village and Via Lido Plaza. As a result of that effort, on
mix of uses that
January 25, 2011, the City Council approved a concept plan (Alternative 5B) that
serves visitors and
encompassed several design objectives for the area.
local residents in
On June, 14, 2011, the City Council Ad Hoc Neighborhood Revitalization Committee
Lido Village
authorized the preparation of architectural and landscape design guidelines for the Lido Village
(Land Use Element)
area and created a six - member Citizens Advisory Committee (CAP) to guide the development
of the design guidelines.
CAP conducted five noticed public meetings including a community open house in 2011.
= The design guidelines were scheduled for review by the City Council on January 10, 2012,
(approved).
4.
Provide opportunities
Balboa Village Revitalization:
for improved
= The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the
development and
preparation of a refreshed "Vision Plan" for Balboa Village for the preparation of an Economic
enhanced
Vision and Revitalization Strategy that addresses market opportunities and constraints,
environments for
infrastructure opportunities, and previous economic development efforts.
residents in the
= The Balboa Village Citizens Advisory Panel (CAP) conducted public meetings principally
following districts and
devoted to the identification of a future vision and familiarizing themselves with the prior work
corridors, as
prepared by the Balboa Peninsula Planning Advisory Committee (BPPAC).
specified in Polices
o The CAP has received an update on the future plans for the Newport Harbor Nautical Museum
6.3.1
(ExplorOcean) and Balboa Theater.
through 6.22.7:
= Staff selected a consultant to prepare an assessment of economic, market, and parking
Balboa Village (Land
conditions that will provide valuable facts to support a strategy to implement new and
Use Element)
previously identified policies to revitalize the area.
o A Draft Implementation report which compiles the results of the Marketing and Parking Study
will be considered in Spring 2012.
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-1=
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TASKS
STATUS
5.
Provide opportunities
Corona Del Mar Entry Revitalization:
for improved
m The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the
development and
preparation of the Preliminary Design of a Capital Improvement Project for beautification of the
enhanced
south side of East Coast Highway from Avocado Avenue to Dahlia Avenue for Fiscal Year
environments for
2011 -2012.
residents in the
o A subcommittee of the Revitalization Committee, the Council established the Corona del Mar
following districts and
Entry Citizen Advisory Panel (CAP). The CAP has discussed the opportunities and constraints
corridors, as
of existing infrastructure, circulation, transportation, land use policy, design, and parking.
specified in Polices
= Two concept plans for widening the sidewalk along the south side of Coast Highway were
6.3.1
reviewed. Each plan would move the southbound lane drop further to the west between
through 6.22.7:
Avocado and MacArthur instead of the current location between Carnation and Dahlia.
Corona del Mar for
= The CAP approved a single concept plan in December of 2011, and forwarded it to the NRC
enhancement of
for further consideration.
public improvements
and parking (Land
Use Element)
6.
Provide opportunities
West Newport Revitalization:
for improved
= The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the
development and
preparation of a preliminary design of a Capital Improvement Project for beautification of West
enhanced
Coast Highway from the Santa Ana River to the Arches Bridge and of Balboa Boulevard from
environments for
West Coast Highway to McFadden Square.
residents in the
= The West Newport Heights CAP identified keystones to the project to include alteration of
following districts and
existing medians, incorporation of sustainable elements, and the addition of lush plantings to
corridors, as
soften the look and improve the aesthetics of the area.
specified in Polices
= The CAP forwarded a concept layout which included landscaping with varying heights
6.3.1
(groundcover, shrubs and canopy trees), while minimizing hardscape.
through 6.22.7: West
= The conceptual plans were presented at the December 15, 2011 Neighborhood Revitalization
Newport (Land Use
Committee meeting and were approved for review by City Council.
Element
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10
- mousing Element Report
2011 Calendar Year
As required by Government Code Sections 65583 and 65584, the Housing Element Report demonstrates the City's
progress in meeting its share of regional housing needs and Housing Element programs. As mandated by Government
Code Section 65400, this report was prepared consistent with guidelines provided by the Department of Housing and
Community Development (HCD).
