HomeMy WebLinkAbout14 - 2019 General Plan Progress Report and Housing Element Progress Report (PA2007-195Q �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
March 24, 2020
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner,
mwhelan@newportbeachca.gov
PHONE: 949-644-3221
TITLE: 2019 General Plan Progress Report and Housing Element Progress
Report (PA2007-195)
ABSTRACT:
State Government Code Section 65400 mandates that the City prepare and submit an
annual report on the status of the City's General Plan and progress in its implementation.
The primary purpose of placing this item on the City Council agenda is to give the City
Council and members of the public an opportunity to review and comment on the
document.
RECOMMENDATION:
a) Find the preparation, review, and submission of the 2019 General Plan Progress
Report is not subject to the California Environmental Quality Act (CEQA) as the
actions are not a project as defined by Section 15378(b)(2) of the Public Resources
Code;
b) Review and comment on the 2019 General Plan Progress Report, including the
Housing Element Annual Progress Report; and
c) Authorize the Community Development Director to submit the 2019 General Plan
Progress Report to the California Office of Planning and Research and the submittal
of the Housing Element Annual Progress Report to the State Department of Housing
and Community Development.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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2019 Annual General Plan Progress Report and Housing Element Progress Report
March 24, 2020
Page 2
DISCUSSION:
2019 General Plan Annual Progress Report
Government Code Section 65400 and the City's General Plan Implementation Program
Imp 1.3 requires the preparation of an annual report on the status and progress of the
General Plan implementation. Following City Council review, the report will be sent to the
Office of Planning and Research (OPR) and the Department of Housing and Community
Development (HCD) as required by State law. There is no standardized form or format
for the preparation of the General Plan Annual Progress Report ("Report"); however, for
2019, staff updated the report format and content to more closely follow the guidance
provided by the 2019 Annual Progress Report Memorandum (Attachment A) issued by
OPR on March 4, 2020.
The Report reflects the status of the implementation measures between January 1, 2019,
and December 31, 2019 ("Reporting Period"), and does not reflect changes or updates
which were directed in 2020. The Newport Beach General Plan was adopted in November
2006 pursuant to guidelines provided in Government Code Section 65040.2 and
consistent with Section 65400(a)(2). The Report (Attachment B) includes a discussion of
the status of each General Plan Implementation Program (Appendix A), a comprehensive
status on each Housing Element Implementation Program (Appendix B), and an analysis
on the degree to which the City's existing General Plan complies with criteria identified in
OPR's General Plan Guidelines (Appendix C). Staff believes the City has achieved
substantial progress in the implementation of the General Plan. Some of the progress is
evident in completed tasks such as the comprehensive Zoning Code Update in 2010;
however, most progress is illustrated through ongoing tasks and long-term coordination
efforts, with updates highlighted for 2019. The Report also summarizes identified priorities
for land use decision making for the Reporting Period.
General Plan Update
On January 22, 2019, the City Council initiated a General Plan review and update
process. The City Council created and appointed a seven -member resident Steering
Committee that oversaw the preparation of a request for proposals for the selection of a
consultant to assist the City in providing visioning and outreach. The Steering Committee
guided an open, transparent and inclusive public outreach "Listen and Learn" process
during the latter part of 2019. However, during this outreach effort, the Southern California
Association of Governments (SCAG) was conducting the Regional Housing Needs
Assessment (RHNA) allocation process. The process resulted in 4,832 new housing units
allocated to the City for the 6th RHNA cycle, an unprecedented amount compared to past
RHNA cycles.
On January 14, 2020, City staff reviewed the progress of the update with the City Council
given that much of the context surrounding the potential comprehensive update of the
General Plan had changed due to the exceptionally high RHNA numbers.
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2019 Annual General Plan Progress Report and Housing Element Progress Report
March 24, 2020
Page 3
The City Council immediately directed staff to focus all available resource efforts on
addressing the RHNA numbers and updating the Housing Element for submittal to HCD
by October 2021. The City Council dissolved the Steering Committee while creating a
new Housing Element Update Advisory Committee. Staff released a request for
proposals (RFP) for consultant services to prepare the refocused updates in December
2019 and those proposals are currently under review. A housing consultant will be
proposed to the City Council for their consideration at the April 14, 2020 City Council
meeting. All information regarding the General Plan update efforts including the initiation,
evaluation and process can be found on the City webpage at
https://www.newportbeachca.gov/gpupdate.
2019 Housing Element Annual Progress Report
Government Code Section 65400 requires that each city, including charter cities, provide
an annual progress report on the status of the Housing Element of its General Plan. HCD
has provided mandatory forms (Excel spreadsheets) and definitions for the housing
portion of the Report. The forms include six large tables (Tables A through F), but due to
the large size and format, only a summary of the contents of each table is provided in the
attached Report. The complete forms are available online at the following link:
www.newportbeachca.gov/APR and they will be submitted to HCD in electronic format.
Planning Commission
On March 5, 2020, the 2019 General Plan Annual Progress Report was presented to the
Planning Commission. The Commission asked for staff to elaborate on the process of the
future General Plan and Housing Element update. The Commission recommended that
the report be forwarded to the City Council for review and to authorize submittal to the
Office of Planning and Research (OPR) and the State Department of Housing and
Community Development (HCD).
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The General Plan Progress Report, including the Housing Element Progress Report, is
not subject to CEQA, as the actions are not a project as defined in Section 15378(b)(2)
of the Public Resources Code.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — 2019 Annual Progress Report Memorandum
Attachment B — General Plan Annual Progress Report of 2019
14-3
Attachment A
Office of Planning and Research (OPR)
General Plan Annual Progress Report
Guidance
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STATE OF CALIFORNIA
Governor's Office of Planning and Research
Gavin Newsom
Governor
March 4, 2020
To: All California Cities and Counties
From: Helen Campbell, AICP, Senior Projects Analyst
Governor's Office of Planning and Research
RE: General Plan Annual Progress Report Guidance
O��`GEOF P�Yp,�G
Q
NU
w �
•9 OF CRLIF���\P•
Kate Gordon
Director
The Governor's Office of Planning and Research has updated the General Plan Annual
Progress Report Guidance. This edition reflects the change in address for reporting to the
Department of Housing and Community Development. This Guidance document is also
available on our website at opr.ca.gov/planning_/general-plan/
If you have questions regarding the General Plan Annual Progress Report Guidance,
please contact Helen Campbell, AICP, Senior Projects Analyst at (916) 341-7371 or e-
mail at Helen. Campbellkopr.ca. gov.
1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044
TEL 1-916-322-2318 opr.apr@nopr.ca.gov www.opr.ca.gov
14-5
ANNUAL PROGRESS REPORTS (APRs)
Government Code Section 65400 and 65700 mandates that all cities and counties submit
an annual report on the status of the General Plan and progress in its implementation to
their legislative bodies, the Governor's Office of Planning and Research (OPR) and the
Housing and Community Development (HCD) by April 1 of each year. The guidance that
follows is intended to assist local governments with the development of the General Plan
Annual Progress Report (APR). This guidance is intentionally general to allow maximum
flexibility in the form and content of APRs, which may need to vary based on individual
circumstances, resources, and constraints.
PURPOSE OF THE APR
The APR provides local legislative bodies and the public with information regarding the
implementation of the General Plan for their city or county. APRs also inform the public
of the progress in meeting the community's goals. Accordingly, local agencies should
make a diligent effort to include the public when preparing their APRs.
APRs must be presented to the local legislative body for its review and acceptance,
usually as a consent or discussion item on a regular meeting agenda. Therefore, the APR
should provide enough information for decision makers to assess how the General Plan
was implemented during the 12 -month reporting period, either calendar year or fiscal
year. More specifically, APRs should explain how land use decisions relate to adopted
goals, policies, and implementation measures of the General Plan. The APRs should
provide enough information to identify necessary "course adjustments" or modifications
to the General Plan and means to improve local implementation. It is important for local
governments and their legislators to legislative bodies to engage stakeholders and the
public in sharing APRs and in making adjustments necessary to reach local planning
goals.
HOUSING ELEMENT APR
State law requires that all General Plans include a Housing Element which provides a
plan for accommodating future housing production needs. State law further requires that
all cities and counties create an annual progress report that describes that community's
progress toward implementing their Housing Element. The Housing Element APR must
be delivered to OPR and HCD by April 1 of each year and must cover the previous
calendar year'. As of 2018, charter cities must submit a Housing Element APR.
Legislation passed in 2017 added new data requirements for the Housing Element APRs
beginning with calendar year 2018. Updated instructions and standardized forms for
i The General Plan APR 12 month reporting period can be either a fiscal or calendar year, but the Housing
Element APR 12 month reporting period must be a calendar year.
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submitting the Housing Element APR can be found at the following HCD website:
http://www.hcd. ca. gov/community-development/housing-element/index. shtml).
The Housing Element APR fulfills statutory requirements to report certain housing
information, including: the local agency's progress in meeting its share of regional
housing needs (i.e., applications, entitlements, permits and certificates of occupancy),
certain rezoning activities, actions taken towards completion of housing element
programs, and local efforts to remove governmental constraints to the development of
housing (Government Codes Section 65584.3(c) and 65584.5(b)(5)). California's housing
element law acknowledges that in order for the private market to adequately address the
state's housing needs, local governments must adopt plans and regulatory systems that
provide opportunities for, and do not unduly constrain, housing development. As a result,
housing policy rests largely on the effective implementation of local general plans and
housing elements.
HOW THE STATE USES THE GENERAL PLAN APR and HOUSING
ELEMENT APR
The General Plan APR gives OPR the opportunity to identify statewide trends in land use
decision-making and how local planning and development activities relate to statewide
planning goals and policies. APRs may also inform modifications to OPR's General Plan
Guidelines. In addition, OPR is able to track progress on a local jurisdiction's
comprehensive General Plan update using information provided in the APR. Whether a
jurisdiction has submitted a recent Housing Element APR is a threshold requirement for
several State funding programs.
FORMAT GUIDANCE FOR THE GENERAL PLAN and HOUSING ELEMENT
APR
There is no standardized form or format for the preparation of the General Plan APR. The
following recommendations serve as guidance in developing an APR that is useful to
your specific jurisdiction. The APR prepared for your city or county is not required to
incorporate all of the elements suggested and need not be an elaborate and time-
consuming task. Instead, the APR may make use of available sources of information that
may contain information pertinent to General Plan annual reporting such as: "annual
reports," "performance reports," "budget reports," or "state of the city/county reports."
OPR encourages jurisdictions to include these types of reports or portions thereof in the
APR so long as they specifically address implementation of the General Plan. This
approach enables General Plan implementation to be discussed in the broader context of
the jurisdiction's overall programs and activities, including redevelopment, economic
development, and other topics.
Reporting on planning activities related to the General Plan is required even when a city
or county may be undertaking a General Plan comprehensive update. Therefore, status on
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these activities should still be reported to local legislative bodies and to both OPR and
HCD.
General Contents
Each jurisdiction should determine what locally relevant issues are important to include
in the General Plan APR. The following are suggested contents for the report:
1. Introduction.
2. Table of Contents.
3. Date of presentation/acceptance by the local legislative body (agenda item or
resolution).
4. Measures associated with the implementation of the general plan with specific
reference to individual element.
5. Housing Element APR reporting requirements — Each jurisdiction is required to
report certain housing information in accordance with state housing law (refer to
Government Code Sections 65400, 65583 and 65584) and HCD's housing element
guidelines (see https://www.hcd.ca.gov/community-development/housing-
element/index.shtml or email APRkhcd.ca. og_v for more information).
6. The degree to which the General Plan complies with OPR's General Plan Guidelines,
including environmental justice considerations, collaborative planning with the
military lands and facilities, and consultation with Native American tribes.
7. The date of the last update to the General Plan.
8. Priorities for land use decision making that have been established by the local
legislative body (e.g., passage of moratoria or emergency ordinances).
9. Goals, policies, objectives, standards or other plan proposals that need to be added or
were deleted, amended, or otherwise adjusted.
10. One or more lists of the following, including reference to the specific general plan
element or policy, status (i.e., approved/denied, initiated/ongoing/completed, etc.),
and brief comment on how each advanced the implementation of the General Plan
during the past year:
a. Planning activities initiated — These may include, but are not limited to,
master plans, specific plans, master environmental assessments, annexation
studies, and other studies or plans.
z According to Government Code Section 65040.5(a) and (b), OPR is tasked with notifying a city or county
if a general plan has not been revised within eight years and will notify the Attorney General if a general
plan has not been revised within ten years.
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b. General Plan amendments' — These may include agency -driven as well as
applicant -driven amendments.
c. Major development applications processed
Additional Content
The following are additional suggestions to make the APR a more comprehensive tool for
illustrating planning and development activities within the jurisdiction. Some
jurisdictions may not have the resources to address them annually. However, they are
mentioned here as examples of how some jurisdictions have effectively incorporated
other types of information into their APRs. Cities and counties should feel free to
incorporate this information into their APRs, where available and as deemed appropriate.
1. Review of-
a.
£
a. Interagency or intergovernmental coordination efforts and identify areas for
improvement. This may include participation in a regional blueprint or
partnerships with State or Federal programs.
b. The implementation of mitigation measures from the General Plan Final
Environmental Impact Report or Negative Declaration.
c. Equity planning considerations of the General Plan, such as impacts on particular
ethnic or socioeconomic population groups (i.e., environmental justice issues).
2. Summarize efforts to:
a. Promote infill development, reuse, and redevelopment particularly in
underserved areas while preserving cultural and historic resources.
b. Protect environmental and agricultural resources and other natural resources
c. Encourage efficient development patterns
3. Describe the jurisdiction's strategy for:
a. Economic development —Depending on the needs of your jurisdiction, this
analysis could include information on the ratio of jobs to dwelling units, tax
revenues, demographics, census information, etc.
b. Monitoring long-term growth — For example: population growth, employment
growth, land use development, and the provision of adequate supporting public
services and infrastructure.
4. Other actions:
3 Except as provided in Government Code Sections 65358(c) and (d), no mandatory element of the General Plan may
be amended more than four times during a calendar year.
14-9
a. Outline department goals, objectives, activities and responsibilities, as they relate
to land use planning.
b. Perform a regional or sub -regional outlook of population growth, housing, job
generation, and other socioeconomic trends.
c. Summarize the comments of other boards and commissions on the general plan
implementation.
d. Identify and monitor customer service improvements and methods to encourage
public involvement in planning activities.
e. Review and summarize grant administration for land use planning activities.
f. Provide a technology review such as implementation of Geographic Information
Systems (GIS) or establishment of web sites.
SUBMITTING THE GENERAL PLAN APR
Jurisdictions must submit a General Plan APR and a Housing Element APR to both OPR
and HCD by April 1 of each year.
To OPR: Submit the APR as an attachment in an MS Office application or PDF to
opr.aprkopr.ca.g_ov. A printed copy of the APR can be mailed to the State
Clearinghouse, P.O. Box 3044, Sacramento, CA 95812-3044, or 1400 10th Street,
Sacramento, CA 95814. If your city or county posts the APR electronically, please notify
OPR of your website address so that we may review it online.
To HCD: A copy of the APR should also be submitted as an attachment in an MS Office
application or PDF to aprkhcd.ca.gov. A printed copy of the APR can be mailed to the
Housing and Community Development, Housing Policy Development Division, 2020
West El Camino Ave., Sacramento, CA 95833.
SUBMITTING THE HOUSING ELEMENT APR
To OPR and HCD: Submit the new APR form via email to opr.apr(d),opr.ca. gov. and
aprkhcd.ca.gov. Send the APR form as an Excel workbook attachment, do not send a
scanned or PDF version of the new form via email. The HCD has developed an online
portal system as an alternative to emailing the APR. To use the online system, email
gpr(ab,hcd. ca. gov and request login information for your jurisdiction.
