CC RES 2005-005RESOLUTION NO. 2005-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES MAKING CERTAIN FINDINGS TO EXTEND THE
AFFORDABLE HOUSING DEVELOPER FEE PROGRAM AND RETAIN
THE FEES THAT WERE DEPOSITED INTO THE PROGRAM 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 the affordable housing
units required pursuant to Sections 17.11.040 or 17.11.030 of Chapter 17.11; and,
WHEREAS, on June 3, 1997, the City Council adopted Resolution No. 97 -48,
which adopted an affordable housing developer fee and associated administrative fee to
be applied towards those projects that are permitted to provide a fee in lieu of providing
affordable housing units; and,
WHEREAS, on June 12, 1998, the developer of the Seabreeze tract (Tract
No. 46651) submitted a fee in lieu of providing affordable housing within its
development, and on March 3, 2000, the developer of the Oceanfront Estates tract
(Tract No. 46628) submitted a fee in lieu of providing affordable housing within its
development; and,
WHEREAS, Government Code Section 66001 requires that for the fifth fiscal
year following the first deposit into the Program account or fund, and every five (5)
years thereafter, the local agency shall make certain findings with respect to that portion
of the Program account or fund remaining unexpended, whether committed or
uncommitted; and,
WHEREAS, it has been nearly five (5) years since the first deposit was submitted
into the Program by the developer of the Oceanfront Estates tract; and,
WHEREAS, as of January 24, 2005, the funds submitted by the developers of
the Seabreeze tract and the Oceanfront Estates tract have been retained in a separate,
interest - bearing account, where none of the funds have yet to be expended or have
been committed to a specific affordable housing project; and,
WHEREAS, on January 24, 2005, 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 Affordable Housing Developer Fee 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- and moderate -
income families, and these funds, which were paid by the developers of the Seabreeze
tract and the Oceanfront Estates tract, have been retained in a separate interest bearing
account, and are hereby pledged to be used for those purposes.
Section 2: There is a direct relationship between the City's Affordable Housing
Developer Fee Program funds and the purpose of meeting the affordable housing
needs of the City because these funds can only be used for this specific purpose. This
relationship is confirmed on Page 2 -6 of the General Plan Housing Element, which
describes the City's Affordable Housing Developer Fee Program as a funding source to
implement various programs. Further, Housing Element Program 1.3 notes that these
funds could be used for the development of a Senior Affordable Housing Project; and
Housing Program 2.1 notes that these funds could be used for the implementation of a
Rental Assistance Program.
Section 3: Each developer of certain projects within the City may, upon City
Council approval, pay a fee in lieu of constructing affordable housing units, so that low -
and moderate - 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- and moderate - 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 Developer Fee
Program 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. 2005 -05
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PASSED, APPROVED, and ADOPTED this 24th day of January 2005.
Mayor
Attest:
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MA,
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2005 -05 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on January 24, 2005.
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Resolution No. 2005 -05
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