The Housing Element report includes the following information:
A. Annual building activity reports for new housing units;
B. Regional housing needs allocation progress; and
C. Program implementation status including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing.
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2
A. Annual Building Activity Reports for New Housing Units
Data from the Newport Beach Building Division 'Building Activity Report" was used to prepare the following table,
illustrating the number of permits issued for construction of new housing units and for demolished housing units in
calendar year 2011:
PERMITS ISSUED FOR HOUSING UNITS
2011
CALENDAR YEAR
NEW UNITS
DEMOLISHED UNITS
NET INCREASE IN UNITS
2011
198
179
119
ANNUAL BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS
2011
1.
2.
3.
4.
5.
6.
7.
SINGLE
2-4 UNITS
5+
SECOND UNIT
MOBILE
TOTAL
INFILL
FAMILY
UNITS
HOMES
UNITS
NO. OF UNITS
0
0
0
0
0
0
0
PERMITTED FOR
MODERATE
NO. OF UNITS
73
11(2 -UNIT
0
1( UNIT OVER
0
0
98
PERMITTED FOR
PROJECTS) + 2
GARAGE)
ABOVE MODERATE
(MIXED -USE)
= 24 TOTAL UNITS
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3
E. REGIONAL HOUSING NEEDS ALLOCATION PROGRESS
The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to
identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned
Newport Beach a share of the region's new housing units that should be constructed in the 2006 -2014 planning period to
satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region,
SCAG determined the City's share of RHNA to be 1,769 new dwelling units.
The table, below, summarizes the City's share of RHNA for new housing construction, for households at different income
levels, for the 2006 -2014 Planning Period. Pursuant to HCD guidelines, it includes a carryover of the unaccommodated
portion of the 2000 -2005 RHNA allocation of 145 units.
TOTAL RHNA CONSTRUCTION NEED BY INCOME
2006 -2014
VERY Low
LOW
MODERATE
ABOVE MODERATE
TOTAL
451
319
442
702
1,914
24%
17%
23%
36%
100%
CITY'S PROGRESS IN MEETING IT'S SHARE OF RHNA FOR PERIOD 2006 -2014
VERY Low
LOW
MODERATE
ABOVE MODERATE
TOTAL
PROJECTED NEED
451
319
442
702
1,914
NEW UNITS PERMITTED 06 -07
0
0
0
18
18
NEW UNITS PERMITTED 07 -08
0
0
0
10
10
NEW UNITS PERMITTED 08 -09
0
0
0
6
6
NEW UNITS PERMITTED 09 -10
0
0
0
0
0
NEW UNITS PERMITTED 10 -11
0
0
0
1 19
19
REMAINING NEED
1451
1319
1442
1649
1,861
M
C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS TO REMOVE GOVERNMENTAL
CONSTRAINTS
The 2008 -2014 Housing Element update was completed and adopted by City Council in November 2011. On December
29, 2011, the City received a final letter from HCD finding full compliance with state housing element law. The goals
adopted in the 2006 Housing Element have not been revised; however, in order to more effectively achieve those long -
range goals and objectives, meet the City's allocation of affordable housing in the region, and be consistent with State
housing law, the Newport Beach Housing Element has been updated through the incorporation of several new housing
programs as well as deletions and revisions to previously adopted housing programs. The deleted housing programs were
either covered by other programs or were no longer relevant because they were completed in prior years. The following
chart provides the status of the current housing programs provided in the 2008 -2014 Housing Element update. The new
programs are called out as "new" and the two revised programs are called out as "updated ".
PROGRAM
GOAL _ -
STATUS _
1.1.1
Improve housing quality and prevent deterioration of existing
On -going
neighborhoods by strictly enforcing building code regulations and
abating code violations and nuisances.
The building inspectors and code enforcement
officers continually enforce code regulations and
abate violations and nuisances. A quarterly report
on code enforcement activities is available and
kept on file at the City.
1.1.2
Participate with the Orange County Housing Authority (OCHA) and
On -going
Housing and Community Development Division in their
administration of rehabilitation loans and grants for low- and
City staff attends OCHA's Cities Advisory
moderate - income homeowners and rental property owners to
Committee meetings to keep up to date on
encourage preservation of existing City housing stock.
rehabilitation programs offered by the County in
order to inform homeowners and rental property
owners within the City of opportunities and to
encourage preservation of existing housing stock.