14-10
PUBLIC INPUT
OPR welcomes suggestions on how to make this guidance more meaningful and useful to
local planning agencies. Please contact Helen Campbell, AICP, Senior Projects Analyst
at (916) 341-7371 or e-mail at Helen.CampbelKbopr.ca. og_v
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Attachment B
General Plan Annual Progress Report of
2019
14-12
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL
PROGRESS REPORT
c jll� �P
.9LI Fo RN
2019 CALENDAR YEAR
APPROVED FOR SUBMISSION
. 2020
14-13
City of Newport Beach General Plan 2019 Annual Progress Report
Table of Contents
1. Introduction............................................................................................................... 4
2. Presentation and acceptance by local legislative bodies .......................................... 4
3. General Plan Implementation................................................................................... 4
4. Housing Element APR report requirements.............................................................. 7
5. General Plan compliance with OPR's General Plan Guidelines ............................. 10
6. Established priorities for land use decision making for 2019 .................................. 11
List of Tables
Table 1 — Quick Status Update for Each Implementation Program
Table A Summary — 2019 Housing Development Applications Submitted
Table A2 Summary — 2019 Building Activity Summary — Net New Units
Table B Summary — Regional Housing Needs Allocation Progress
tippenoices
Appendix A — General Plan Implementation Program Status
Appendix B — Table D. Housing Element Implementation Program Status
Appendix C — Memorandum from Dyett & Bhatia dated November 11, 2019
3
14-14
1. Introduction
Consistent with Government Code Section 65400 and the City's General Plan
Implementation Program Imp 1.3, the General Plan Annual Progress Report
(GPAPR) was prepared using guidelines set forth by the California Office of
Planning and Research (OPR) and provides information for decision makers on
the status of the General Plan and progress on implementation during the 2019
calendar year ("Reporting Period"). The Newport Beach General Plan was adopted
in November 2006 pursuant to guidelines provided in Government Code Section
65040.2 and consistent with Section 65400(a)(2). There is no standardized form
or format for the preparation of the GPAPR; however, the report format and content
follows the guidance provided by the 2019 Annual Progress Report Memorandum
issued by OPR on April 25, 2019.
2. Presentation and acceptance by local legislative bodies
The annual report was presented to the Planning Commission on March 5, 2020,
and the City Council reviewed the report on March 24, 2020. At the conclusion of
the review that included public comments, the City Council authorized the
submission of the report to OPR and the State Department of Housing and
Community Development (HCD) as required by State law.
j. General Plan Implementation
Included in the General Plan is an Implementation Program (Chapter 13) that
includes specific programs to carry out the goals and policies of the General Plan.
Appendix A of this report evaluates and provides the status of the General Plan
organized by each implementation program. The table below provides a quick
status on each program:
Table 1 — Quick Status Update for Each Implementation Program
Programs
Ongoing
Complete
Pending
N/A
Ensure that Private Development and Capital
1.1
Improvements are Consistent with the General
✓
Plan
1.2
Update and Revise the General Plan to Reflect
✓
Changing Conditions and Visions
1.3
Prepare Annual General Plan Progress and
✓
Housing Element Implementation Reports
2.1
Amend the Zoning Code for Consistency with
V/the
General Plan
3.1
Preparation of New Specific Plans
✓
4.1
New "Planned Community" Development Plans
✓
5.1
Review and Revise Coastal Land Use Plan for
✓
✓
Consistency with the General Plan
6.1
Review the Subdivision Ordinance for
V/
Consistency with the General Plan
0
14-15
City of Newport Beach General Plan 2019 Annual Progress Report
Table 1 — Quick Status Update for Each
Implementation Program
Programs
Ongoing
Complete
Pending
N/A
7.1
Review Building and Construction Code for
✓
Consistency with General Plan
7.2
Revise Fair Share Traffic Contribution
✓
Ordinance
7.3
Review and Update Transportation Demand
✓
Ordinance
8.1
Review Codes and Ordinances for Consistency
✓
✓
with the General Plan and Update Periodical)
8.2
Prepare New Codes, Ordinances, and
✓
Guidelines
9.1
Review City Council Policy Manual for
✓
Consistency with the General Plan
Maintain Up -to -Date Comprehensive Database
(Data such as built land use and traffic should
10.1
be updated on a continuing basis, while data
✓
that is stable, such as seismic hazard zones,
can be updated on a less frequent basis
10.2
Maintain Development Tracking and Monitoring
✓
Program
11.1
CEQA Review Development and Entitlement
✓
Applications
12.1
Evaluate Fiscal Benefits of Large Development
✓
Proposals and Annexations
12.2
Maintain and Update Fiscal Impact Model
✓
13.1
Process Development Agreements
✓
Adjoining Cities
14.1
("Borders Committees" to collaborate with the
✓
cities of Irvine, Huntington Beach, and Costa
Mesa)
14.2
Coordinate with School Districts
✓
14.3
Coordinate with Orange Count
✓
14.4
Coordinate with Orange County Transportation
✓
Authority OCTA
14.5
State of California Department of Housing and
✓
Community Development HCD
14.6
Coordinate with California Coastal Commission
✓
Coordinate with the California Resources
14.7
Agency, Department of Fish and Game (now
✓
known as California Department of Fish and
Wildlife
14.8
Coordinate with the California Department of
✓
Parks and Recreation
14.9
Coordinate with the California Department of
✓
Transportation "Caltrans"
14.10
Transportation Corridor Agencies TCA
✓
14.11
California Public Utilities Commission CPUC
✓
14.12
Coordinate with United States Army Corps of
✓
Engineers ("Corps")
14.13
Coordinate with United States Fish and Wildlife
✓
Service
14.14
Coordinate with Environmental Protection
✓
Agency (EPA)
14-16
Table 1 - Quick Status Update for Each
Implementation
Program
Programs
Ongoing
Complete
Pending
N/A
Coordinate with United States Postal Service
14.15
(USPS) (for the relocation of Mariners' Mile
✓
distribution facility)
14.16
Other Agencies
✓
15.1
Encourage Annexation of Banning Ranch Prior
✓
to Development
16.1
Improve Arterial Streets and Highways
✓
According to Classification
16.2
Monitor Traffic Conditions and Plan for and
✓
Fund Improvements
16.3
Construct Street and Highway Improvements
✓
16.4
Monitor Roadway Conditions and Operational
✓
Systems
Maintain Consistency with Regional
Jurisdictions (Caltrans and Orange County to
16.5
provide adequate roadway infrastructure plans
✓
and design standards such as the Orange
County Master Plan of Arterial Highways)
16.6
Local/Neighborhood Access Roads
✓
16.7
Traffic Control
✓
16.8
Provide Public Transportation
✓
16.9
Manage Truck Operations
✓
16.10
Improve Parking Supply and Management
✓
16.11
Maintain Trails
✓
16.12
Marine Transportation
✓
Maintain and Implement Urban Water
17.1
Management Plans and Encourage
✓
Conservation
18.1
Maintain and Implement Sewer Master Plan
✓
19.1
Maintain Storm Drainage Facilities
✓
20.1
Design, Fund, and Construct Streetscape
✓
Improvements
20.1
Design, Fund, and Construct Streetscape
✓
Improvements (continued)
20.2
Design, Fund, and Construct Waterfront
✓
Promenade
20.3
Fund and Construct Public View Sites
✓
21.1
Review and Update Harbor and Tidelands
✓
Improvement Plans
21.2
Develop Harbor Area Management Plan
✓
HAMP
21.3
Events Management and Programs
✓
21.4
Harbor Operations and Management
✓
22.1
Maintain and Enhance Police and Fire Facilities
✓
23.1
Maintain and Update Parks and Recreation
✓
Facility Plans
23.2
Maintain and Improve Parks and Recreation
✓
Facilities
23.3
Assess Recreation Needs
✓
23.4
Maintain Recreation Programs for Newport
✓
Beach's Residents
23.5 7
Requirements for Residential Developers
✓
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City of Newport Beach General Plan 2019 Annual Progress Report
Table 1 — Quick Status Update for Each
Implementation Program
Programs
Ongoing
Complete
Pending
N/A
24.1
Adopt and Implement Strategic Plan for Fiscal
✓
and Economic Sustainability
25.1
Implement Housing Element Programs
✓
26.1
Enforce Codes and Ordinances
✓
27.1
Seismic Compliance
✓
28.1
Maintain Hazards Data Base
✓
28.2
Maintain Emergency Preparedness, Response,
✓
and Recovery Programs
29.1
Educate the Community
✓
29.2
Support of the Arts, Culture, and Historic
✓
Resources
29.3
Support Community Environmental and
✓
Recreation Initiatives
30.1
Maintain Annual Budgets for City Services and
✓
Improvements
Administer Impact and User Fees (Development
30.2
Impact Fees, Park Dedication and In -Lieu Fees,
✓
and Tideland Revenue Fees)
Consider the Establishment of Community
31.1
Facilities and Special Assessment
✓
Districts
4. Housing Element APR report requirements
Government Code Section 65400 requires that each city, including charter cities,
prepare an annual progress report (APR) on the status of the Housing Element of
its General Plan. The State Department of Housing and Community Development
has provided mandatory forms (Excel spreadsheets) and definitions for the
reporting. The forms include six large tables (Tables A through F). A summary of
the contents of each table is provided below. The complete forms are too large to
copy for this report and are available online at the following link:
www.newportbeachca.gov/APR. Table D Program Implementation Status
provides each Housing Element Implementation Program and status of progress
for the 2019 calendar year. The complete Table D is provided in Appendix B of this
report.
Table A Summary- Housing Development Applications Submitted
Table A provides a complete listing of all housing applications including
discretionary and ministerial permits submitted during the Reporting Period. The
following table is a summary of the net totals of Table A.
7
14-18
Table A Summa - 2019 Housing Development Applications
Submitted
Building Permits Issued
Affordability By Income
Total
Very -Low
Low
Moderate
Above-
Unit Type
Submitted
Above -
Affordable
Moderate
Moderate
Moderate
Accessory
Moderate
Income
Income
Dwelling
1
0
0
1
2
Units
171
Income
Income and 1
Single-
0
0
0
175
175
Family
(Newport
Multi-
3
0
0
316
319
Family
Mixed -Use)
Total
1 4
1 0
1 0
1 492
1 496
Table A2 Summary - Annual Building Activity Summary
Table A2 is a comprehensive table that includes data on net new housing units
and developments that have received any one of the following forms of project
readiness during the Reporting Period: 1) an entitlement approval, 2) a building
permit issued, or 3) a certificate of occupancy issued. These projects are organized
by affordability level. Projects that result in a net zero or decrease in number of
units are not reported in this table. The following table is a summary of the net
totals of Table A2:
Table A2 Summa - 2019 Building Activity Summa — Net New Units
Approved Entitlements
Building Permits Issued
Certificates of
Occu anc Issued
Above-
Above-
Above -
Affordable
Moderate
Affordable
Moderate
Affordable
Moderate
Income
Income
Income
78 Low-
363
2 Very Low-
23
91 Very
171
Income
Income and 1
Low -
Low Income
Income
(Newport
Crossings
(ADUs)
(Uptown
Mixed -Use)
Newport)
Table B Summary - Regional Housing Needs Allocation Progress
Table B reports the number of units for which permits were issued to demonstrate
progress in meeting the City's Regional Housing Needs Allocation goal.
The Southern California Association of Governments (SCAG) prepared a Regional
Housing Needs Allocation (RHNA) to identify the housing needs for each
jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned
Newport Beach a share of the region's new housing units that should be
constructed in the 2014 - 2021 planning period to satisfy housing needs resulting
from projected growth in the region. To accommodate projected growth in the
14-19
City of Newport Beach General Plan 2019 Annual Progress Report
region, SCAG determined the City's share of RHNA to be a total of five new
dwelling units.
Table B Summary: Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
Income RHNA 2014'
2015'
2016'
2017'
20182
2019
Total to
Level Allocation
Date
Very Low 0
0
0
0
92
2
94
Low 0
0
0
0
0
1
1
Moderate 0
0
0
0
0
0
0
Above 115
197
186
716
406
23
1,643
Moderate
Total RHNA -
-
-
-
-
-
Total Units
115
197
186
716
498
26
1,738
Produced
Table C Summary - Sites Identified or Rezoned to Accommodate Shortfall
Housing Need
This table does not apply to Newport Beach because the City did not have an
identified unaccommodated need of sites from a prior Housing Element planning
period. In other words, the City currently has sufficient zoning in place to
accommodate the City's five -unit RHNA.
Table D Summary - Program Implementation Status Pursuant to Government
Code Section 65583
Table D provides the status and/or progress of implementing each Housing
Element Program for the Reporting Period. Attachment C includes a detailed
status report of each Housing Element Program. Some highlights of the program
implementation in 2019 are the following:
• In 2019, 227 units of the 462 -unit first phase of the Uptown Newport project
were completed and certificates of occupancy issued. Of the 227 units
completed, 91 units are affordable to very -low income households.
• The City's Senior Housing Assistance Repair Program (SHARP) continues to
successfully assist low-income seniors. In 2019, Habitat for Humanity and
OASIS staff worked on two projects and expended a total of $30,682. Projects
included home weatherization, roof repair and accessibility modifications. To
date, the program has used $243,466 for a total of 11 projects.
Data for years 2014-2017 are based on permits finalized (certificates of occupancy issued). The 2018
APR form now requests number of units permitted.
2Due to change in reporting requirements from permits finalized to permits issued, and after consultation
with HCD staff, 2018 data includes the 462 units, including 91 very -low income units, issued in 2017 for
the Uptown Newport project to ensure proper RHNA credit is given to the City.
er
14-20
The City approved the Newport Crossings Mixed -Use project consisting of a
total of 350 apartment units, including 78 units affordable to low-income
households. The Environmental Impact Report (EIR) was certified and the
project was approved by the Planning Commission on February 21, 2019.
Table E Summary - Commercial Development Bonus Approved Pursuant to
Government Code Section 65915.7
This table does not apply to Newport Beach because the City did not approve any
commercial development bonus in exchange for the development of affordable
housing during the Reporting Period. Pursuant to State Density Bonus Law, a
commercial developer may be eligible for an increase in floor area, height, or other
development standard exception if they partner with an affordable housing
developer to provide affordable housing units
Table F Summary - Units Rehabilitated, Preserved and Acquired for
Alternative Adequate Sites Pursuant to Government Code Section
65583.1(c) (2)
This table does not apply to Newport Beach because the City did not approve any
eligible projects in 2019.
5. General Plan compliance with OPR's General Plan Guideline
Newport Beach General Plan Implementation Program 1.3 provides that the
annual progress report must specify the degree to which the General Plan
complies with the General Plan Guidelines published by the Governor's Office of
Planning and Research (OPR) and the date of its last revision. The Newport Beach
General Plan was last comprehensively updated in 2006. It has since been
amended 41 times, including two major Housing Element updates (2007 and
2014). The OPR published General Plan Guidelines pursuant to Government Code
Section 65040.2 in 2017 to reflect more recent changes to Government Code
Section 65302.
The Newport Beach General Plan is generally consistent with the guidelines
except that several required elements will require updating in the future to be
consistent with Government Code Section 65302 following the guidance of OPR's
2017 Guidelines. The November 11, 2019 memorandum from Dyett & Bhatia
(Appendix C) outlines and explains in more detail on each shortcoming:
The Circulation Element does not incorporate every aspect of mobility as
required by Section 65302(b). Updating the Circulation Element is required
the next time the City chooses to make any substantial revision to the
Circulation Element.
10
14-21
City of Newport Beach General Plan 2019 Annual Progress Report
The Safety Element does not fully address Climate Change as required by
Government Code Section 65302(g). The City must update the Safety
Element to address Climate Change the next time it updates the Local
Hazard Mitigation Plan.
The General Plan currently does not address Environmental Justice as
specified by Government Code Section 65302(h). Including Environmental
Justice policies or adding a new separate element is not required until the
City revises two or more elements of the General Plan.
In addition, the Housing Element must be also be updated for the 6t" cycle
(2021-2029) Planning Period, which is due in October 2021.
In February 2019, the City Council initiated a comprehensive review and update of
the General Plan with the goal to bring it up to date with the requirements of
Government Code Section 65302 consistent with the City's changing vision to be
identified through a robust public outreach process.
h. Established priorities for land use decision making for 2019
In 2019, priorities on amendments and policies included the following and the
status of each can be found in the referenced Implementation Programs in
Appendix A:
Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation
Plan) Update Related to Accessory Dwelling Units (Implementation Program
8.2)
On February 12, 2019, the City Council adopted amendments to Title 20 and Title
21 necessary to address changes in State law (Senate Bill 1069 and Assembly Bill
2299, Statutes of 2016, and Senate Bill 229 and Assembly Bill 494, Statutes of
2017) that require jurisdictions to amend their local ordinances to conform to
California Government Code Section 65852.2. The ordinances expanded
opportunities in the City for the conversion and construction of new Accessory
Dwelling Units (ADUs) to any residential lot with existing or proposed single -unit
development.
