CC RES 2003-032RESOLUTION NO. 2003-32
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 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; and
WHEREAS, Government Code Section 66001 requires that for 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, it has been almost five years since the first deposit was submitted into the
fund by the Seabreeze tract; and
WHEREAS, as of May 20, 2003, 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 May 20, 2003, 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 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 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 this specific purpose. This relationship is confirmed through
page 2 -6 of the General Plan Housing Element, which describes the City's In -lieu Housing
Fund 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 is required to pay a fee 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 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.
PASSED, APPROVED, and ADOPTED this 20th
Attest:
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City Clerk
itate of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2003 -32 was duly and regularly passed and adopted by the said City Council at
a regular meeting held on May 20, 2003.
City Clerk