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5
PROGRAM
GOAL.
STATUS
1.1.3
Require replacement of housing demolished within the Coastal
On -going
Zone when housing is or has been occupied by very-low, low -, and
moderate - income households within the preceding 12 months. The
The City uses Chapter 20.34 "Conversion or
City shall prohibit demolition unless a Coastal Residential
Demolition of Affordable Housing" by monitoring
Development (CRDP) Permit has been issued. The specific
demo requests and permits. No CRDP's were
provisions implementing replacement unit requirements are
issued in 2011.
contained in the Municipal Code.
2.1.1
Maintain rental opportunities by restricting conversions of rental
On -going
units to condominiums unless the vacancy rate in Newport Beach
for rental housing is an average 5 percent or higher for four (4)
A vacancy rate survey is completed every quarter
consecutive quarters, and unless the property owner complies with
to monitor consistency with this policy. The results
condominium conversion regulations contained in Chapter 19.64 of
of the surveys conducted for the 2011 calendar
the Newport Beach Municipal Code.
year provided an average vacancy rate higher than
5 percent therefore, conversions are not restricted.
2.1.2
Take all feasible actions, through use of development agreements,
On -going
expedited development review, and expedited processing of
grading, building and other development permits, to ensure
Pending applications which include affordable
expedient construction and occupancy for projects approved with
housing will be expedited.
low- and moderate - income housing requirements.
2.1.3
Participate with the County of Orange in the issuance of
On -Going
tax - exempt mortgage revenue bonds to facilitate and assist in
financing, development and construction of housing affordable to
The issuance of tax - exempt mortgage revenue
low and moderate - income households.
bonds is project driven, and the developer typically
applies for the bonds. No applications were
received.
f-�
F.
PROGRAM
GOAL
STATUS
2.1.4
Conduct an annual compliance- monitoring program for units
On -Going
required to be occupied by very low -, low -, and moderate- income
households.
Annual compliance monitoring has been conducted
and the report for the City's income and rent
restricted units is in process by LDM Associates
(consultant) and will be completed mid -year of
2012. Follow -up continued through 2011 for two
affordable housing projects to complete 2010
monitoring.
2.1.5
Provide entitlement assistance, expedited entitlement processing,
On -Going
New
and waive application processing fees for developments in which 5
percent of units are affordable to extremely low- income
Implement as projects are submitted and no new
households. To be eligible for a fee waiver, the units shall be
projects were proposed.
subject to an affordability covenant for a minimum duration of 30
years. The affordable units provided shall be granted a waiver of
park in -lieu fees (if applicable) and traffic fairshare fees.
2.1.6
Affordable housing developments providing units affordable to
On -Going
New
extremely low- income households shall be given the highest
priority for use of Affordable Housing Fund monies.
Implement as projects are submitted and no new
projects were proposed.
PROGRAM
GOAL- -
STATUS'
2.2.1
Require a proportion of affordable housing in new residential
On -going
developments or levy an in -lieu fee. The City's goal over the five -
year planning period is for an average of 15 percent of all new
No projects were approved in 2011.
housing units to be affordable to very low —, low -, and moderate -
income households. The City shall either (a) require the payment
The affordable housing balance is $1,546,573.
of an in -lieu fee, or (b) require the preparation of an Affordable
Housing Implementation Plan (AHIP) that specifies how the
development will meet the City's affordable housing goal,
depending on the following criteria for project size:
1. Projects of 50 or fewer units shall have the option of preparing
an AHIP or paying the in -lieu fee.
2. Projects where more than 50 units are proposed shall be
required to prepare an AHIP.
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 15 percent affordability
requirements, the City will include conditions in the approval of
discretionary permits and Tentative Tract Maps to require ongoing
monitoring of those projects.
W
Q
PROGRAM
GOAL _
STATUS
2.2.2
Periodically review the City's Inclusionary Housing In -lieu fees to
On -going
New
ensure it is adequate to support the development of affordable
projects.