In 2019, the California Legislature adopted another group of housing bills aimed at
addressing the housing crisis. The Legislature approved, and the Governor signed
SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019),
and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things,
amended Government Code sections 65852.2 and 65852.22 to further impose
new limits on the City's ability to regulate ADUs and Junior Accessory Dwelling
Units (JADUs). The City is in the process of amending Newport Beach Municipal
Code (NBMC) Titles 20 and 21 to conform with revisions to Government Code
Sections 65852.2 and 65852.22 that went into effect on January 1, 2020.
11
14-22
Title 17 (Harbor Code) Update (Implementation Program 8.1)
Throughout 2019, the Harbor Commission led a comprehensive review and update
of Title 17 of the NBMC. This effort included significant community stakeholder
involvement, including hosting multiple well -attended community meetings, inviting
written comments and suggestions, and incorporating community input into
recommendations advanced to City Council, where warranted. Recommended
updates to Title 17 (with the exception of the Code section associated with Marine
Activities Permits) were advanced to the City Council for consideration at the
January 28, 2020, City Council meeting where they were largely adopted. Efforts
to recommend updates to Code sections governing Marine Activities Permits and
live -aboard activities within private commercial marina remain ongoing. Harbor
Commission recommendations to City Council on these sections are expected in
summer of 2020.
Maintaining Up -to -Date Comprehensive Database (Implementation Program
10.1)
The City's Geographical Information System (GIS) data is updated regularly to
provide up-to-date, parcel -specific information including specific lot information,
planning (zoning, land entitlements, building, code enforcement, environmental
layers, general information [contours, assessor, easement, etc.]), general
services, harbor, hazards including flood and seismic, fire, police, public works,
parking, street and utilities. New layers are added whenever necessary and
appropriate.
Maintaining Development Tracking and Monitoring Program
(Implementation Program 10.2)
Work continues on the comprehensive update to the citywide, parcel -specific
database that accounts for all existing development. The database includes
statistics for non-residential floor area and residential dwelling units. The database
is used for site-specific information or compiled to provide information by any
geography needed, from a single lot to a neighborhood to statistical area to
citywide. The land use data is available by Statistical Area as directed by the
General Plan. The data is currently being used to update the land use inputs of the
Newport Beach Traffic Analysis Model (NBTAM), which will be consistent with the
Orange County Transportation Analysis Model (OCTAM).
As required by Section 423 of the City Charter, the Planning Division tracks
increases in development limits approved by General Plan amendments (GPA) for
a period of 10 years. If a proposed amendment exceeds the established thresholds
of 40,000 square feet of non-residential development, 100 dwelling units, 100 AM
peak hour traffic trips or 100 PM peak hour traffic trips on its own or, when
combined with 80 percent of previously approved General Plan amendment(s)
12
14-23
City of Newport Beach General Plan 2019 Annual Progress Report
located in the same Statistical Area, the amendment is considered a "major
amendment." Approval or denial of a "major amendment" is determined by a vote
of the electorate. The GPA/Charter Section 423 tracking tables are available for
public review at the General Plan information page on Newport Beach's
Community Development Department's Planning Division website at -
httos://www.newoortbeachca.aov/chartersection423
In the last year, staff has compiled a database of all transfers of development rights
in Statistical Area L1 (Newport Center) and Statistical Area L4 (Airport Area). Land
Use Element policies LU4.3 (Transfer of Development Rights) and LU6.14.3
(Transfers of Development Rights — Newport Center) allow development rights and
intensity (e.g. square footage) to be transferred in certain circumstances without
an amendment to the General Plan. The policies are implemented by Chapter
20.46 (Transfer of Development Rights) of the Newport Beach Municipal Code and
the North Newport Center Planned Community Development Plan.
The transfer of development tables are located at the following webpage:
https://www.newportbeachca.gov/developmenttransfertabies
Update and Revision to the General Plan to Reflect Changing Conditions
and Visions (General Plan Implementation Program 1.2)
The General Plan was comprehensively updated in 2006. Staff reviews the
General Plan on an ongoing basis to ensure it is maintained to reflect current
conditions, issues, and visions.
On January 22, 2019, the City Council acted to initiate a General Plan review and
update process. A City Council -appointed resident Steering Committee was
formed to prepare a request for proposals for consultant assistance. The Steering
Committee guided an open, transparent and inclusive public outreach process
during the latter part of 2019, called the "Listen and Learn" process. However,
during this outreach effort, the Regional Housing Needs Assessment (RHNA)
allocation process was being conducted by the Southern California Association of
Governments (SCAG). Early methodology estimates showed between
approximately 2,000 and 5,000 new housing units required for the City of Newport
Beach's 6t" cycle RHNA. The Listen and Learn effort was augmented to focus
specifically on RHNA and updating the Housing Element. On January 14, 2020,
City staff reviewed the progress of the update with the City Council at the direction
of the Steering Committee, given that much of the context surrounding the potential
comprehensive update of the General Plan had changed due to the housing crisis.
City Council directed staff to focus efforts on primarily updating the Housing
Element for compliance with State law.
The City released a request for proposals (RFP) related to consultant services for
updating the Housing, Land Use, and Circulation Elements in December 2019, and
a new housing -centric committee will replace the Steering Committee. All
13
14-24
information regarding the General Plan update efforts including the initiation,
evaluation and process can be found on the City webpage at
https://www.newportbeachca.gov/gpupdate
14
14-25
APPENDIX A. GENERAL PLAN IMPLEMENTATION PROGRAM STATUS
PROGRAMS
STATUS
1.1
Ensure that Private
Ongoing
Development and
Capital
1. All private development projects require consistency with the General Plan. Consistency is ensured through
Improvements are
application of zoning requirements. Discretionary applications require the adoption of a finding that the project is
Consistent
consistent with the General Plan based upon facts.
with the General
Plan
2. In June 2019, the City Council confirmed that the Fiscal Year 2019-20 Capital Improvement Program (CIP) was
consistent with the General Plan when it approved the CIP with the adoption of the budget.
For reference, in November 2012 the residents approved Measure EE, a City charter amendment. Section 707 of
the City's Charter was amended eliminating the need for the Planning Commission to recommend any proposed
public works items to the City Council.
1.2
Update and Revise
Ongoing
the General Plan to
Reflect Changing
The General Plan was comprehensively updated in 2006. Staff reviews the General Plan on an ongoing basis to
Conditions and
ensure it is maintained to reflect current conditions, issues, and visions. On January 22, 2019, the City Council acted
Visions
to initiate a General Plan review and update process. A City Council -appointed resident Steering Committee was
formed to prepare a request for proposals for consultant assistance. The Steering Committee guided an open,
transparent and inclusive public outreach process during the latter part of 2019, called the "Listen and Learn"
process. However, during this outreach effort, the Southern California Association of Governments (SCAG) was
conducting the Regional Housing Needs Assessment (RHNA) allocation process. Early methodology estimates
showed between approximately 2,000 and 5,000 new housing units required for the City of Newport Beach's 6th
cycle RHNA. The Listen and Learn effort was augmented to focus specifically on RHNA and updating the Housing
Element. On January 14, 2020, City staff reviewed the progress of the update with the City Council at the direction of
the Steering Committee given that much of the context surrounding the potential comprehensive update of the
General Plan had changed due to the housing crisis. City Council directed staff to focus efforts primarily on housing.
The refocused update effort is the Housing Element, the Land Use Element to accommodate the additional housing,
the Circulation Element, and Environmental Justice policies. The City Council dissolved the Steering Committee
while creating a new Housing Element Update Advisory Committee (HEUAC). Staff released a request for proposals
(RFP) for consultant services to prepare the refocused updates in December 2019 and those proposals are currently
under review. All information regarding the General Plan update efforts including the initiation, evaluation and
process can be found on the City webpage at httgs://www.newportbeachca.gov/gpupdate.
14-26
PROGRAMS
STATUS
1.3
Prepare Annual
Pending for 2019
General Plan
Progress and
The Annual Report for 2019 was reviewed by the City Council and submitted to the Governor's Office of Planning
Housing Element
and Research (OPR) and State of California Department of Housing and Community Development (HCD) in
Implementation
April 2020. Implementation Program 1.3 also states that that the report must specify the degree to which the General
Reports
Plan complies with the General Plan Guidelines published by OPR and the date of its last revision. The Newport
Beach General Plan was last comprehensively updated in 2006. It has since been amended 41 times, including two
major Housing Element updates (2007 and 2014). The OPR published General Plan Guidelines pursuant to
Government Code Section 65040.2 in 2017 to reflect more recent changes to Government Code Section 65302. The
Newport Beach General Plan is generally consistent with the guidelines except that several required elements will
require updating in the future to be consistent with Government Code Section 65302 following the guidance of
OPR's 2017 Guidelines. The "General Plan Diagnostic Memo" provided in Appendix C of the 2019 General Plan
Annual Progress Report attachment outlines and dives into more detail on each shortcoming. The Circulation
Element does not incorporate every aspect of mobility as required by Section 65302(b). Updating the Circulation
Element is required the next time the City chooses to make any substantial revision to the Circulation Element. The
Safety Element does not fully address Climate Change as required by Government Code Section 65302(g). The City
must update the Safety Element to address Climate Change the next time it updates the Local Hazard Mitigation
Plan. The General Plan currently does not address Environmental Justice as specified by Government Code Section
65302(h). In 2019, the City initiated a comprehensive review and update of the General Plan to update it consistent
with Government Code Section 65302 and its changing vision of the future of the City.
2.1
Amend the Zoning
Complete
Code for
Consistency with the
Comprehensive Zoning Code Update, consistent with the General Plan, was adopted by City Council in October
General Plan
2010.
3.1
Preparation of New
Not Applicable in 2019
Specific Plans
Within the Airport Area, Uptown Newport and Koll Center elected to meet their "regulatory plan" requirements
(General Plan Policy LU 6.15.10) through a Planned Community Development Plan as allowed pursuant to
Implementation Program 4.1. The streetscape improvements for West Newport and Balboa Village are intended to
create a unified theme as public and private improvements are implemented in the area.
14-27
PROGRAMS
STATUS
4.1
New "Planned
Ongoing
Community"
Development Plans
Uptown Newport — Approved in February 2013, the Uptown Newport Planned Community (PC) was created
(formally a part of the Koll Center Planned Community) to specifically serve as a zoning document for the
construction of up to 1,244 residential units, 11,500 square feet of retail commercial, and 2.05 acres of park
space. The Uptown Newport PC requires densities between 30 du/acre and 50 du/acre, consistent with the
densities of the General Plan, and allows additional density opportunities with a density bonus. Construction
of the first phase of the project (462 apartment units, including 91 affordable units) was under construction in
2019 and 227 of these units were completed and finaled in 2019.
• Koll Center Newport —. The application for the development of 260 for -sale condominium units is currently
under review by the City. A Planning Commission study session was conducted late January 2019. There
has been no subsequent action to date. The applicant has indicated that they are considering revising the
project design.
• Back Bay Landing - A proposed integrated, mixed-use waterfront village on an approximately 7 -acre portion
of a 31.5 -acre parcel located adjacent to the Upper Newport Bay in the City of Newport Beach. The proposed
project involves land use amendments to provide the legislative framework for future development of the site,
including a Planned Community Development Plan (PCDP) that provides the zoning regulations for the site.
The requested approvals would provide for recreational and marine commercial retail, marine office, marine
services, enclosed dry stack boat storage, and limited mixed-use structures with residential uses above the
ground floor. The PCDP was adopted by the City Council on April 26, 2016. Due to negotiations with the
Orange County Sanitation District and design implications associated with the reconstruction of an adjacent
pump facility, the project has been delayed. The project applicant anticipates submitting applications for Site
Development Review and a Coastal Development Permit for the actual development in late 2020.
14-28
PROGRAMS
STATUS
5.1
Review and Revise
Complete and Ongoing
Coastal Land Use
Plan for Consistency
The Coastal Land Use Plan (CLUP) was amended to be consistent with the 2006 General Plan in 2009. When the
with the General
City approves an amendment of the General Plan that affects property in the Coastal Zone, the City prepares
Plan
necessary amendments to the CLUP. The General Plan amendment is held in abeyance until the corresponding
CLUP amendment is certified by the California Coastal Commission and accepted by the City Council.
6.1
Review the
Complete
Subdivision
Ordinance for
The Subdivision Code was reviewed and updated in 2009 and 2010 consistent with this program.
Consistency with the
General Plan
7.1
Review Building and
Ongoing
Construction Code
for Consistency with
Every three years the City's Building and Construction Codes are updated to incorporate changes to the California
General Plan
Building and Fire Codes. The 2019 updated Building and portions of the Fire Code were adopted by the City in late
2019, and were effective starting January 1, 2020, as required by State Law. The final portions of the Fire Code
were adopted by the City on February 24, 2020.
7.2
Revise Fair Share
Partially Complete
Traffic Contribution
Ordinance
The City created a subcommittee to study and guide an update to the Fair Share Traffic Fee; however, it held an
abeyance due to the feasibility and uncertainty of infrastructure and costs associated with development of Banning
Ranch. The City has as adjusted the fee annually for changes in the Consumer Price Index.
7.3
Review and Update
Complete
Transportation
Demand Ordinance
The Transportation Demand Management Ordinance was reviewed and updated as a part of the comprehensive
Zoning Code Update in 2010 (see Section 20.44 of the Zoning Code).
8.1
Review Codes and
Complete and Ongoing
Ordinances for
Consistency with the
Codes and Ordinances are revised for consistency with the General Plan on an as -needed basis. The Zoning Code
General Plan and
was comprehensively updated in 2010, and Subdivision Code was updated in 2009 and 2010 for consistency with
Update Periodically
the General Plan. The following are specifically recommended (sections from the Implementation Measure are
italicized):
14-29
PROGRAMS
STATUS
a. Requirements for live -aboard vessels pertaining to the integrity, quality, and safety of Harbor uses, environmental
protection, and impacts on the public, waterfront owners/lessees, and adjoining properties — Pursuant to Newport
Beach Municipal Code (NBMC) Section 17.40, the City's Harbormaster's Office will conduct vessel inspections
annually and implement regulations including the maximum number of renewable annual permits. The
Harbormaster's Office will implement enhanced equipment inspections and review of service records with
associated vessel sanitation systems and the frequency by which these systems are serviced to responsibly remove
waste materials from vessels; confirming operability of vessel; overall vessel condition; and other requirements of
the code section. In addition to live -aboard related codes, throughout 2019 the Harbor Commission led a
comprehensive review and update of Title 17 of the NBMC. This effort included significant community stakeholder
involvement, including hosting multiple well -attended community meetings, inviting written comments and
suggestions and incorporating community input into recommendations advanced to City Council, where warranted.
Recommended updates to Title 17 (with the exception of the code section associated with Marine Activities Permits)
were advanced to the City Council for consideration at the January 28, 2020, City Council meeting where they were
largely adopted. Efforts to recommend updates to Code sections governing Marine Activities Permits and live -
aboard activities within private commercial marina, remain ongoing. Harbor Commission recommendations to City
Council on these sections are expected in summer of 2020.
b. Regulation and transfer of mooring permit applications and titles — Managed by the City's Harbormaster's Office
on an ongoing basis. These code requirements were reviewed and updated in the Harbor Commission's
comprehensive review and update of Title 17, as discussed in a. above.
c. Standards for the design and siting of bulkheads, pier, and similar structures to address their potential visual
impacts — Current City Council approved Harbor Standards state that the bulkhead height is required to be +10
Mean Lower Low Water (MLLW). However, with the City's approved Local Coastal Program (LCP) requirements for
addressing sea level rise, staff is increasing the height requirements for bulkheads above what is stated in the
Harbor Standards. Therefore, in 2020, staff will modify the Harbor Standards to match the LCP requirements.
d. Standards and policies specified by the Noise Element to protect sensitive noise receptors, residents and
businesses from unwanted noise impacts from traffic, JWA operations, construction activities, truck deliveries,
special events, charter and entertainment boats, and similar sources — Reviewed and implemented on an ongoing
basis through project review consistent with the Airport Land Use Environs Plan (AELUP) by Code Enforcement,
Harbormaster's Office, and building inspectors.
