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CC RES 2008-045 RESOLUTION NO. 2008-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES MAKING CERTAIN FINDINGS TO EXTEND THE AFFORDABLE HOUSING IN-LIEU FEE FUND SUBMITTED BY THE SEABREEZE RESIDENTIAL DEVELOPMENT PROJECT AND RETAIN THE FEES THAT WERE DEPOSITED INTO THE FUND FOR AN ADDITIONAL FIVE (5) YEARS. WHEREAS, the City of Rancho Palos Verdes' General Plan Housing Element includes goals, policies and programs to address the housing needs of low and moderate income families in the City; and WHEREAS, on March 18, 1997,the City Council adopted Ordinance No. 320,which amended Titles 16 and 17 of the City of Rancho Palos Verdes Municipal Code, including Section 17.11.050, to allow in-lieu fees to be provided by developers of certain housing projects within the City as an alternative to constructing affordable housing units required pursuant to Sections 17.11.040 or 17.11.030 of that Chapter; and WHEREAS, on June 3, 1997, the City Council adopted Resolution No. 97-48,which adopted an affordable housing in-lieu fee and associated administrative fee to be applied towards those projects that are permitted to provide a fee in-lieu of providing affordable housing; and WHEREAS, on June 12, 1998, the developers of the Seabreeze Residential Tract submitted a fee in lieu of providing affordable housing within their development, and on March 3, 2000, the developers of the Oceanfront Estates Residential Tract submitted a fee in lieu of providing affordable housing within their development. Said fees submitted by the developers of the Seabreeze Tract and the Oceanfront Estates Tract have been retained in a separate interest bearing account; and WHEREAS, Government Code Section 66001 requires that in the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter,the local agency shall make certain findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted; and WHEREAS, consistent with Government Code Section 66001,on May 20, 2003,the City Council made certain findings with respect to the Seabreeze In-lieu Funds and extended the use of said funds for an additional 5-years, thereby expiring the use of said funds by July 1, 2008; and WHEREAS, while the City has entered into escrow to purchase an existing residential dwelling unit for the purpose of converting such unit to affordable housing, of which the Seabreeze Development In-lieu Funds would be spent towards, as of June 17, 2008, none of the funds have yet to be expended; and WHEREAS, on June 17, 2008, the City Council held a meeting to consider the requirements of Government Code Section 66001, at which time all interested parties were given an opportunity to be heard and present evidence: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City's In-lieu Affordable Housing Program funds shall be used to implement the City's General Plan and Housing Element and the goals, policies and programs set forth therein that address the affordable housing needs of the City. The Housing Element specifies a variety of purposes to which these funds can be applied in order to provide housing in the City that is affordable to low income families, and these funds,which were paid by the developers of the Seabreeze Tract, have been retained in a separate interest bearing account, and are hereby pledged to be used for the provision of low income affordable housing. Section 2: There is a direct relationship between the City's In-lieu Affordable Housing Program funds and the purpose of meeting the affordable housing needs of the City because these funds can only be used for the provision of low income affordable housing. This relationship is confirmed through the General Plan Housing Element,which describes the City's In-lieu Housing Fund as a funding source to implement various programs. Section 3: Each developer of certain projects within the City is required to pay a fee so that low income households will be able to reside in the City. The fee that is required to be paid is based upon the size of the particular project. Due to the periodic economic downturns in the State of California,which have affected development within the City, it has taken a considerable period of time for the City to accumulate funds that,when aggregated together, will be sufficient to accomplish any of the purposes set forth in the Housing Element. The City is continuing to evaluate how to utilize these funds to best accomplish the goals of the Housing Element of providing housing within the City that is affordable to low income households. Section 4. These funds are to be used for only for the provision of affordable housing and will not be used towards financing any public facilities or for any other purpose. Section 5: The City Council of the City of Rancho Palos Verdes hereby adopts these findings in order to preserve the City's affordable housing fund so that affordable housing will be provided in the City in a manner that accomplishes the goals of its Housing Element and adequately serves the needs of all present and future community residents in compliance with State law. Resolution No.2008-45 Page 2 of 3 PASSED, APPROVED, and ADOPTED this 17th day . • •e 2008 Itil- 4 ,:P M or ATTEST: ti , Cty Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2008-45 was duly and regularly passed and adopted by the said City Council at a regular meeting held on June 17, 2008. dejc,& C77,x; / <, City Clerk Resolution No.2008-45 Page 3 of 3