The City's in -lieu housing fee was adopted in April
2010 at $18,500 per market rate ownership unit.
The adopting resolution provides for automatic
adjustments based upon the annual percentage
change in the new home prices in Orange County
as published in Real Estate Research Council
report (from December to December). The fee was
revised in 2011 to be $20,554 per market rate
ownership unit.
2.2.3
Develop a brochure of incentives offered by the City for the
Pending
New
development of affordable housing including fee waivers,
expedited processing, Inclusionary Housing requirements, and
Brochure is under development with anticipated
density bonuses and other incentives. Provide a copy of this
completion in winter 2012.
brochure at the Planning Counter, the website and also provide a
copy to potential developers.
2.2.4
The City shall provide more assistance for projects that provide a
On -going
higher number of affordable units or a greater level of affordability.
At least 15 percent of units shall be affordable when assistance is
Implement as projects are submitted and no new
provided from Community Development Block Grant funds or the
projects were proposed.
City's Affordable Housing Fund.
2.2.5
For new developments proposed in the Coastal Zone areas of the
On -going
City, the City shall follow Government Code Section 65590 and
Title 20.
The City uses Chapter 20.34 "Conversion or
Demolition of Affordable Housing" by monitoring
demo requests and permits. No CRDPs were
issued in 2011.
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2.2.6
All required affordable units shall have restrictions to maintain their
On -going
affordability for a minimum of 30 years.
The City advises affordable housing developers
that all affordable units are restricted to a minimum
30 -year time period.
2.2.7
Advise and educate existing landowners and prospective
On -going
developers of affordable housing development opportunities
available within the Banning Ranch, Airport Area, Newport Mesa,
City staff has been discussing affordable housing
Newport Center, Mariners' Mile, West Newport Highway, and
development opportunities with the applicants on
Balboa Peninsula areas.
the Banning Ranch, Koll and Uptown Newport
projects and with other potential affordable
housing developers. As part of the Master Plan
Development of Banning Ranch and the Plans for
Koll and Uptown Newport, an AHIP will be
prepared to address affordable housing
requirements.
Staff provided information on these areas to
prospective developers interested in building an
affordable senior housing project and directed
them to the Sites Analysis and Inventory.
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2.2.8
Participate in other programs that assist production of housing.
On -going
City staff attends OCHA Cities Advisory
Committee meetings to keep up -to -date with
programs that assist in the production of housing.
Staff informs developers of programs that are
available to assist in the production of housing for
all income levels.
2,2.9
New developments that provide housing for lower- income
On -going
households that help meet regional needs shall have priority for
the provision of available and future resources or services,
The City has provided a copy of the Housing
including water and sewer supply and services.
Element to water and sewer service providers.
Pursuant to state law, water and sewer providers
must grant priority to developments that include
housing units affordable to lower income
households.
2.2.10
Implement Chapter 20.32 (Density Bonus) of the Zoning Code and
On -going
New
educate interested developers about the benefits of density
bonuses and related incentives for the development of housing
Implement as projects are submitted. Density
that is affordable to very low -, low -, and moderate - income
Bonus information and incentives will be included
households and senior citizens.
in an informational brochure for the public.
2.2.11
Monitor the impact of Housing Program 2.2.1 and the City's
On -going
New
Inclusionary Housing Ordinance on the overall production of
housing within the City. Considerations shall include whether the
The impact of Housing Program 2.2.1 will be
inclusionary program results in cost shifting where the costs of
monitored and a report of staffs findings will be
subsiding the affordable units is underwritten by the purchasers of
provided within the annual Housing Element
market -rate units in the form of higher prices.
Report, beginning with the 2012 calendar year.
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2.3.1
Study housing impacts of proposed major commercial /industrial
On -going
projects during the development review process. Prior to project
approval, a housing impact assessment shall be developed by the
The City reviews impacts and develops mitigation
City with the active involvement of the developer. Such
measures to housing of all projects as required by
assessment shall indicate the magnitude of jobs to be created by
CEQA. There were no major projects proposed in
the project, where housing opportunities are expected to be
2011.
available, and what measures (public and private) are requisite, if
any, to ensure an adequate supply of housing for the projected
labor force of the project and for any restrictions on development
due to the "Charter Section 423" initiative.