8.2
Prepare New Codes,
Ongoing
Ordinances, and
Guidelines
The comprehensive Zoning Code update was adopted in November 2010, by the City Council. The following are
specifically recommended (sections from the Implementation Measure are italicized):
14-30
PROGRAMS STATUS
a. A "commercial -residential' interface ordinance that regulates use, activity, and design of commercial properties
located on shallow parcels directly abutting residential neighborhoods - The Zoning Code includes development
standards that address the commercial and residential interface to minimize potential land conflicts.
b. Design guidelines for the renovation or reconstruction of housing in existing neighborhoods to assure that they
complement the character of existing development; these may be applied to specific neighborhoods or citywide —
The 2010 Zoning Code attempted to regulate third floor mass and bulk through the use of NBMC Section 20.48.180
(Residential Development Standards and Design Criteria), which includes third floor area limits, third floor step backs for
enclosed floor area, and open space standards to increase building modulation. However, the third floor limits do not
apply to unenclosed covered deck areas or unfinished attics, resulting in building designs with third levels (enclosed and
unenclosed) that visually appear larger and bulkier than the code intended. Furthermore, these standards do not
currently apply to Two -Unit Residential, Balboa Island (R -BI) and the Multiple Residential (RM) zoning districts.
As a result of growing community concerns related to the loss of small residential cottages and the bulk and mass
associated with new single- and two -unit dwelling developments in the City, the City Council held a study session on
April 23, 2019, and directed staff to prepare amendments regulating these concerns. On August 19, 2019, the
Community Development Department staff hosted a community meeting to share proposed changes to residential
design standards. As a result of comments received, staff has completed draft revisions to the residential design
standards and anticipates Planning Commission and City Council review in spring of 2020.
c. An ordinance or guidelines for the preservation of historic buildings and/or properties; this shall be developed in
consideration of guidelines published by the State Historic Preservation Office — Staff continues to review projects
subject to the California Environmental Quality Act (CEQA) to address historic preservation. An ordinance has not
been prepared at this time.
d. An ordinance managing parking in commercial and mixed-use corridors and districts characterized by deficient
parking; this may provide for the establishment of parking districts in which new parking may be developed in public
or private shared facilities or structures or other facilities, as well as procedures for the funding of these
improvements — In 2016, the City pursued this initiative through the Mariners' Mile Revitalization Master Plan. The
plan was prepared but its adoption was postponed to consider its content/initiatives as part of a comprehensive
General Plan update, scheduled to begin in 2019. See Program 16.10 for an update on Balboa Village parking.
On February 12, 2019, the City Council adopted amendments to Title 20 and Title 21 necessary to address
changes in State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016, and Senate Bill 229 and
Assembly Bill 494, Statutes of 2017) that require jurisdictions to amend their local ordinances to conform to
California Government Code Section 65852.2. The ordinances expanded opportunities in the City for the
conversion and construction of new Accessory Dwelling Units (ADUs) to any residential lot with existing or
proposed single -unit development.
14-31
PROGRAMS
STATUS
In 2019, the California Legislature adopted another group of housing bills aimed at addressing the housing
crisis. The legislature approved, and the Governor signed, SB 13 (Chapter 653, Statutes of 2019), AB 68
(Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other
things, amended Government Code Sections 65852.2 and 65852.22 to further impose new limits on the
City's ability to regulate ADUs and Junior Accessory Dwelling Units (JADUs). The City is in the process of
amending Newport Beach Municipal Code Titles 20 and 21 to conform with revisions to Government Code
Sections 65852.2 and 65852.22 that went into effect on January 1, 2020.
9.1
Review City Council
Ongoing
Policy Manual for
Consistency with the
In 2019, the following City Council Policies were reviewed: B-17, F-27, I-7, H-1 and A-12. Per the City Council's
General Plan
direction, a subcommittee was created by the Planning Commission and was tasked with reviewing the "L" series
(Public Works) policies. The review of all the L Policies was completed in early 2019, with the City Council adopting
updated policies. All of the policies were determined consistent with the General Plan.
10.1
Maintain Up -to -Date
Ongoing
Comprehensive
Database
The City's Geographical Information System (GIS) data is updated regularly to provide up-to-date parcel -specific
(Data such as built
information including specific lot information (agreements), planning (zoning, land entitlements, building, code
land use and traffic
enforcement, environmental layers, general information [contours, assessor, easement, etc.]), general services,
should be updated
harbor, hazards including flood and seismic, fire, police, public works, parking, street and utilities. New layers are
on a continuing
added whenever necessary and appropriate.
basis, while data that
is stable, such as
seismic hazard
zones, can be
updated on a less
frequent basis)
14-32
PROGRAMS
STATUS
10.2
Maintain
Ongoing
Development
Tracking and
Work continues on the comprehensive update to the citywide, parcel -specific database that accounts for all existing
Monitoring Program
development. The database includes statistics for commercial floor area and residential dwelling units. The database
is used for site-specific information or compiled to provide information by any geography needed, from a single lot to
a neighborhood to statistical area to citywide. The land use data is available by Statistical Area as directed by the
General Plan. The data is currently being used to update the land use portion of the Newport Beach Traffic Model
(NBTAM).
As required by Section 423 of the City Charter, the Planning Division tracks increases in development limits
approved by General Plan amendments (GPA) for a period of 10 years. If a proposed amendment exceeds the
established thresholds of 40,000 square feet of non-residential development, 100 dwelling units, 100 AM peak hour
traffic trips, or 100 PM peak hour traffic trips on its own or, when combined with 80 percent of previously approved
General Plan amendment(s) located in the same Statistical Area, the amendment is considered a "major
amendment." Approval or denial of a "major amendment" is determined by a vote of the electorate. The GPA/Charter
Section 423 tracking tables are available for public review at the General Plan information page on Newport Beach's
Community Development Department's Planning Division website at -
https://www.newportbeachca.qov/chartersection423
In the last year, staff has compiled a database of all transfers of development rights in Statistical Area L1 (Newport
Center) and Statistical Area L4 (Airport Area).
Land Use Element policies LU4.3 (Transfer of Development Rights) and LU6.14.3 (Transfers of Development Rights
— Newport Center) allow development rights (e.g. square footage) to be transferred in certain circumstances without
an amendment to the General Plan. The policies are implemented by Chapter 20.46 (Transfer of Development
Rights) of the Newport Beach Municipal Code and the North Newport Center Planned Community Development
Plan.
The transfer of development tables are located at the following webpage:
https://www.newportbeachca.qov/developmenttransfertables
11.1
CEQA Review
Ongoing
Development and
Entitlement
All private and public development projects are reviewed for CEQA compliance.
Applications
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12.1
Evaluate Fiscal
Ongoing
Benefits of Large
Development
In 2019, Applied Development Economics, Inc., on behalf of the City, prepared a fiscal impact analysis for the
Proposals and
Vivante Senior Housing project and the project was approved. Harbor Pointe Senior Living and Newport Crossings
Annexations
Mixed Use projects included fiscal impact analyses prepared by Applied Development Economics, Inc. in 2018 and
both were approved in 2019.
No annexations have been proposed.
12.2
Maintain and Update
Ongoing
Fiscal Impact Model
The fiscal impact model is maintained by Applied Development Economics, Inc. on behalf of the City. The model
calculates public service impacts for specific land uses that support the residential population, the employment base
and the visitor population in the City. It also calculates the public revenues that each type of land use typically
generates for the City, including property taxes, sales taxes, and other taxes, as well as a variety of user charges
and fees. The output from the fiscal impact model can be modified to address these circumstances for each
individual project and the fiscal year the project is proposed.
13.1
Process
Ongoing
Development
Agreements
The City requires Development Agreements for projects in accordance with Chapter 15.45 of the Municipal Code
and where required by the General Plan.
A development agreement was also prepared for the Harbor Pointe Senior Living project, which received City
Council approval in February 2019.
14.1
Adjoining Cities
Ongoing
( "Borders
Committees" to
The City continuously collaborates with neighboring cities as projects/issues warrant but there currently is not an
collaborate with the
established committee.
cities of Irvine,
Huntington Beach,
and Costa Mesa)
14.2
Coordinate with
Ongoing
School Districts
Staff works with Newport Mesa Unified School District, Santa Ana Unified School District, and Coast Community
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College District ("School Districts") on the identification and acquisition of potential school sites and expansion of
existing facilities on an as -needed basis. Should the need arise, Public Works staff monitors traffic conditions at
school locations. The City works with the School Districts on joint -use agreements for public recreational uses of
school properties on an as -needed basis. School fees are assessed during the issuance of building permits when
applicable.
14.3
Coordinate with
Ongoing
Orange County
The City of Newport Beach continues to work with Orange County on various programs affecting land use and
development, affordable housing, transportation, infrastructure, resource conservation, environmental quality,
management of Newport Harbor and Upper Newport Bay; and John Wayne Airport operations and improvement
plans on an as -needed basis.
14.4
Coordinate with
Ongoing
Orange County
Transportation
The Public Works Director is on the Technical Advisory Committee (TAC), which meets monthly and consists of
Authority (OCTA)
most of the Public Works Directors in Orange County, to discuss and make recommendations to the OCTA and its
board on the allocation of funding.
14.5
State of California
Ongoing
Department of
Housing and
The 2019 General Plan Annual Progress Report, including the Housing Element Report, was sent to HCD in April
Community
2020.
Development (HCD)
14.6
Coordinate with
Ongoing
California Coastal
Commission
. On April 17, 2019, the City submitted a Local Coastal Program Amendment (LC2017-001) to the California
Coastal Commission to add the Balboa Village Parking Management Overlay District to the certified Local
Coastal Program (LCP) Implementation Plan. A Coastal Commission hearing date is pending.
• On October 29, 2019, the City submitted a Local Coastal Program Amendment (LC2019-003) to the
California Coastal Commission to incorporate regulations authorizing the Transfer of Development Rights
(TDR). General Plan Land Use Element Policy LU 4.3 (Transfer of Development Rights) establishes the
City's current citywide TDR program in Newport Beach and Policy LU 6.14.3 (Transfer of Development
Rights) establishes the TDR program in the Newport Center area of the City. Although TDRs are an
established program in the City, TDR provisions were not included in the adopted LCP. Therefore, the LCP
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amendment is necessary to provide clear authority for TDRs in the coastal zone and provide consistency
with the General Plan. A Coastal Commission hearing date is pending.
• Bayview Heights Storm Drain Project contains jurisdictional wetlands and requires permits for the California
Coastal Commission, Army Corps of Engineers, Regional Water Quality Control Board and California
Department of Fish & Wildlife. Project substantially completed July 2019. A 120 -day plant establishment
period completed November 2019.
• Big Canyon Restoration - Phase 2A. This project in the center of the Nature Park contains jurisdictional
wetlands and requires permits from the California Coastal Commission, Army Corps of Engineers with
concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and California
Department of Fish and Wildlife. The project is scheduled to start: September 1, 2020, and anticipated to
substantially be complete by February 1, 2021.
• Big Canyon Restoration - Phase 2B/C. This proposed project at the mouth of Big Canyon Nature Park
contains jurisdictional wetlands and requires permits from the California Coastal Commission, Army Corps of
Engineers with concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and
California Department of Fish and Wildlife. Proposed project start: September 1, 2022. Substantially
complete: July 1, 2023.
• Western Snowy Plover (WSP) Habitat Management Plan — Planning Division staff is in the process of
finalizing the management plan for the portions of ocean -facing beach designated as critical habitat and
beaches to the east. The area covered by the plan is generally the beaches from B Street to the Wedge.
Coordination with California Coastal Commission staff is ongoing and a Coastal Commission hearing on the
plan is expected to take place in March 2020.
• Planning and Public Works staff routinely communicate directly with Coastal Commission staff on an as -
needed basis regarding implementation of the Local Coastal Program.
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14.7
Coordinate with the
Ongoing
California Resources
Agency, Department
1. Planning and Public Works staff routinely communicates with California Department of Fish and Wildlife with
of Fish and Game
regards to the management of Upper Buck Gully and the upper Newport Bay.
(now known as
California
2. Recreation and Senior Services staff continues to work as a partner with the University of California, Irvine;
Department of Fish
Orange County Public Health; OC Parks; California Department of Fish and Wildlife; and the Back Bay
and Wildlife)
Science Center.
14.8
Coordinate with the
Ongoing
California
Department of Parks
The City, through its Natural Resource Division of the Recreation and Senior Services Department, coordinates with
and Recreation
the California Department of Fish and Wildlife, California State Parks, the County, education, and non-governmental
organizations (NGOs) to protect natural resources through implementation of state and local legislation,
enforcement, monitoring, and to provide education programming at Big Corona del Mar and Little Corona del Mar
State Beach, Crystal Cove, and Upper Newport Bay. Coordination highlights from 2019 include the following:
1. Natural Resource Division continued to work with various City departments on issues concerning natural
resources.
2. Natural Resource Division continued to work with the MPA Watch (Marine Protected Area Watch Program -
Human Use), along with serving as an active member of the Orange County Marine Protected Area Council
(OCMPAC).
3. The Natural Resource Division conducted field trips, interpretive programs, and beach cleanups in a number of
locations throughout Newport Beach, partnering with the Environmental Nature Center, Irvine Ranch
Conservancy, Newport Bay Conservancy, and California Department of Fish and Wildlife.
4. The Natural Resource Division continued to work with other City departments, U.S. Fish and Wildlife Service on
the Western Snowy Plover Management Plan to establish a set of programs and management practices to
protect the Western Snowy Plover and improve best management practices.
5. The Natural Resource Division partnered with other City departments, Newport Bay Conservancy, Newport
Dunes Resort and Marine, and California Department of Fish and Wildlife to run the Fostering interest in Nature
(FiiN) program. The program is a four-day, three -night science camp program located within the Upper Newport
Bay MPA. There were 285 fifth graders from Title I schools in Orange County that attended this free program
over a nine -week period.
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14.9
Coordinate with the
Ongoing
California
Department of
The City's Public Works Department coordinates with Caltrans on an as -needed basis for the review of
Transportation
improvements to the State Highway System or impacts on the system by development:
("Caltrans")
The City has teamed up with the Orange County Transportation Authority (OCTA) and Caltrans to update
traffic signal communication, control equipment and coordination along Coast Highway through the Measure
M2 grant -funded Coast Highway Traffic Signal Synchronization Project, which was completed. The
Maintenance and Monitoring phase of the project has begun and will monitor and update traffic signal
equipment, timing and coordination through 2021.
14.10
Transportation
Ongoing
Corridor Agencies
(TCA)
City staff continually works with the Transportation Corridor Agencies (TCA) regarding the San Joaquin Hills (SR -73)
Toll Road and continuously implements TCA's Major Thoroughfare and Bridge Fee Program through the Municipal
Code. Impact fees are collected by the City when a building permit is issued.
14.11
California Public
Ongoing
Utilities Commission
(CPUC)
The City works with the California Public Utilities Commission (CPUC) to explore funding for the undergrounding of
utilities. To date, the City has adopted several underground utility districts, including assessment districts, to provide
funding for undergrounding projects. Most of the funding for undergrounding in the City has come from assessment
districts using CPUC Rule 20B. The City receives funding allocation from Southern California Edison (SCE) for Rule
20A undergrounding projects. In 2013, the City Council adopted a Utility Undergrounding District on Balboa
Boulevard from Coast Highway to 23 d Street and directed staff to proceed with a Rule 20A, an undergrounding
project along Balboa Boulevard. The City Council approved five Rule 20B Utility Underground Assessment Districts
upon a positive resident vote: one in Corona del Mar, three adjacent to the Balboa Boulevard Rule 20A project, and
a 2018 -approved district for the west side of Balboa Island, which are in various stages of completion. Staff also
continues to work with other resident groups in Balboa Peninsula, Central Balboa Island, and Corona del Mar for
possible other Rule 20B projects.
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14.12
Coordinate with
Ongoing
United States Army
Corps of Engineers
1. Public Works continues to coordinate with the Corps on the City's "Newport Specific Eelgrass Plan" — an
("Corps")
ecosystem -based eelgrass management plan for Newport Harbor. The Plan was approved in December
2015.
2. Public Works staff continues to strategize with the Corps on the next phase of dredging the Lower Bay to the
federally -authorized and approved depths. The City is completing all of the pre -project planning including
sediment testing/approval, design, engineering, environmental review and permitting (with Corps input) so the
project will be shovel -ready by fall 2020. Full federal funding is required before a construction date can be
established.
3. Bayview Heights Storm Drain Project contains jurisdictional wetlands and requires permits from the California
Coastal Commission, Army Corps of Engineers, Regional Water Quality Control Board and California
Department of Fish & Wildlife. Project was substantially completed July 2019. A 120 -day plant establishment
period completed November 2019.
4. Big Canyon Restoration - Phase 2A This project in the center of the Nature Park contains jurisdictional
wetlands and requires permits from the California Coastal Commission, Army Corps of Engineers with
concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and California
Department of Fish and Wildlife. The project will initiate construction in September 2020 and is anticipated for
completion by February 2021.
