Long Beach, CA
File #: 21-0647    Version: 1 Name: Mello Act Reso
Type: Resolution Status: Adopted
File created: 7/2/2021 In control: City Council
On agenda: 7/13/2021 Final action: 7/13/2021
Title: Adopt resolution authorizing Director of Development Services to submit amendments to the Long Beach Zoning Regulations to the California Coastal Commission for its review, approval, and certification. (Citywide)
Sponsors: Development Services
Attachments: 1. 071321-H-19sr&att.pdf, 2. RES-21-0083.pdf
Related files: 21-0646
TITLE
Adopt resolution authorizing Director of Development Services to submit amendments to the Long Beach Zoning Regulations to the California Coastal Commission for its review, approval, and certification. (Citywide)

DISCUSSION
In 2014, the City Council adopted the current 2013-2021 General Plan Housing Element. The document identifies several actions to be completed during the 2013-2021 period including Program 4.4 related to Affordable Housing Funding Opportunities. One of the implementing actions for that program involves an update to the Coastal In-Lieu Fees that developers are required to pay if a lower-income unit is demolished within the Coastal Zone. Along with the updating of the fees to reflect current market costs, this action will remove a one- to two-unit exemption from the fee requirements that is no longer consistent with State law and best practices.

In 1981, the California legislature enacted Government Code Section 65590, the Mello Act, which prohibits the demolition of lower-income housing units within the Coastal Zone unless a provision is made for those units to be rebuilt onsite or within a certain distance or to be replaced through the payment of in-lieu fees. Between 1981 and 2014, the City of Long Beach (City) received over $2 million in in-lieu fees related to demolitions and condo conversions within the Coastal Zone. These fees supported the construction of 393 affordable units to offset the loss of 111 affordable units.

Around 2008, City and Coastal Commission policy began to evolve alongside changes in market and regulatory conditions in Long Beach. The payment of in-lieu fees is no longer desirable when considering the rapidly increasing cost of developing affordable housing units. Preservation of existing housing or replacement onsite are superior options under current conditions. No Mello Act fees have been collected since 2014; however, it remains a legal requirement to offer in-lieu fees as an alternative means of complianc...

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