3.1.1
Provide a streamlined "fast - track' development review process for
On -going
proposed affordable housing developments.
The City will prioritize the development review
process for all affordable housing projects. No
projects were proposed in 2011.
3.1.2
When a residential developer agrees to construct housing for
On -going
persons and families of very low, low and moderate income above
mandated requirements, the City shall either (1) grant a density
The City considers density bonuses and other
bonus as required by state law, or (2) provide other incentives of
incentives on a project -by- project basis. Chapter
equivalent financial value.
20.32 Density Bonus is included in the Zoning
Code and is implemented as projects are
submitted. No projects were proposed in 2011.
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STATUS
3.1.3
Review and consider in accordance with state law, the waiver of
On -going
planning and park fees, and modification of development
standards, (e.g., setbacks, lot coverage, etc.) at the discretion of
Waivers and incentives are considered by the
City Council and Planning Commission for developments
Planning Commission and City Council on a
containing very low, low- and moderate - income housing in
project -by- project basis. There were no projects
proportion to the number of low- and moderate - income units in
during the 2011 calendar year.
each entire project.
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STATUS
3.1.4
The City will encourage and facilitate residential and mixed -use
On -going
New
development on vacant and underdeveloped sites listed in
Appendix H4 by providing technical assistance to interested
Appendix H4 is the Sites Analysis and Inventory
developers with site identification and entitlement processing. The
which identifies sites that can be developed for
City will support developers funding applications from other
housing within the planning period and that are
agencies and programs. The City will post the Sites Analysis and
sufficient to provide for the City's share of the
Inventory on the City's webpage and marketing materials for
regional housing need allocation to provide realistic
residential and mixed -use opportunity sites, and will equally
opportunities for the provision of housing to all
encourage and market the sites for both for -sale development and
income segments within the community. Appendix
rental development. To encourage the development of affordable
H4 can be found in the Housing Element available
housing within residential and mixed -use developments, the City
at the Planning Division or online at
shall educate developers of the benefits of density bonuses and
http:// www .newportbeachca.aov /index.aspx ?page=
173.
related incentives identify potential funding opportunities, offer
expedited entitlement processing, and offer fee waivers and /or
deferrals.
The City will:
1. Post a user - friendly Sites Analysis and
Inventory on the City's website.
2. Include information and the sites in a brochure.
3. Add a layer or note in the City's Geographic
Information System (GIS) to identify sites within
the inventory to assist staff in providing
information to interested developers.
The City will encourage density bonus and offer
incentives to interested developers.
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STATUS
3.1.5
The City will monitor and evaluate the development of vacant and
On -going
New
underdeveloped parcels on an annual basis and report the
success of strategies to encourage residential development in its
A report of staffs findings will be provided within
Annual Progress Reports required pursuant to Government Code
the annual Housing Element Report, beginning with
65400.. If identified strategies are not successful in generating
the 2012 calendar year.
development interest, the City will respond to market conditions
and will revise or add additional incentives.
3.2.1
When requested by property owners, the City shall approve
Ongoing
New
rezoning of developed or vacant property from nonresidential to
residential uses when appropriate. These rezoned properties shall
The City considers rezoning of property to
be added to the list of sites for residential development.
residential uses on a case -by -case basis to ensure
compatibility with existing uses in the surrounding
neighborhood. When appropriate, the City will
rezone property to a residential use and add the
sites to the Sites Analysis and Inventory.
3.2.2
Recognizing that General Plan Policy LU6.15.6 may result in a
Complete
New
potential constraint to the development of affordable housing in the
Airport Area, the City shall amend the General Plan and /or
Planned Community Amendments to Newport
establish a waiver or exception to the minimum 10 -acre site
Place (PC 11) and Koll Center (PC 15) to add a
requirement. It is recognized that allowing a smaller scale
waiver process will be considered by the Planning
development within an established commercial and industrial area
Commission and City Council in Spring 2012.
may result in land use compatibility problems and result in a
residential development that does not provide sufficient amenities
(i.e. parks) and /or necessary improvements (i.e. pedestrian
walkways). Therefore, it is imperative that the proposed waiver
include provisions for adequate amenities, design considerations
for the future integration into a larger residential village, and a
requirement to ensure collaboration with future developers in the
area.