5. Big Canyon Restoration — Phase 2B/C. This proposed project at the mouth of Big Canyon Nature Park
contains jurisdictional wetlands and requires permits from the California Coastal Commission, Army Corps of
Engineers with concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and
California Department of Fish and Wildlife. Proposed project start is anticipated September 1, 2022 and
completion is anticipated July 1, 2023.
6. Newport Bay Trash Wheel - The Trash Wheel will be constructed in San Diego Creek just upstream of the
Jamboree Road Bridge. This project will require a US Army Corps of Engineers (USACE) Section 404, Letter
of Permission of Clean Water Act and Section 106 (Cultural) approval. Project start date is anticipated for
April 1, 2021 and completion is anticipated September 30, 2022.
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14.13
Coordinate with
Ongoing
United States Fish
and Wildlife Service
Big Canyon Habitat Restoration and Water Quality Improvement Project — Phase 2A, 2B and 2C contains
jurisdictional wetlands and requires permits from the California Coastal Commission, Army Corps of Engineers with
concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and California Department
of Fish and Wildlife. The project will initiate construction in September 2020 and be substantially complete by
summer 2023 (see Program 14.12).
Western Snowy Plover (WSP) Habitat Management Plan — Planning Division staff is in the process of creating a
management plan for the portions of ocean -facing beach designated as critical habitat. Coordination with U.S. Fish
and Wildlife Service has occurred and will continue to occur for the preparation of a revised draft plan.
14.14
Coordinate with
Ongoing
Environmental
Protection Agency
The City coordinates with the U.S. EPA in collaboration with other resource agencies in the protection of terrestrial
(EPA)
and marine resources and sediment disposal sites for future dredging projects on an as -needed basis when projects
are within the U.S. EPA jurisdiction.
14.15
Coordinate with
Ongoing
United States Postal
Service (USPS) (for
The USPS distribution facility was relocated to Santa Ana and Anaheim. The USPS maintains a location in the
the relocation of
Mainer's Mile area offering typical retail mail services.
Mariners' Mile
distribution facility)
14.16
Other Agencies
Ongoing
The City continuously works with the following agencies that are involved in the development of capital improvement
and conservation programs:
• Energy providers, such as Southern California Edison and Southern California Gas Company
• Telecommunications service providers on a case-by-case basis
• Santa Ana Regional Water Quality Control Board
• Metropolitan Water District
• South Coast Air Quality Management District
• Southern California Association of Governments (SCAG)
• California State Parks
• National Marine Fisheries Service
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15.1
Encourage
Ongoing
Annexation of
Banning Ranch Prior
On December 12, 2017, the City Council adopted Ordinance No. 2017-17, which repealed all approvals for the
to Development
Newport Banning Ranch project. The absence of an approved project does not preclude the City from pursuing
annexation of the Banning Ranch property with the Local Agency Formation Commission (LAFCO).
16.1
Improve Arterial
Ongoing
Streets and
Highways According
West Coast Highway (SR -1) and Old Newport Boulevard Intersection Improvements — The project will widen West
to Classification
Coast Highway at Old Newport Boulevard to provide for a third westbound through lane, a right turn lane, and a bike
lane. The project's environmental document (MND) was approved in spring 2018. The City is currently applying for a
Construction Grant with OCTA to proceed with funding for Right -Of -Way acquisition.
West Coast Highway (SR-1)/Superior Avenue Bridge project will install a pedestrian and bicycle bridge over the
north leg of the intersection (Superior Avenue). The project has been awarded grant funding through the OCTA
Bicycle Corridor Improvement Program and is in the design phase.
16.2
Monitor Traffic
Ongoing
Conditions and Plan
for and Fund
1. Traffic Signal Modernization and Rehabilitation Programs (see Program 16.4)
Improvements
2. Installation of additional CCTV Cameras includes field surveillance cameras for integration into the City Traffic
Management to monitor and change the traffic signal system depending on traffic conditions.
16.3
Construct Street and
Ongoing
Highway
Improvements
Staff continues to work with Caltrans regarding the design to widen Coast Highway at Old Newport Boulevard and to
provide for a third westbound through lane, a right turn lane, and bike lane at the intersection. The project's
environmental document (MND) was approved in spring 2018. The City is currently applying for a Construction
Grant with OCTA to proceed with funding for Right -Of -Way acquisition.
The City has teamed up with the Orange County Transportation Authority (OCTA) and Caltrans to update traffic
signal communication, control equipment and coordination along Coast Highway through the Measure M2 grant -
funded Coast Highway Traffic Signal Synchronization Project. Project construction is complete. The Maintenance
and Monitoring phase of the project has begun and will monitor and update traffic signal equipment, timing and
coordination through 2021.
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16.4
Monitor Roadway
Ongoing
Conditions and
Operational Systems
The City continues to monitor and improve traffic flow through proactive maintenance and updates to the City's
modern traffic signal system.
• The City has teamed up with the Orange County Transportation Authority (OCTA) and Caltrans to update
traffic signal communication, control equipment and coordination along Coast Highway through the Measure
M2 grant -funded Coast Highway Traffic Signal Synchronization Project. Project construction is complete.
The Maintenance and Monitoring phase of the project has begun and will monitor and update traffic signal
equipment, timing and coordination through 2021.
• City has deployed devices and is actively monitoring the flow of traffic on the Peninsula, Coast Highway and
in East Newport, allowing for quicker traffic signal outage response and refined traffic signal timing.
16.5
Maintain
Ongoing
Consistency with
Regional
The City monitors the regional Arterial Program, OCTA's Master Plan, and the Countywide traffic model to ensure
Jurisdictions
consistency. Public Works staff coordinates with regional jurisdictions on an as -needed basis. Public Works staff is
(Caltrans and
currently working with the Orange County Council of Government (OCCOG), Technical Advisory Committee (TAC),
Orange County to
and the Southern California Association of Governments (SCAG) in reviewing the Orange County Complete Streets
provide adequate
Initiative Design Manual.
roadway
infrastructure plans
and design
standards such as
the Orange County
Master Plan of
Arterial Highways)
16.6
Local/Neighborhood
Ongoing
Access Roads
Public Works staff works with local neighborhood groups on an as -needed basis when traffic issues arise. The City
maintains standards that ensure safe and efficient access for emergency vehicles. The City has been extensively
working with the Newport Heights neighborhood to improve safety in and around school areas. The City has been
working with the Mariners and Dover Shores neighborhoods regarding possible traffic calming improvements.
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16.7
Traffic Control
Ongoing
The following projects were implemented to improve traffic congestion through conventional and innovative methods
of traffic control.
1. The Annual Traffic Signal Rehabilitation Project rehabilitates the Irvine Avenue/Westcliff Drive -17th Street,
Jamboree Road/University Drive-Eastbluff Drive, University Drive/La Vida-Baypointe Drive, and Newport Center
Drive/Civic Center Drive -Granville Drive traffic signals.
16.8
Provide Public
Ongoing
Transportation
The City continuously looks for opportunities to support the upgrade and enhancement of existing facilities, as well
as encourage the development of additional public transportation services and facilities. The City provides shuttle
bus services for the Oasis Senior Center clients on an as -needed basis. The City also continuously works with the
Orange County Transportation Authority (OCTA) for countywide bus services.
The City continued to operate a shuttle service on the Balboa Peninsula during the summer with OCTA grant
funding. The free trolley service ran from 8 a.m. to 10 p.m. on Saturdays and Sundays through Sunday, September
2, as well as on the July 4, making 22 stops along the peninsula. Funding from OCTA to continue the program is
available for the next six years (until 2023), subject to the City meeting ridership minimums and at the discretion of
the City Council. In its second summer, the shuttles carried over 13,000 riders at an average of 729 per day, far
exceeding the rider -per -day minimum set by OCTA. With room for bicycles, surfboards, and beach gear, the shuttles
offered a fun alternative travel method for residents and visitors alike.
16.9
Manage Truck
Ongoing
Operations
Trucks are required to obtain a Haul Route Permit through the Public Works Department and are required to use
designated haul routes.
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16.10
Improve Parking
Ongoing
Supply and
Management
Parking availability can be challenging especially during the summer when many thousands of people visit coastal
areas. West Newport, Balboa Peninsula, Mariners Mile, and Corona del Mar experience high parking demand.
Parking conflicts can hold back commercial and economic activities. Creating new parking is often expensive.
The City requires new development to provide off-street parking in accordance with the Zoning Code and Local
Coastal Program thereby increasing parking supply.
In 2011, the City prioritized the revitalization of Balboa Village and better parking management was considered a
high priority before increasing the supply. In 2012, the City Council approved the Balboa Village Master Plan that
identified several parking management strategies including the creation of a parking management overlay district,
consideration of parking on a district -wide basis rather than individual property basis, demand -based pricing
strategies, an employee parking program, enhanced wayfinding, and potentially an overnight resident parking
program (RP3) for the neighborhood just west of Balboa Village. In January 2015, the City Council approved all of
the parking strategies. The Balboa RP3 was abandoned due to insufficient resident support. On April 17, 2019, the
City submitted a Local Coastal Program Amendment (LC2017-001) to the California Coastal Commission to add the
Balboa Village Parking Management Overlay District to the certified Local Coastal Program Implementation Plan.
The application is currently under review and a Coastal Commission hearing date is pending. Although the Balboa
RP3 was unsuccessful, using this same strategy for the Finley Tract was examined. Resident support was high and
a Coastal Development Permit (CDP) was issued by the City. The CDP is on appeal with the Coastal Commission.
Expanding parking supply through the development of parking lots or parking structures is very costly. The City has
discussed the creation of additional parking resources in the Lido Village and Balboa Village areas with several area
business and property owners. Discussions are ongoing.
16.11
Maintain Trails
Ongoing
The City continues to maintain existing bike paths and trails that are within the City's jurisdiction. The City continues
to review and expand bicycle facilities during roadway reconstruction projects.
16.12
Marine
Complete
Transportation
The City's Harbor Commission studied the feasibility of a water taxi in the harbor. A fixed route and an on -demand
system were examined. Constraints include providing appropriate accessible locations to pick-up and drop-off
passengers in a safe manner. Due to the size of the harbor, number of vessels, and cost, the fixed route model was
deemed infeasible. The on -demand system was deemed infeasible due to low demand for the service. Either way, a
public significant subsidy was identified and there was no funding source. As a result, further study of a water
transportation service was abandoned.
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17.1
Maintain and
Ongoing
Implement Urban
Historical Droughts followed by tremendous rains that fell in winter 2018-19 created many challenges for water
Water Management
planning and its long-term use. These drought periods followed by wet winter months seem to be the new normal.
Plans and
Therefore, long-term Water Use Efficiency/Conservation Bills (SB 606 (Hertzberg) and AB 1668 (Friedman)) were
Encourage
signed into law by Governor Brown in May 2018. These Bills establish water use objectives, standards and reporting
Conservation
requirements for indoor and outdoor residential water use, commercial, industrial, and institutional (CII) landscape
areas, water losses, and other unique local uses.
Efficient water use is the most cost-effective way to achieve long-term conservation goals, as well provide the water
supply reliability needed to adapt to the longer and more intense droughts climate change is causing in California.
Although it does not impose individual mandates for homeowners or businesses, the mandates will fall on urban
water suppliers — not customers. Specifically, the bills call for creation of new urban efficiency standards for indoor
use, outdoor use, and water lost to leaks, as well as any appropriate variances for unique local conditions. The State
Water Board will adopt these standards by regulation no later than June 30, 2022.
Beginning November 2023, each urban retail water agency will calculate its own objective, annually. This calculation
is based upon the water need in its service area for efficient indoor residential water use, outdoor residential water
use, commercial, industrial and institutional (CII) irrigation with dedicated meters. The calculation will include
reasonable amounts of system water loss, along with consideration of other unique local uses (i.e., variances) and
"bonus incentive," or credit, for potable water reuse, using the standards adopted by the Board.
In order to achieve water use standards and respond to future droughts, the City is in the process of revising its
current water conservation program and policies. This will include an allocation -based method of conservation. This
strategy is in an effort to create an equitable efficient use of water. Below is a sample of the methodology.
Residential water allocations are calculated using:
• Number of residents in each home;
• Landscaped irrigable area (where applicable); and,
• Real-time localized weather data.
The allocation will vary month-to-month based on weather and number of billing days in each cycle.
Commercial water use estimated allocations are calculated on a three-year running average.
The Urban Water Management Plan is updated every five years, with the next update due in 2021. The Plan will
include (but not be limited to):
• Distribution loss standards;
• Social and economic factors that drive planning;
• Identification and quantification of existing and planned sources of water over the next five years; and
• Water supply assessment for normal water year; single dry year; and five-year drought.
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Historical weather patterns have been trending towards great fluctuations in California climate. Due to the
unpredictability in this climate, greater emphasis on water efficiency is the new normal. The City is taking the
opportunity to refine and build upon the lessons learned from the last drought.
For more information, visit:
https://www.waterboards.ca.gov/publications forms/publications/factsheets/docs/water efficiency bill factsheet.pdf
18.1
Maintain and
Ongoing
Implement Sewer
Master Plan
The Public Works Department continues to implement the adopted Sewer Master Plan with projects throughout the
City.
A vigorous sanitary system overflow (SSO) prevention plan, which includes good investments in our Wastewater
Master Plan, use of closed circuit television (CCTV) program to monitor the system, and an aggressive lift -station
cleaning program continues.
19.1
Maintain Storm
Ongoing
Drainage Facilities
1. Storm drain facility improvements estimated at $6M. Projects include:
• The Arches Diversion Project — Construction will commence Spring 2020
• Big Canyon Project Phase 2A and 2B— Construction will commence Fall 2020
• Newport Dunes Diversion Upgrade Project — Design will commence Spring 2020
• Installed 450 Connector Pipe Screens — Completed Fall 2019
2. Street sweeping program consisted of 36,895 curb miles swept, removing 4,578 tons (dry) of debris.
3. The City's 86 tidal valves are operated/maintained on a regular basis.
4. Two and a half miles of channel and 3,334 catch basins were cleaned, yielding 142 tons of debris. A total of
435 Inlet Guards were re -installed after the winter season to assist in keeping trash/debris from entering the
storm drain system/bay/ocean.
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PROGRAMS
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20.1
Design, Fund, and
Ongoing
Construct
Streetscape
Lido Village:
Improvements
In September 2014, the City Council approved the Lido House Hotel project, which includes landscape
improvements and enhanced pedestrian areas along Newport Boulevard and 32nd Street fronting the former
City Hall site. The project also includes a minor realignment of 32nd Street and changes to existing street
parking spaces between Newport Boulevard and Lafayette Avenue. Construction began in December 2017
with completion in 2018.
■ Lido Marina Village has ongoing tenant improvements with the repair of Via Oporto.
■ Paved 32nd Street, created diagonal parking and installed landscaping completed in 2019
Balboa Village:
■ In October 2014, the City Council approved a conceptual streetscape improvement plan for Balboa Village
that included updated landscaping, street furniture, lighting and wayfinding signage. Funding for the
streetscape improvement plan and the wayfinding sign program was approved in the 2016 Capital
Improvement Program.
■ In June 2016, the City was awarded a grant from OCTA to operate a trolley service that would travel from
Coast Highway to Balboa Village during the summer weekends. In May 2019, the trolley service was in
operation.
■ In 2019, several streetscape improvements were installed including refreshed landscaping, new decorative
pots, new trashcans, and new bike racks.
20.1
Design, Fund, and
Ongoing
Construct
Streetscape
West Newport Revitalization:
Improvements
■ The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the preparation of a
(continued)
preliminary design of a Capital Improvement Project for beautification of West Coast Highway from the Santa
Ana River to the Arches Bridge and of Balboa Boulevard from West Coast Highway to McFadden Square.
■ The NRC established the West Newport Citizen Advisory Panel (CAP) to guide the effort. The CAP identified
keystones to the project that included the alteration of existing medians, incorporation of sustainable
elements, and the addition of lush plantings to soften the look and improve the aesthetics of the area. They
also expanded the area of focus to include Superior Avenue, north of Coast Highway.
■ The CAP forwarded a concept layout which included landscaping with varying heights (groundcover, shrubs,
and canopy trees), while minimizing hardscape.
■ Balboa Boulevard between West Coast Highway and McFadden Square has been landscaped with water -
friendly plants and a water -efficient irrigation system. Various architectural features have been added near
the 26th Street parking lot and entry by West Coast Highway to further beautify and enhance this area of
West Newport Beach.
