CC RES 1997-048RESOLUTION NO. 97 -48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADOPTING AN AFFORDABLE
HOUSING IN -LIEU FEE AND ASSOCIATED
ADMINISTRATIVE FEE PURSUANT TO SECTION 17.11.050
OF THE RANCHO PALOS VERDES MUNICIPAL CODE
WHEREAS, the City of Rancho Palos Verdes General Plan Housing Element
includes goals, policies and programs to address the affordable housing needs of the
City; and,
WHEREAS, on March 18, 1997 the City Council adopted Ordinance No. 320,
which adopted amendments to Titles 16 and 17 of the City of Rancho Palos Verdes
Municipal Code, including Section 17.11.050 which allows in -lieu fees to be provided
as an alternative to affordable housing units required pursuant to Sections 17.11.040 or
17.11.030 of that Chapter; and,
WHEREAS, pursuant to Government Code Section 66018, the specific fees to
be charged for services must be adopted by the City Council by Resolution, after
providing notice and holding a public hearing; and,
WHEREAS, notice of the public hearing for establishment of the aforementioned
fees has been provided pursuant to Government Code Section 66016(a) and 6062(a).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Establishment of an in -lieu affordable housing fee is consistent with
the City of Rancho Palos Verdes General Plan as one of the General Plan Housing
Element Policies (page V -42) indicates, "Large commercial and residential projects
should contribute to a housing impact mitigation fee to facilitate the development of
affordable housing within the City or elsewhere in the South Bay area" Further, on
page V -44, one of the implementation actions indicates, "Evaluate and, if feasible,
implement a development fee for commercial and residential development to be
allocated to an affordable housing fund to be used in the event such development is
approved..."
Section 2: Establishment of an in -lieu affordable housing fee is consistent with
the City of Rancho Palos Verdes Development Code as Chapter 17.11 indicates, "In
order to provide housing affordable to all segments of the community and preserve and
maintain low and moderate income housing opportunities... consistent with the goals of
the City's adopted general plan housing element and state law, this chapter further
specifies procedures under which applicants for... new residential projects, shall be
required to provide for housing affordable to very low, low and moderate income
households ". Further, Development Code Section 17.11.040 indicates, "Upon City
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Council approval, in -lieu fees may be provided as an alternative to units required
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pursuant to Sections 17.11.040 or 17.11.130 of this chapter. The fee per affordable
unit to be provided, shall be established by Y Cit Council resolution".
Section 3: After analyzing various options, the City Council has established an
in -lieu fee as $1 per square foot of habitable residential structure. For the purposes of
this fee, habitable residential structure does not include a garage or other similar non -
habitable accessory structures, as determined by the Director of Plannin g g , Building and
Code Enforcement.
Section 4: To help offset the City administrative costs in managing an
affordable housing program that distributes the in -lieu funds, an administrative fee
equal to 10% of the in -lieu fee amount shall be required to be paid by a pp licants who
pay the in -lieu fee to the City. If it is determined at a later date that this amount is not
equivalent to the administrative costs involved to implement the program, then the
administrative fee amount can be adjusted by the City Council.
Section 5: Pursuant to Section 3 and 4 above, an in -lieu fee in the amount of $1
per square foot of habitable residential structure, as defined in Section 3 above,
proposed within the subject development plus 10% of the total fee to cover associated
administrative costs may be accepted by the City in -lieu of providing affordable units
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on -site within the subject development pursuant to Chapter 17.11 of the Development
Code, subject to review and approval by the City Council.
Section 6: For development projects where the units will be constructed by the
developer prior to the sale of lots, the in -lieu fees and associated administrative fee
required by Section 5 will be based upon the square footage of the habitable structures
which are proposed to be constructed by the developer and shall be paid by the
developer prior to completion of any of the public improvements, which shall include,
but not be limited to, streets, sidewalks, sewers and storm drains.
Section 7: For developments of "for- sale" custom lots where the vacant lots will
be sold to accommodate individual, future custom homes, the in -lieu fees and
associated administrative fee required by Section 5 will be based upon the average
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square footage of the habitable structures that may be built on the lots within the
development, as determined by the Director of Planning, Building and Code
Enforcement. The Director's estimate of the average size of the habitable structures
that will be constructed will be based on the development standards of the particular
tract. The in -lieu fees and associated administrative fee required by Section 5 shall be
paid by the developer prior to completion of any of the public improvements, which
shall include, but not be limited to, streets, sidewalks, sewers and storm drains.
Resolution No. 97 -48
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Section 8: The amount of the subject in -lieu fees and associated administrative
fee shall be verified by the Director of Planning, Building and Code Enforcement, and
shall be paid to the City Finance Department.
Section 9: To ensure that the in -lieu affordable housing fee is consistent with
the potential changes in rental rates, the in -lieu affordable housing fee shall be
reviewed every 5 years from the effective date of this Resolution. However, if such
review is not conducted, the failure to conduct the review shall not prevent the City from
collecting the fee which is in effect at that time.
1997.
Section 10: Effective Date. This Resolution shall go into effect on August 2,
PASSED, APPROVED, AND ADOPTED THE 3rd DAY OF JUNE, 1997.
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES I
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
above Resolution No. 97 -48 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 3, 1997.
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Resolution No. 97 -48
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