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3.2.3
The City shall amend the Newport Place (PC 11) and Koll Center
On -going
(PC 15) Planned Community texts to allow residential
developments that include: 1) a minimum of 30 percent of the units
Planned Community Amendments to Newport
affordable to lower- income households; and 2) densities between
Place (PC 11) and Koll Center (PC 15) to add
30 du /acre and 50 du /acre consistent with the MU -H2 General
residential as a permitted use will be considered
Plan land use designation and policies for the Airport Area. It is
by the Planning Commission and City Council in
recognized that adding residential as a permitted use where it was
Spring 2012.
not allowed previously might require additional design attention to
integrate uses. Therefore, the Planned Community Amendments
will add residential uses as permitted by right subject to a site plan
review to ensure integration within the existing area.
The City will monitor commercial redevelopment within the Airport
Area to ensure sufficient residential capacity remains to
accommodate the City's RHNA for lower- income households.
Should residential capacity be reduced to a level that cannot
accommodate the City's remaining need for lower- income
households citywide, the City will identify and zone, if necessary,
sufficient sites in an alternative location to accommodate the City's
RHNA.
4.1.1
Annually contact owners of affordable units for those
On -going
updated
developments listed in Table H12 as part of the City's annual
monitoring of affordable housing agreements to obtain information
Staff maintains an updated contact list for
regarding their plans for continuing affordability on their properties
affordable units in conjunction with the 2008 -2014
and to encourage the extension of the affordability agreements for
Housing Element. LDM Associates (consultant)
the developments listed in Table H12 beyond the years noted.
works with staff to include this in the annual
monitoring.
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4.1.2
The City shall register as a Qualified Preservation Entity with HCD
On -going
updated
to ensure that the City will receive notices from all owners
intending to opt out of their Section 8 contracts and /or prepay their
The City prepared forms to submit to HCD by
HUD insured mortgages. Upon receiving notice that a property
Spring 2012 to register the City of Newport Beach
owner of an existing affordable housing development intends to
as a Qualified Preservation Entity with HCD.
convert the units to a market -rate development, the City shall
consult with the property owners and potential preservation
organizations regarding the potential use of CDBG funds and /or
Affordable Housing Fund monies to maintain affordable housing
opportunities in those developments listed in Table H12 or assist in
the non - profit acquisition of the units to ensure long -term
affordability.
4.1.3
Continue to maintain information on the City's website and prepare
On -going
written communication for tenants and other interested parties
about Orange County Housing Authority Section 8 opportunities to
Pamphlets informing prospective tenants and
assist tenants and prospective tenants to acquire additional
landlords about the OCHA Section 8 program have
understanding of housing law and related policy issues.
been made available in the public lobby and
information is posted on the City website.
4.1.4
Investigate availability of federal, state, and local programs
On -going
(including in -lieu funds) and pursue these programs if found
feasible, for the preservation of existing low- income housing,
The City attends OCHA meetings and has
especially for preservation of low- income housing that may
continued to investigate available programs and
increase to market rates during the next ten years. A list of these
evaluate the feasibility of participating in such
programs, including sources and funding amounts, will be
programs.
identified as part of this program and maintained on an on -going
basis.
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STATUS
4.1.5
The City shall inform and educate owners of affordable units of the
On -going
New
State Preservation Notice Law (Government Code Section
65863.10 -13), if applicable. Pursuant to the law, owners of
Staff opened discussion with LDM in December
government- assisted projects cannot terminate subsidy contract,
2011 to discuss creating a notice to go out with the
prepay a federally- assisted mortgage, or discontinue use
annual monitoring.
restrictions without first providing an exclusive Notice of
Opportunity to Submit an Offer to Purchase. Owners proposing to
sell or otherwise dispose of a property at any time during the five
years prior to the expiration of restrictions must provide this Notice
at least 12 months in advance unless such sale or disposition
would result in preserving the restrictions. The intent of the law is
to give tenants sufficient time to understand and prepare for
potential rent increases, as well as to provide local governments
and potential preservation buyers with an opportunity to develop a
plan to preserve the property. This plan typically consists of
convincing the owner to either (a) retain the rental restrictions in
exchange for additional financial incentives or (b) sell to a
preservation buyer at fair market value.