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PROGRAMS
STATUS
■ The next segment of this project will take place on West Coast Highway from the Santa Ana River to Newport
Boulevard. About half of the project was completed from Santa Ana River to about 62nd Street in fall 2018.
The second and third phases from 6211 Street to Newport Boulevard will commence in 2020.
20.2
Design, Fund, and
On Hold
Construct Waterfront
Promenade
A plan was created in 2005 for a walkway from Mariners' Mile to Lido Village along Newport Harbor; however, the
plan is on hold due to lack of funding.
20.3
Fund and Construct
Ongoing
Public View Sites
Lower Sunset View Park Extension — The conceptual design for the Lower Sunset View Park Extension (Superior
Avenue Pedestrian/Bicycle Bridge) project was approved by City Council on November 19, 2019. The environmental
documents, both CEQA and NEPA, were adopted in November 2019 and January 2020, respectively. Final
construction documents are currently being developed. A Coastal Development Permit will also be required. Staff
will continue to pursue grant funding for the second pedestrian/bicycle bridge across West Coast Highway.
21.1
Review and Update
Ongoing
Harbor and
Tidelands
The Tidelands Capital Plan (TCP) was originally implemented in 2012. The TCP is now called the Harbor Capital
Improvement Plans
Project Planning Tool and is a living document that is updated and refined by staff throughout the year.
21.2
Develop Harbor Area
Complete
Management Plan
(HAMP)
In November 2010, the City Council approved the HAMP.
21.3
Events Management
Ongoing
and Programs
Chamber of Commerce, Harbor Resources, and Orange County Harbor Patrol continuously work together to plan
and implement special events that take place in the Harbor such as the annual Christmas Boat Parade. For the ninth
year, City staff teamed up with the Orange County Water District to provide education on how to protect our coast
and waterways from trash at the 22nd Annual Children's Water Education Festival on March 27 and 28, 2019, at the
University of California, Irvine.
21.4
Harbor Operations
Ongoing
and Management
A joint City/County study that evaluates the costs and efficiency of current services provided by the City and County
in Newport Harbor and opportunities to realign these to reduce costs has not been conducted to date and may be
prioritized in the future based on needs and funding.
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PROGRAMS
STATUS
In 2019, the City created and funded a new department focused on Newport Harbor. The Harbor Department is
responsible for many of the harbor -related programs and services provided by the City. The team are
"ambassadors" of the harbor and they conduct daily harbor patrols and provide assistance and services to our
community and visitors. The team is entrusted with educating the community and coordinating the use of the
anchorages and mooring fields. The Harbor Department also manages the City's guest marina, Marina Park, renting
available slip space and moorings.
22.1
Maintain and
Ongoing
Enhance Police and
Fire Facilities
Newport Beach Police and Fire Departments annually maintain and periodically update facilities and personnel to
provide a high-level of service. This process is implemented through the City's budget process. Additionally,
response times are monitored and changes are proposed through the budget process. A remodel of the Police
Station at 870 Santa Barbara Drive was completed in 2018. The new Corona del Mar Fire Station No. 5 and Library
were in the construction phase in 2018 and completed in 2019.
23.1
Maintain and Update
Ongoing
Parks and
Recreation Facility
The Recreation and Senior Services Department reviews the status of the park system on an ongoing basis and
Plans
improvements are recommended in the City's annual Capital Improvement Plan.
23.2
Maintain and
Ongoing
Improve Parks and
Recreation Facilities
In 2019, the following accomplishments were achieved:
1. Ongoing maintenance of existing facilities;
2. Renovation of Grant Howald Park- Construction Documents completed to 90%;
3. Lower Sunset View Park Extension- Public outreach conducted, conceptual plans refined;
4. Newport Island Park- Construction Documents competed and project out to bid;
5. Mariners tennis, basketball and handball courts resurfaced;
6. Upgrades of surfacing and/or play equipment at Eastbluff, Channel Place and Coastal Peak Parks;
7. Conceptual development begun for Newport Beach Junior Lifeguard and Community Center building; and
8. Completion of construction of a 1 -acre Uptown Newport Public Park.
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PROGRAMS
STATUS
23.3
Assess Recreation
Ongoing
Needs
The Recreation and Senior Services Department continuously analyzes enrollment numbers in existing recreation
programs and periodically initiates community surveys to assess the current needs of the community.
23.4
Maintain Recreation
Ongoing
Programs for
Newport Beach's
The Recreation and Senior Services Department provides recreation programs citywide. The Newport Navigator is a
Residents
recreation guide for all recreation programs and services provided by the City. The Newport Navigator is produced
quarterly in addition to a summer issue. The Parks, Beaches, and Recreation Commission (PB&R) acts in an
advisory capacity to City Council for all matters pertaining to parks, beaches, recreation, parkways, and street trees.
The following are Commission highlights from 2019:
1. Special Needs programming and events implemented for the community
2. Fostering interest in Nature Presentation and first year of programming implemented
3. Lawn Bowling Presentation
4. Boys & Girls Club Presentation
5. Grant Howald Rehabilitation Project Review
6. Trees 101 Presentation
7. 13 Tree Reforestations Requested
8. One Tree Donation
9. Certificate presentation to outgoing PB&R Commissioner Roy Englebrecht
10. Certificate presentation and tree donated to retiring PB&R Secretary Teri Craig
11. Welcomed New Commissioner — Kate Malouf
12. Lower Sunset View Park Conceptual Design Presentation
13. City Council Policy G-1- Presentation Regarding Tree Removal Noticing Procedures
14. Newport Mesa Requests Soccer Lights
15. Newport Theater Arts Center Presentation
16. Friends of OASIS Presentation
17. Elections — David Granoff, Chair/ Heather Ignatin, Vice Chair.
18. Ad Hoc Committee Appointments — Big Canyon, Walt Howald, Hassan Archer & Diane Daruty; Community
Service Award, Hassan Archer; Youth Sports Commission, Kate Malouf; Tree Noticing, Hassan Archer, Walt
Howald & Heather Ignatin; Community Pool, Diane Daruty, David Granoff & Laird Hayes
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PROGRAMS
STATUS
23.5
Requirements for
Ongoing
Residential
Developers
Park fees are assessed for all new residential subdivisions pursuant to the Subdivision Map Act and the City's
Subdivision Code.
24.1
Adopt and
Ongoing
Implement Strategic
Plan for Fiscal and
In June 2009, the City Council updated its Strategic Plan for Fiscal and Economic Stability through the Economic
Economic
Development Committee (EDC). The Strategic Plan is designed to serve as a work program for the City Council,
Sustainability
City staff, and the EDC to promote and sustain fiscal and economic vitality in Newport Beach. It is intended, in part,
as a companion document for the General Plan (adopted in 2006), to assist the City in implementing portions of the
General Plan that affect economic development in the City. The Strategic Plan includes goals and objectives to
enhance the business climate in the community and focuses on a shorter time frame (three to five years) than does
the General Plan, since economic conditions and priorities can change more rapidly than do planning goals related
to community character and land use patterns. The Strategic Plan calls for regular reviews of progress and re-
assessments of priorities.
25.1
Implement Housing
Ongoing
Element Programs
The City implements Housing Element Programs through the review of proposed residential projects. Programs are
reviewed in the Housing Element Progress Report, which is provided as a part of the Annual General Plan Progress
Report.
26.1
Enforce Codes and
Ongoing
Ordinances
The City enforces all Municipal Code Sections including but not limited to health and safety, and zoning to
implement the General Plan primarily on a complaint -driven basis. Code Enforcement and Planning staff partnered
with the Balboa Village Merchants Association to identify substandard buildings and work with the property owners
to participate in the City's Fagade Improvement Program. The Program provides grant monies to eligible property
and/or business owners to make improvements to the fagade of their buildings.
27.1
Seismic Compliance
Ongoing
The City continuously implements the Municipal Code and the California Building Code through the Building
Division, which requires seismic retrofitting and strengthening to minimize damage in the event of a seismic geologic
hazard.
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PROGRAMS
STATUS
28.1
Maintain Hazards
Ongoing
Data Base
The Police Department maintains a crime statistics database to keep track of the type and occurrence of criminal
activities. The Fire Department relies on the Disaster Preparedness Division under the City's Emergency
Management Program (see Program 28.2 and 29.1) for the planning of facilities, personnel assignments, and
emergency response programs as related to natural hazards. Additionally, the City maintains hazard information in
its Geographic Information System (GIS).
28.2
Maintain Emergency
Ongoing
Preparedness,
Response, and
On July 4, 2019, the Police Department Operations Center (DOC) was activated to support the field operations and
Recovery Programs
interdepartmental coordination. Several briefings were held to ensure all departments were sharing intelligence and
coordinating.
On October 17, 2019, Orange County's Regional Emergency Notification System, AlertOC, was tested with the help
of 25 jurisdictions (24 cities and the County unincorporated areas) including Newport Beach, in conjunction with
National Preparedness Month. The primary objective of the regional exercise was to test Alert OC's capability,
capacity and effectiveness to deliver emergency notifications to the public during a major disaster, and to encourage
residents to register their cell phone numbers. Approximately 33,000 (mostly landline) phone numbers were called
during the test. The City's public hotline received over 400 calls from residents. The hotline was staffed with
representatives from the Police Department.
On November 6, 2019, a citywide Department Operations Center drill was conducted. The drill scenario was a major
power outage and it included the Community Development, Fire, Public Works and Utilities DOCs. DOC staff was
challenged with tracking and deploying resources and field staff.
In the fall of 2019, over 150 City staff members who comprise the Emergency Operations Center (EOC) were trained
in all EOC sections, which includes: Finance, Logistics, Management, Operations and Planning.
The City's Emergency Preparedness Committee (EPC) is comprised of representatives from each department and
meets monthly. The EPC works collaboratively to plan, train, and address all city emergency management threats.
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PROGRAMS
STATUS
29.1
Educate the
Ongoing
Community
1. The City continuously educates the community through its various City departments on services, programs, and
key issues including land use zoning and development processes; development fees; code compliance; property
and building maintenance and improvement techniques; financial assistance and affordable housing programs,
public transportation; ride -sharing, energy conservation methods, waste reduction and recycling programs;
hazards and emergency/disaster preparedness, evacuation, and response protocols and procedures; natural
resources and their value; educational and cultural events and venues; parks and recreation, health and safety,
and seniors and youth programs; and access to government services and elected officials. Significant events in
2019 include:
• Emergency Siren System Test (1/4/19)
• Flood Maps and Insurance Community Meeting (03/14/19)
• Harbor Commission Visioning Forum (03/18/19)
• Earthquake and Tsunami Awareness Workshop (3/28/19)
• John Wayne Airport Town Hall (04/06/19)
• VE Zone Development Impact Community Meeting (04/08/19)
• Proposed Code Changes to Address Residential Street Parking Impacted by Construction Meeting
(04/18/19)
• Police Department Open House (4/19/19)
• Western Snowy Plover Community Meeting (05/20/19)
• Peninsula Point Ocean Front Encroachments Community Meeting (08/15/19)
• Residential Design Standards Community Meeting (08/19/19)
• Green on the Green and Disaster Preparedness Expo (9/7/19)
• Fire Service Day Open House (10/6/19)
• Homeless 101 (10/23/19)
• General Plan Listen and Learn Workshops
• November 12, 6 - 8 p.m. at 16th Street Recreation Center — District 2
• November 14, 6 - 8 p.m. Back Bay Science Center — District 3
• November 20, 6 - 8 p.m. Newport Coast Community Center — District 7
• November 21, 6 - 8 p.m. OASIS Senior Center— District 6
• December 3, 6 - 8 p.m. Central Library's Friend Meeting Room — District 5
• December 11, 6 - 8 p.m. Bonita Creek Community Center - District 4
• December 12, 6 - 8 p.m. Marina Park Community Center — District 1
2. The City's webpage was revamped to include easily accessible, up-to-date information on all of the
aforementioned services, programs, key issues and current projects. The new webpa a includes a "Newsplash"
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PROGRAMS
STATUS
tool. This tool gives the community the ability to sign up to receive automated emails regarding news or updated
information related to certain topics including all of the aforementioned.
3. The Disaster Preparedness Division implemented several community outreach programs as they relate to
emergency and disaster preparedness including AlertOC, which is a mass notification calling system for staff,
residents, and businesses, The Community Emergency Response Team (CERT) program to certify residents as
Disaster Service Workers, School Emergency Response Team (SERT) training sessions in public schools and
private schools, and Business Emergency Response Team training sessions.
29.2
Support of the Arts,
Ongoing
Culture, and Historic
Resources
The City Arts Commission acts in an advisory capacity to the City Council in all matters pertaining to artistic,
aesthetic, and cultural aspects of the City. The City Arts Commission also recommends to the City Council the
adoption of such ordinances, rules and regulations as it may deem necessary for the administration and
preservation of fine arts, performing arts, historical, aesthetic, and cultural aspects of the community. The following
is an update on implementation in 2019:
1. Concerts on the Green — Four concerts were held during the summer. Concerts included The Side Deal; Smith;
Queen Nation; and Flashback Heart Attack. One concert on the Balboa Peninsula was held at Marina Park
featuring The Neil Diamond Tribute with Jason Lohrke
2. Exhibits in the Central Library — The City maintains exhibit space at the Central Library. The City Arts
Commission's Fine Arts Committee meets periodically to review artist's submissions for exhibition. Upon
acceptance, exhibiting artists must agree to the conditions and requirements in the City Policy 1-11.
3. Newport Beach Art Exhibition — On June 15, 2019, the Arts Commission hosted the 55th Annual Exhibition and
cash prizes were awarded to artists within a number of categories. A portion of the proceeds from the art sale
funds Newport Beach community arts programs.
4. Newport Beach Arts Foundation — On September 28, 2019, the Newport Beach Arts Foundation presented the
16th Annual Art in the Park on the Civic Green with over 175 artists and craftspeople exhibiting and selling their
arts and fine crafts.
5. Grants Awarded — In November 2019, the City Council awarded Cultural Arts Grants to the following: Balboa
Island Improvement Association, Baroque Music Festival, Chuck Jones Center for Creativity, Kontrapunktus,
Laguna Playhouse, Newport Elementary School Foundation, Philharmonic Society of Orange County, and the
Pacific Symphony.
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PROGRAMS
STATUS
29.3
Support Community
Ongoing
Environmental and
Recreation Initiatives
The City supports any private groups' efforts to acquire property to improve access to the anticipated development
of the Orange Coast River Park. The City has also supported the Banning Ranch Conservancy's efforts to acquire
the Banning Ranch property to preserve it as open space; however, no agreement to acquire the site was
forthcoming. In July 2012, the City approved the Newport Banning Ranch Planned Community Development Plan for
development of the 401 -acre site with 1,375 residential dwelling units, a 75 -room resort inn and ancillary resort uses,
and 75,000 square feet of commercial uses. On September 7, 2016, the California Coastal Commission denied a
coastal development permit for the project. On December 12, 2017, the City Council adopted Ordinance No. 2017-
17, which repealed all approvals for the Newport Banning Ranch project. The absence of an approved project does
not preclude the City from pursuing annexation of the Banning Ranch property with the Local Agency Formation
Commission (LAFCO).
30.1
Maintain Annual
Ongoing
Budgets for City
Services and
Annual budgets are maintained and reviewed by the City Council annually. A Capital Improvement Plan (CIP) is
Improvements
included in the annual budget approved by City Council each year. In June 2019, the City Council approved the
budget and CIP for the Fiscal Year 2019-20.
30.2
Administer Impact
Ongoing
and User Fees
(Development
1. Development impact fees including fair share traffic fees are assessed for each development project. The
Impact Fees, Park
completion of updating the Fair Share Traffic Fee has been put on hold (see Program 7.2).
Dedication and In -
Lieu Fees, and
2. Park dedication fees are assessed on a project -by -project basis pursuant to the Subdivision Code. The Park
Tideland Revenue
dedication fee which was updated in 2007, is required to keep current with property appreciation, and said fair
Fees)
market value per acre shall be reviewed and adjusted, if necessary, at least every three years.
3. Piers:
• Residential Piers: Rates are reviewed and adjusted annually by Consumer Price Index (CPI).
• Commercial Piers: Commercial rates are fully phased in and will be adjusted annually by CPI.
4. Moorings:
• Rates — Annual mooring rates are updated to be based on the CPI. Rates will be assessed in January of
each year.
• Regulations - On January 22, 2019, City Council updated rates for mooring sub -permittees, along with
updating other fees associated with the Harbor Department.
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PROGRAMS
STATUS
31.1
Consider the
Ongoing
Establishment of
Community Facilities
As an alternative to building a new community center, the City has leased programming space on 16th Street in
and Special
Newport Beach and is providing a variety of recreational and fitness classes for the community. It offers a dynamic
Assessment
program schedule with classes for all age groups and features a gymnastics center, dance, and fitness studio with
Districts
professional -grade sprung floor, classroom space for enrichment programs and a participant lobby. City staff has
been evaluating the potential need to establish a Community Facilities District for the Airport Area to potentially
support additional public safety equipment and personnel.
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APPENDIX B.
Government Code Section 65400 requires that each city, including charter cities, prepare an annual progress report (APR)
on the status of the Housing Element of its General Plan. The State Department of Housing and Community Development
provides mandatory forms (Excel spreadsheets) and definitions to meet State law reporting requirements. The forms include
six large tables (Tables A through F). The complete Table D is provided below but the forms are too large to copy for this
report and are available online at the following link: www.newportbeachca.gov/APR.
TABLE D - 2019 HOUSING ELEMENT PROGRAM IMPLEMENTATION STATUS PURSUANT TO
GOVERNMENT CODE SECTION 65583
PROGRAM
STATUS
1.1.1
Improve housing quality and prevent
Ongoing
deterioration of existing neighborhoods by
strictly enforcing building code regulations
The building inspectors and code enforcement officers continually enforce
and abating code violations and
code regulations, abatement violations, and nuisances. A quarterly report
nuisances.
on code enforcement activities is available and kept on file at the City. The
City Council awarded funding for the Senior Home Assistance Repair
Program. (See Program 1.1.2 for details.)
1.1.2
Investigate the use of federal funds and
Ongoing
local funds, including Community
Development Block Grants (CDBG) and
On April 29, 2015, the City published Request For Proposal (RFP) No. 15 -
the Affordable Housing Fund, to provide
55 for use of the City's Affordable Housing Fund toward affordable housing
technical and/or financial assistance, if
development or programming. Three projects received approval of the
necessary, to existing lower- and
funding from City Council on November 24, 2015. The Seaview Lutheran
moderate -income, owner -occupants of
Project and The Cove Veterans Housing were completed in 2018. The
residential properties through low-interest
following provides an update on the third project which is ongoing:
loans or emergency grants to rehabilitate
and encourage the preservation of existing
Senior Home Assistance Repair Program - An agreement with Habitat for
housing stock.
Humanity Orange County (Habitat OC) granted up to $600,000 for critical
home repair for low-income seniors. In 2019, we worked on two projects
and expended a total of $30,682. Projects included home weatherization,
roof repair and accessibility modifications. The total we have used in the
program to date is $243,466 for a total of 11 projects.
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PROGRAM
STATUS
1.1.3
Require replacement of housing
Ongoing
demolished within the Coastal Zone when
housing is or has been occupied by very
On October 29, 2019, the Community Development Director determined
low—,low-,and moderate -income
that Newport Beach Municipal Code (NBMC) Chapters 20.34 and 21.34
households within the preceding 12
(Conversion of Demolition of Affordable Housing) are no longer required.
months. The City shall prohibit demolition
These chapters of the NBMC implement the Mello Act (Government Code
unless a determination of consistency with
Sections 65590 - 65590.1 Low- and Moderate -Income Housing Within the
Government Code Section 65590 has
Coastal Zone). The regulations require the replacement of housing units
been made. The specific provisions
lost within the coastal zone that are occupied by low- and moderate -income
implementing replacement unit
households under certain circumstances when feasible. Both the NBMC
requirements are contained in Chapter
and the Mello Act provide when there is less than 50 acres in aggregate, of
20.34 of the Municipal Code.
privately owned, vacant land available for residential use within the City's
coastal zone, and 3 miles therefrom, the replacement requirement is not
required.
The Planning Division completed a land use inventory to determine if 50
aggregate acres of privately owned, vacant land is available for residential
use within the City's coastal zone and within 3 miles inland of the coastal
zone. The inventory conducted in October 2019, found less than 50
qualifying acres.
1.1.4
The City will continue to implement the
Ongoing
Residential Building Records (RBR)
program to reduce and prevent violations
This City report allows the City to verify that its residential buildings meet
of building and zoning ordinances by
zoning and building code requirements, life safety requirements as set forth
providing a report to the all parties
by the City's Municipal Code, and fulfill the State's requirement that all
involved in a transaction of sale of
homes have both smoke detectors and seismic strapping of water heaters
residential properties, and providing an
(California Health and Safety Code, Section 19211). In 2019, there were
opportunity to inspect properties to identify
1,405 RBRs processed.
potentially hazardous conditions,
resources permitting. The report provides
information as to permitted and illegal
uses/construction, and verification that
buildings meet zoning and building
requirements, including life safety
requirements.
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PROGRAM
STATUS
2.1.1
Maintain rental opportunities by restricting
Ongoing
conversions of rental units to
condominiums in a development
A vacancy rate survey is completed upon receiving an application for the
containing 15 or more units unless the
conversion of 15 or more rental units to condominiums. No projects of 15 or
vacancy rate in Newport Beach for rental
more units were submitted in 2019.
housing is an average of 5 percent or
higher for four (4) consecutive quarters,
and unless the property owner complies
with condominium conversion regulations
contained in Chapter 19.64 of the Newport
Beach Municipal Code.
2.1.2
Take all feasible actions, through use of
Ongoing
development agreements, expedited
development review, and expedited
Pending applications that include affordable housing will be expedited.
processing of grading, building and other
development permits, to ensure expedient
construction and occupancy for projects
approved with lower- and moderate -
income housing requirements.
2.1.3
Participate with the County of Orange in
Ongoing
the issuance of tax-exempt mortgage
revenue bonds to facilitate and assist in
The issuance of tax-exempt mortgage revenue bonds is project driven, and
financing, development and construction
the developer typically applies for the bonds. No applications were received.
of housing affordable to low and
moderate -income households.
2.1.4
Conduct an annual compliance -monitoring
Ongoing
program for units required to be occupied
by very low-, low-, and moderate -income
Annual compliance monitoring has been conducted for 2019 and the report
households.
for the City's income- and rent -restricted units by LDM Associates
(consultant) found all units in compliance.
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PROGRAM
STATUS
2.1.5
Provide entitlement assistance, expedited
Ongoing
entitlement processing, and waive
application processing fees for
No eligible projects were processed in 2019.
developments in which 5 percent of units
are affordable to extremely low-income
households. To be eligible for a fee waiver,
the units shall be subject to an affordability
covenant for a minimum duration of 30
years. The affordable units provided shall
be granted a waiver of park in -lieu fees (if
applicable) and traffic fairshare fees.
2.1.6
Affordable housing developments
Ongoing
providing units affordable to extremely
low-income households shall be given the
See status of Program 1.1.2.
highest priority for use of Affordable
Housing Fund monies.
2.2.1
Maintain a brochure of incentives offered
Ongoing
by the City for the development of
affordable housing including fee waivers,
A brochure is maintained and provided on the City website and in the public
expedited processing, density bonuses,
lobby.
and other incentives. Provide a copy of
this brochure at the Planning Counter, the
website and also provide a copy to
potential developers.
2.2.2
The City shall provide more assistance for
Ongoing
projects that provide a higher number of
affordable units or a greater level of
This program was considered in evaluating the proposals for the RFP and
affordability. At least 15 percent of units
choosing the projects described in Program 1.1.2.
shall be affordable when assistance is
provided from Community Development
Block Grant (CDBG) funds or the City's
Affordable Housing Fund.
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PROGRAM
STATUS
2.2.3
For new developments proposed in the
Ongoing
Coastal Zone areas of the City, the City
shall follow Government Code Section
See status of Program 1.1.3.
65590 and Title 20.
2.2.4
All required affordable units shall have
Ongoing
restrictions to maintain their affordability
for a minimum of 30 years.
Staff continues to include this affordability restriction as a standard condition
on all affordable housing projects, unless an otherwise longer affordability
covenant is agreed upon. On February 21, 2019, the 350 -unit Newport
Crossings Mixed -Use Project was approved, which includes 78 units
affordable to low-income households. Fifty-two units were restricted for a
term of 55 years in compliance with density bonus law and the remaining
26 non -density bonus units were restricted for a term of 30 years.
2.2.5
Advise and educate existing landowners
Ongoing
and prospective developers of affordable
housing development opportunities
A brochure has been created and distributed that outlines development
available within the Banning Ranch,
incentives and entitlement assistance available in the City. The brochure
Airport Area, Newport Mesa, Newport
is maintained at the public counter in Bay C at the Civic Center and on the
Center, Mariners' Mile, West Newport
City website.
Highway, and Balboa Peninsula areas.
2.2.6
Participate in other programs that assist
Ongoing
production of housing.
City staff attends Orange County Housing Authority (OCHA) Cities Advisory
Committee meetings to keep up-to-date with programs that assist in the
production of housing.
2.2.7
New developments that provide housing
Ongoing
for lower-income households that help
meet regional needs shall have priority for
In 2017, the Newport Crossings Mixed -Use project, a 350 -dwelling unit
the provision of available and future
mixed-use development, was submitted within the Airport Area under the
resources or services, including water and
Residential Overlay of the Newport Place Planned Community. The
sewer supply and services.
proposed project includes 78 dwelling units affordable to low-income
households. The Environmental Impact Report (EIR) was certified and the
project was approved by the Planning Commission on February 21,
2019. The EIR concluded that adequate water and sewer capacity exist to
support the development.
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PROGRAM
STATUS
2.2.8
Implement Chapter 20.32 (Density Bonus)
Ongoing
of the Zoning Code and educate interested
developers about the benefits of density
Implemented as projects are submitted. Density bonus information and
bonuses and related incentives for the
incentives are included in an informational brochure available to the public.
development of housing that is affordable
to very low-, low-, and moderate -income
In 2017, the Newport Crossings Mixed -Use project, a 350 -dwelling unit
households and senior citizens.
mixed-use development, was submitted within the Airport Area under the
Residential Overlay of the Newport Place Planned Community. In
exchange for providing 78 units affordable to low-income households, the
developer has requested a density bonus of 91 units (35% bonus), an
incentive to allow for flexibility with unit mix, and a development waiver of
building height. The Environmental Impact Report (EIR) was certified and
the project was approved by the Planning Commission on February 21,
2019.
In December 2019, an application was submitted for a new mixed-use
development located at 2510 West Coast Highway that includes the
development of 36 dwelling units, three of which would be restricted for
very low-income households. In exchange for providing the very low-
income units, the developer has requested a density bonus of nine units
(35% bonus) and development waiver of building height. The project is
anticipated to be reviewed by the Planning Commission in 2020.
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PROGRAM
STATUS
2.3.1
Study housing impacts of proposed major
Ongoing
commercial/industrial projects during the
development review process. Prior to
In conjunction with the environmental review required under the California
project approval, a housing impact
Environmental Quality Act (CEQA), potential impacts to population,
assessment shall be developed by the City
housing, and employment is reviewed and analyzed. Recent development
with the active involvement of the
trends have consisted of redevelopment of commercial and industrial sites
developer. Such assessment shall
for residential development or mixed-use, which has created new housing
indicate the magnitude of jobs to be
opportunities in the City. No major commercial/industrial projects were
created by the project, where housing
submitted in 2019.
opportunities are expected to be available,
and what measures (public and private)
are requisite, if any, to ensure an adequate
supply of housing for the projected labor
force of the project and for any restrictions
on development due to the "Charter
Section 423" initiative.
3.1.1
Provide a streamlined "fast-track"
Ongoing
development review process for proposed
affordable housing developments.
The City will prioritize the development review process for all affordable
housing projects.
3.1.2
When a residential developer agrees to
Ongoing
construct housing for persons and families
of very low, low, and moderate income
The City considers density bonuses and other incentives on a project -by -
above mandated requirements, the City
project basis. Chapter 20.32 (Density Bonus) is included in the Zoning Code
shall either (1) grant a density bonus as
and is implemented as projects are submitted.
required by state law, or (2) provide other
incentives of equivalent financial value.
As mentioned in Program 2.2.8, the approved Newport Crossings Mixed -
Use project includes 78 units affordable to low-income households, and the
developer has requested a density bonus of 91 units (35% bonus), an
incentive to allow for flexibility with unit mix, and a development waiver of
building height.
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PROGRAM
STATUS
3.1.3
Develop a pre -approved list of incentives
Ongoing
and qualifications for such incentives to
promote the development of affordable
Waivers and incentives are considered by the Planning Commission and
housing. Such incentives include the
City Council on a project -by -project basis. Staff received information from
waiver of application and development
the Department of Housing and Community Development (HCD) on
fees or modification to development
examples of pre -approved incentive programs from the City of Los Angeles
standards (e.g., setbacks, lot coverage,
and the City of Anaheim. Staff will continue research with HCD to develop
etc.).
pre -approved incentives.
As mentioned in Program 2.2.8, the Newport Crossings Mixed -Use project
includes 78 units affordable to low-income households, and the developer
has requested a density bonus of 91 units (35%), an incentive to allow for
flexibility with unit mix, and a development waiver of building height.
3.2.1
When requested by property owners, the
Ongoing
City shall approve rezoning of developed
or vacant property from nonresidential to
The City continually monitors requests for zone changes of vacant and
residential uses when appropriate. These
developed properties from nonresidential to residential and approves when
rezoned properties shall be added to the
determined to be compatible and feasible. When approved, these sites are
list of sites for residential development.
mapped for residential uses on both the Zoning District Map and General
Plan Land Use Map.
In 2019, the Newport Airport Village Project was actively under review.
The request consists of rezoning nonresidential property to mixed-use
land uses, including up to 329 residential units plus an allowance for
density bonus units.
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PROGRAM
STATUS
3.2.2
Recognizing that General Plan Policy
Ongoing
LU6.15.6 may result in a potential
constraint to the development of
The Residential Overlay of the Newport Place Planned Community
affordable housing in the Airport Area, the
implements this program by providing an exception to the 10 -acre site
City shall maintain an exception to the
requirement for residential development projects in the Airport Area that
minimum 10 -acre site requirement for
include a minimum of 30 percent of the units affordable to lower income
projects that include a minimum of 30
households.
percent of the units affordable to lower-
income households. It is recognized that
In 2019, the Newport Crossings Mixed -Use project, a 350 dwelling unit
allowing a smaller scale development
mixed-use development was approved within the Airport Area under the
within an established commercial and
Residential Overlay. In exchange for providing 78 units affordable to low -
industrial area may result in land use
income households, the project is eligible for the 10 -acre site requirement,
compatibility problems and result in a
a 91 -unit density bonus, and development incentives and waivers. The
residential development that does not
application included a Site Development Review to ensure that the sufficient
provide sufficient amenities (i.e. parks)
amenities and neighborhood integration improvements are provided. The
and/or necessary improvements (i.e.
project provides extensive on-site recreational amenities, including
pedestrian walkways). Therefore, it is
separate pool, entertainment, and lounge courtyards with eating, seating,
imperative that the exception includes
and barbeque space; a rooftop terrace; a fifth -level view deck; a club room
provisions for adequate amenities, design
for entertainment and gatherings; and a fitness facility. In addition, a 0.5 -
considerations for the future integration
acre public park is proposed to be constructed and dedicated to the City,
into a larger residential village, and a
and a public plaza is located in front of the retail shops facing the main
requirement to ensure collaboration with
corner of the project at Corinthian Way and Martingale Way.
future developers in the area.
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10
PROGRAM
STATUS
3.2.3
The City will encourage and facilitate
Ongoing
residential and mixed-use development on
vacant and underdeveloped sites listed in
Appendix H3 is the Sites Analysis and Inventory which identifies sites that
Appendix H3 by providing technical
can be developed for housing within the planning period and that are
assistance to interested developers with
sufficient to provide for the City's share of the regional housing need
site identification and entitlement
allocation to provide realistic opportunities for the provision of housing to all
processing. The City will support
income segments within the community. Appendix H3 can be found in the
developers funding applications from
Housing Element available at the Planning Division or online at
other agencies and programs. The City will
htti)://www.newportbeachca.gov/index.aspx?page=2087
post the Sites Analysis and Inventory on
the City's webpage and marketing
The City has completed the following:
materials for residential and mixed-use
opportunity sites, and will equally
1. A user-friendly Sites Analysis and Inventory is on the City's website.
encourage and market the sites for both
2. A brochure is available on the website and in the public lobby that
for -sale development and rental
promotes the incentives and opportunities for affordable housing
development. To encourage the
projects, which includes information of the City's Sites Analysis and
development of affordable housing within
Inventory.
residential and mixed-use developments,
3. A layer and note have been added in the City's Geographic Information
the City shall educate developers of the
System (GIS) to identify sites within the inventory to assist staff in
benefits of density bonuses and related
providing information to interested developers.
incentives, identify potential funding
opportunities, offer expedited entitlement
The City will encourage density bonus and offer incentives to interested
processing, and offer fee waivers and/or
developers.
deferrals.