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4.2.1
Investigate the use of federal funds to provide technical and
On -going
financial assistance, if necessary, to all eligible homeowners and
residential rental property owners to rehabilitate existing dwelling
The City investigates available programs and
units through low- interest loans or potential loans, or grants to very
evaluates the feasibility of participating in such
low —, low- and moderate - income, owner - occupants of residential
programs.
properties to rehabilitate existing units.
a City Council approved the Utility Connection
Grant Program guidelines in order to provide
utility hook -up assistance to low- income
households in Newport Beach utility
undergrounding Assessment Districts. The
grant program was allocated $65,922 in CDBG
funds in the 2010 -2011 fiscal year. Budget of
$65,922 for Utility Assessment District Grant
Program will be carried over from 2010 -2011
for 2011 -2012 with a goal of 5 owner - occupied
housing units.
4.2.2
In accordance with Government Code Section 65863.7, require a
On -going
relocation impact report as a prerequisite for the closure or
conversion of an existing mobile home park.
Consistent with state law, a detailed relocation
impact report is a requirement for the permit for
proposed closures or conversions. There were no
closures or conversions in 2011.
4.2.3
Should need arise, consider using a portion of its Community
On -going
Development Block Grant funds for establishment and
implementation of an emergency home repair program. Energy
Continuously monitor requests for assistance and
efficient products shall be required whenever appropriate.
Code Enforcement quarterly reports to determine
need. No projects in 2011.
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4.2.4
Participate as a member of the Orange County Housing Authority
On -going
Advisory Committee and work in cooperation with the Orange
County Housing Authority to provide Section 8 Rental Housing
Staff attends the quarterly meetings of the OCHA
Assistance to residents of the community. The City shall, in
Cities Advisory Committee.
cooperation with the Housing Authority, recommend and request
use of modified fair market rent limits to increase number of
Staff continually works in cooperation with the
housing units within the City that will be eligible to participate in the
County to provide Section 8 rental housing
program. The Newport Beach Planning Department shall prepare
assistance to residents.
and implement a publicity program to educate and encourage
landlords within the City to rent their units to Section 8 Certificate
A link to the Orange County Housing Authority
holders and to make very low- income households aware of
website has been placed on the City website to
availability of the Section 8 Rental Housing Assistance. Program.
provide information on the Section 8 program.
4.2.5
Developers that choose to meet the inclusionary housing
On -going
New
requirements of Housing Program 2.2.1 through the renovation
and conversion of existing off -site units in the City to affordable
Although this is a new program, no projects were
units shall be required to substantially renovate and improve the
submitted in 2011.
livability and aesthetics of the units for the duration of the
affordability period and include energy conserving retrofits that will
contribute to reduced housing costs for future occupants of the
units.
4.2.6
Implement and enforce the recently adopted Water Efficient
On -going
New
Landscape Ordinance and Landscape and Irrigation Design
Standards in compliance with AB 1881 (2006). The ordinance
Continuously implemented as housing projects are
establishes standards for planning, designing, installing, and
submitted.
maintaining and managing water - efficient landscapes in new
construction and rehabilitated projects.
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4.2.7
Affordable housing developments that receive City assistance from
On -going
New
Community Development Block Grant funds or from the City's
Affordable Housing Fund shall be required, to the extent feasible,
Although this is a new program, no projects were
include installation of energy efficient appliances and devices, and
submitted in 2011.
water conserving fixtures that will contribute to reduced housing
costs for future occupants of the units.
4.2.8
Investigate the feasibility and benefits of using a portion of its
Pending
New
Community Development Block Grant funds for the establishment
and implementation of an energy conserving home improvements
Staff began investigation and anticipates
program for lower- income homeowners.
completion in 2012.
4.2.9
Establish a process for LEED certified staff members to provide
On -going
New
development assistance to project proponents seeking LEED
certification, which will in turn increase the LEED points granted to
The City presently has one LEED accredited staff
projects.
member who will provide technical assistance
when requested.
4.2.10
To encourage voluntary green building action, the City will institute
On -going
New
a green recognition program that may include public recognition of
LEED certified buildings, payment of a display advertisement in the
The City presently has one LEED accredited staff
local newspaper recognizing the achievements of a project, or
member who will provide technical assistance
developing a City plaque that will be granted to exceptional
when requested.
developments.
The City will work on developing a recognition
program in 2012.
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STATUS.
5.1.1
Apply for United States Department of Urban Development
On -going
Community Development Block Grant funds and allocate a portion
of such funds to sub - recipients who provide shelter and other
Through the approved Action Plans for Fiscal year
services for the homeless.
2011 -2012, the City provided funding to the
following organizations to preserve the supply of
emergency and transitional housing: Human
Options, Families Forward, Serving People In Need
(SPIN), Share Our Selves (SOS) and Fair Housing
Foundation.
The following organization has been funded to
assist homeless battered women and children:
Human Options.
5.1.2
Cooperate with the Orange County Housing Authority to pursue
On -going
establishment of a Senior /Disabled or Limited Income Repair Loan
and Grant Program to underwrite all or part of the cost of
The City refers low income residents to Orange
necessary housing modifications and repairs. Cooperation with the
County for rehabilitation of mobile homes, to
Orange County Housing Authority will include continuing City of
Neighborhood Housing for first time buyer
Newport Beach participation in the Orange County Continuum of
programs, and to Rebuilding Together for
Care and continuing to provide CDBG funding.
handyman service for low income and senior
households.
5.1.3
Permit, where appropriate, development of "granny" units in single-
On -going
family areas of the City.
Two permits were issued in 2011.
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STATUS
5.1.4
Work with the City of Santa Ana to provide recommendations for
On -going
the allocation of HUD Housing Opportunities for Persons with AIDS
( HOPWA) funds within Orange County.
The City attended the annual HOPWA Strategy
meeting and participated in providing
recommendations for the allocations of HOPWA
funds.
5.1.5
Maintain a list of "Public and Private Resources Available for
On -going
Housing and Community Development Activities."
City maintains a list of resources that are available
for housing and community development activities.
A list of resources and links are provided on the
City's website.
5.1.6
Encourage the development of day care centers and community
On -going
New
parks as a component of new affordable housing constructed as
part of the requirements of the City's Inclusionary Housing
New policy which will be implemented continuously
Ordinance.
as housing projects are submitted to the City.
5.1.7
Amend the Zoning Code to include a definition of Single Room
Pending
New
Occupancy (SRO) Residential Hotels and add provisions that
would permit SROs within the commercial and office zoning
This definition of SRO and related provisions will
districts with the approval of a use permit. No standard set of
be included in the Zoning Code amendment
conditions or use restrictions on SROs shall be established;
anticipated to be completed by Spring 2012.
instead, each application should be evaluated individually and
approved based upon its own merits and circumstances.
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STATUS
6.1.1
Contract with an appropriate fair housing service agency for the
On -going
provision of fair housing services for Newport Beach residents. The
City will also work with the fair housing service agency to assist
The City contracted with the OC Fair Housing
with the periodic update of the Analysis of Impediments to Fair
Council to provide these services in 2010 -11 and
Housing document required by HUD. The City will continue to
changed contract to the Fair Housing Foundation
provide pamphlets containing information related to fair housing at
for 2011 -2012. The Fair Housing Foundation
the Planning Division counter.
provided training seminars on fair housing law for
tenants and landlords in November and December
of 2011 at the Oasis Senior Center.
The updated Analysis of Impediments to Fair
Housing was completed in June 2011.
Pamphlets containing information on Fair Housing
and Dispute Resolution Services are available at
the public counter.
7.1.1
As part of its annual General Plan Review, the City shall report on
On -going
the status of all housing programs. The portion of the Annual
Report discussing Housing Programs is to be distributed to the
This annual Housing Element Report will be
California Department of Housing and Community Development in
submitted to HCD.
accordance with California State Law.
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