Effective January 1, 2020, State law (Assembly Bill 1486, Statutes of 2019)
requires a listing of sites owned by the City, that are included in the sites
inventory, and that have been sold, leased, or otherwise disposed of in the
prior year. The list shall include the entity to whom each site was transferred
and their intended use. The City does not own any of the sites listed in the
current housing opportunity sites; therefore, no listing of sites is provided.
171113001-
11
PROGRAM
STATUS
3.2.4
The City will monitor and evaluate the
Ongoing
development of vacant and
underdeveloped parcels on an annual
In 2019, construction began the development of the Plaza Corona del Mar
basis, and report the success of strategies
project, six detached residential condominiums units on an identified vacant
to encourage residential development in
site in Corona del Mar.
its Annual Progress Reports required
pursuant to Government Code 65400. If
The City also has significant projects on sites identified as underutilized:
identified strategies are not successful in
generating development interest, the City
Uptown Newport was approved in February 2013, for the
will respond to market conditions and will
construction of up to 1,244 residential units, 11,500 square feet of
revise or add additional incentives.
retail commercial, and 2.05 acres of park space. The Uptown
Newport Planned Community requires densities between 30
du/acre and 50 du/acre, consistent with the densities of the General
Plan, and allows additional density opportunities with a density
bonus. Construction of the first phase of the project (462 apartment
units, including 91 affordable units) was under construction in 2019
and 227 of these units were completed and finaled in 2019.
• The Newport Crossings Mixed -Use project is located on a site
identified as underutilized. The project was submitted in 2017 and
was under review in 2018. The project includes the development of
350 residential apartment units, including 78 units affordable to low-
income households. The Environmental Impact Report (EIR) was
certified and the project was approved by the Planning Commission
on February 21, 2019.
• In December 2019, an application was submitted for a new mixed-
use development located at 2510 West Coast Highway that includes
the development of 36 dwelling units, three of which would be
restricted for very low-income households. In exchange for providing
the very low-income units, the developer has requested a density
bonus of nine units (35% bonus) and development waiver of building
height. The project is anticipated to be reviewed by the Planning
Commission in 2020.
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12
PROGRAM
STATUS
4.1.1
Annually contact owners of affordable
Ongoing
units for those developments listed in
Table H12 as part of the City's annual
Staff maintains an updated contact list for affordable units in conjunction
monitoring of affordable housing
with the 2014-2021 Housing Element. LDM Associates (consultant)
agreements to obtain information
included this information that was sent to the owners as a part of the annual
regarding their plans for continuing
monitoring. During the RFP process for the expenditure of the affordable
affordability on their properties, inform
housing funds, the City and LDM Associates reached out to the owners of
them of financial resources available, and
the existing affordable housing units within the City and there was no
to encourage the extension of the
interest to extend the existing affordable housing covenants except from
affordability agreements for the
Seaview Lutheran (see Program 1.1.2 for details).
developments listed in Table H12 beyond
the years noted.
4.1.2
The City shall maintain registration as a
Ongoing
Qualified Preservation Entity with HCD to
ensure that the City will receive notices
The City of Newport Beach is registered as a Qualified Preservation Entity
from all owners intending to opt out of their
with HCD as of 2012. When notification is received, City staff will evaluate
Section 8 contracts and/or prepay their
the potential use of monies to preserve the affordable units.
HUD insured mortgages. Upon receiving
notice that a property owner of an existing
affordable housing development intends
to convert the units to a market -rate
development, the City shall consult with
the property owners and potential
preservation organizations regarding the
potential use of Community Development
Block Grant (CDBG) funds and/or
Affordable Housing Fund monies to
maintain affordable housing opportunities
in those developments listed in Table H12
or assist in the non-profit acquisition of the
units to ensure long-term affordability.
i I OR
13
PROGRAM
STATUS
4.1.3
Continue to maintain information on the
Ongoing
City's website and prepare written
communication for tenants and other
Pamphlets informing prospective tenants and landlords about the Orange
interested parties about Orange County
County Housing Authority (OCHA) Section 8 program have been made
Housing Authority Section 8 opportunities
available in the public lobby and information is posted on the City website.
to assist tenants and prospective tenants
to acquire additional understanding of
housing law and related policy issues.
4.1.4
Investigate availability of federal, state,
Ongoing
and local programs and pursue these
programs, if found feasible, for the
The City attends OCHA meetings and has continued to investigate
preservation of existing lower-income
available programs and evaluate the feasibility of participating in such
housing, especially for preservation of
programs.
lower-income housing that may convert to
market rates during the next 10 years. In
addition, continually promote the
availability of monies from the Affordable
Housing Fund as a funding source for the
preservation and rehabilitation of lower-
income housing. A list of these programs,
including sources and funding amounts,
will be identified as part of this program
and maintained on an ongoing basis.
14
PROGRAM
STATUS
4.1.5
The City shall inform and educate owners
Ongoing
of affordable units of the State
Preservation Notice Law (Government
Staff and consultant LDM Associates ("LDM") were able to coordinate
Code Section 65863.10-13), if applicable.
meetings and phone calls with property owners of existing units subject to
Pursuant to the law, owners of
affordable housing covenants or agreements. The owners were not
government -assisted projects cannot
interested in extending the existing affordable housing covenants.
terminate subsidy contract, prepay a
federally -assisted mortgage, or
Newport Harbor I at 1538 Placentia Avenue is in the process of terminating.
discontinue use restrictions without first
Their six-month notice was flagged by HCD and discussions are continuing
providing an exclusive Notice of
between LDM staff, the owner's representative and HCD.
Opportunity to Submit an Offer to
Purchase. Owners proposing to sell or
otherwise dispose of a property at any
time during the 5 years prior to the
expiration of restrictions must provide this
Notice at least 12 months in advance
unless such sale or disposition would
result in preserving the restrictions. The
intent of the law is to give tenants sufficient
time to understand and prepare for
potential rent increases, as well as to
provide local governments and potential
preservation buyers with an opportunity to
develop a plan to preserve the property.
This plan typically consists of convincing
the owner to either (a) retain the rental
restrictions in exchange for additional
financial incentives or (b) sell to a
preservation buyer at fair market value.
4.1.6
In accordance with Government Code
Ongoing
Section 65863.7, require a relocation
impact report as a prerequisite for the
Zoning Code Section 20.28.020 ensures compliance with the Government
closure or conversion of an existing mobile
Code Section. No relocation impact reports were proposed in 2019.
home park.
14-70
15
PROGRAM
STATUS
4.1.7
Participate as a member of the Orange
Ongoing
County Housing Authority Advisory
Committee and work in cooperation with
Staff attends the quarterly meetings of the OCHA Cities Advisory
the Orange County Housing Authority to
Committee.
provide Section 8 Rental Housing
Assistance to residents of the community.
Staff continually works in cooperation with the County to provide Section 8
The City will, in cooperation with the
rental housing assistance to residents.
Housing Authority, recommend and
request use of modified fair -market rent
A link to the Orange County Housing Authority website has been placed on
limits to increase the number of housing
the City website to provide information on the Section 8 program.
units within the City that will be eligible to
participate in the Section 8 program. The
City staff worked closely with OCHA staff to facilitate the award of the
Newport Beach Planning Division will
Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport
prepare and implement a publicity
Shores project (see Program 4.1.4).
program to educate and encourage
landlords within the City to rent their units
to Section 8 Certificate holders, and to
make very low-income households aware
of availability of the Section 8 Rental
Housing Assistance Program.
4.2.1
Implement and enforce the Water Efficient
Ongoing
Landscape Ordinance and Landscape
and Irrigation Design Standards in
All new development projects are reviewed for compliance with the City's
compliance with AB 1881 (2006). The
Water Efficient Landscape Ordinance.
ordinance establishes standards for
planning, designing, installing, and
maintaining and managing water -efficient
landscapes in new construction and
rehabilitated projects.
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16
PROGRAM
STATUS
4.2.2
Affordable housing developments that
Ongoing
receive City assistance from Community
As part of the SHARP program energy efficiency is a priority with upgraded
Development Block Grant (CDBG) funds
sinks, water heaters, weather-proof windows and new water efficient toilets.
or from the City's Affordable Housing Fund
shall be required, to the extent feasible,
include installation of energy efficient
appliances and devices, and water
conserving fixtures that will contribute to
reduced housing costs for future
occupants of the units.
4.2.3
Investigate the feasibility and benefits of
Ongoing
using a portion of its CDBG or other local
funds for the establishment and
Continuously monitor requests for assistance and Code Enforcement
implementation of an energy conserving
quarterly reports to determine need.
home improvements program for lower-
income homeowners.
4.2.4
Maintain a process for LEED certified staff
Ongoing
members to provide development
assistance to project proponents seeking
In 2019, the City staff included one Leadership in Energy and
LEED certification, which will in turn
Environmental Design (LEED) accredited staff member who was available
increase the LEED points granted to
to provide technical assistance when requested.
projects.
4.2.5
To encourage voluntary green building
Ongoing
action, the City shall maintain a green
recognition program that may include
Staff will work on construction of a new webpage that will provide
public recognition of LEED certified
recognition to LEED certified buildings by displaying their project with
buildings (or equivalent certification),
pictures and their name or other information they would want advertised.
payment of a display advertisement in the
An informational flyer is also being drafted to encourage green building that
local newspaper recognizing the
will advertise the new webpage and will be provided in the public lobby.
achievements of a project, or developing a
City plaque that will be granted to
exceptional developments.
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17
PROGRAM
STATUS
5.1.1
Apply for United States Department of
Ongoing
Urban Development Community
Development Block Grant funds and
Through the approved Action Plans for Fiscal Year 2019-20, the City
allocate a portion of such funds to sub-
allocated funding to the following organizations to preserve the supply of
recipients who provide shelter and other
emergency and transitional housing: Families Forward and Fair Housing
services for the homeless.
Foundation.
5.1.2
Cooperate with the Orange County
Ongoing
Housing Authority to pursue establishment
of a Senior/Disabled or Limited Income
The City refers low-income residents to Orange County for rehabilitation of
Repair Loan and Grant Program to
mobile homes, to Neighborhood Housing for first time buyer programs, and
underwrite all or part of the cost of
to Rebuilding Together for handyman service for low-income and senior
necessary housing modifications and
households.
repairs. Cooperation with the Orange
County Housing Authority will include
The City Council awarded Affordable Housing Funds for an agreement with
continuing City of Newport Beach
Habitat for Humanity Orange County (Habitat OC) granting up to $600,000
participation in the Orange County
to establish a critical home repair program for low-income seniors (Senior
Continuum of Care and continuing to
Home Assistance Repair Program). It is estimated that approximately 30
provide CDBG funding.
repair projects will be completed at various locations throughout the City.
To date, there have been 11 projects, including nine already completed.
There is money remaining in this program and applications are currently
being accepted see Program 1.1.2).
5.1.3
Permit, where appropriate, development
Ongoing
of senior accessory dwelling "granny" units
in single-family areas of the City. The City
In 2017 and 2018, the City amended its regulations to permit the
will promote and facilitate the development
development of Accessory Dwelling Units (ADUs) in single-family
of senior accessory dwelling units by
residential zoning districts to conform with changes in State Law. In 2019,
providing brochures and/or informational
there were two ADUs submitted, three ADUs permitted, two ADUs under
materials at the building permit counter,
construction, and one ADU finaled.
online, and other appropriate locations
detailing the benefits and the process for
obtaining approval.
14-73
PROGRAM
STATUS
5.1.4
Work with the City of Santa Ana to provide
Ongoing
recommendations for the allocation of
HUD Housing Opportunities for Persons
The management of the HOPWA funds transferred from Santa Ana to
with AIDS (HOPWA) funds within Orange
Anaheim in 2016. As a result, City staff will stay up-to-date on services
County.
provided with HOPWA funds and Ryan White Program funds through the
HIV Planning Council meeting agendas. If needed, City staff will attend the
related budget allocation meetings which are usually held in August or
September of each year.
5.1.5
Maintain a list of "Public and Private
Ongoing
Resources Available for Housing and
Community Development Activities."
City maintains a list of resources that are available for housing and
community development activities. A list of resources and links are provided
on the City's website.
5.1.6
Encourage the development of day care
Ongoing
centers as a component of new affordable
housing developments, and grant
No projects were submitted that included the establishment of a day care
additional incentives in conjunction with a
center.
density bonus per the Chapter 20.32.
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19
5.1.7 Encourage senior citizen independence Complete
through the promotion of housing services
related to in-home care, meal programs, The City provided $25,000 in CDBG funds to Age Well Senior Services home -
and counseling, and maintain a senior delivered meals program. The mobile meals program provides home -delivered
center that affords seniors opportunities to meals to individuals who are homebound due to age, illness, or disability.
live healthy, active, and productive lives in The City also operates the OASIS Senior Center. Services include:
the City. • A multi-purpose center owned and operated by the City of Newport
Beach in partnership with the Friends of OASIS nonprofit dedicated to
meeting needs of senior citizens and their families.
• Classes in art, health & fitness, music & dance, foreign languages,
technology, enrichment, and much more.
• A state-of-the-art fitness center for those ages 50 and older which
provides a safe, comfortable, senior -friendly exercise environment for
the active older adult including access to hire a personal trainer for
individualized programs. Separate membership required to join.
• Regularly scheduled low-cost special events and socials such as
luncheons, concerts, barbecues, a talent show and volunteer
recognition.
• Travel department coordination of day and overnight trips.
• Curb -to -curb transportation program for residents of Newport Beach
ages 60 and older who are no longer driving to use for medical
appointments, grocery shopping, banking, and to attend OASIS classes
(fee required).
• Social services information and referral for seniors and their families
dealing with a need for caregiver services, housing, transportation,
work resources, legal matters, and more. Informational and supportive
counseling is available to seniors and their family members on an
individual basis.
• Various health resources and screenings for seniors, including flu
shots, blood pressure, memory screenings, hearing screenings, and
health insurance counseling services.
• Regularly scheduled support group meetings at the Center to help
senior citizens and their families cope with stress, illness, life
transitions, and crises.
• Lunch program for active and homebound senior citizens ages 60 and
older that is funded by the federal government through the Older
American Act. A donation is requested for meals, which are provided
by Age Well Senior Services.
14-75
20
PROGRAM
STATUS
5.1.8
The City shall work with the Regional
Ongoing
Center of Orange County (RCOC) to
implement an outreach program informing
Information was added to the City website under Housing Assistance
families within the City of housing and
regarding resources through the RCOC which began implementation of an
services available for persons with
outreach program. The City remains in contact with RCOC on implementing
developmental disabilities. Information will
outreach programs as they are developed. The City works with the housing
be made available on the City's website.
consultant at the RCOC. When projects are submitted, they will be offered
The City shall also offer expedited permit
expedited permit processing and the possibility of fee waivers.
processing and fee waivers and/or
deferrals to developers of projects
designed for persons with physical and
developmental disabilities.
6.1.1
Contract with an appropriate fair housing
Ongoing
service agency for the provision of fair
housing services for Newport Beach
The City contracted with the Fair Housing Foundation to provide these
residents. The City will also work with the
services. The Fair Housing Foundation provided the following trainings,
fair housing service agency to assist with
seminars, and outreach activities in the City in 2019:
the periodic update of the Analysis of
• Two Community Booths — 9/28/19 and 10/19/19
Impediments to Fair Housing document
• Two Tenant Rights Workshops — 5/5/19
required by HUD. The City will continue to
• Two Landlord Workshops — 2/14/19 and 11/20/19
provide public outreach and educational
• Two Management Trainings — 3/6/19 and 6/18/19
workshops, and distribute pamphlets
containing information related to fair
Pamphlets containing information on Fair Housing and Dispute Resolution
housing.
Services are available at the public counter.
7.1.1
As part of its annual General Plan Review,
Ongoing
the City shall report on the status of all
housing programs. The portion of the
This annual Housing Element Report will be submitted to HCD.
Annual Report discussing Housing
Programs is to be distributed to the
California Department of Housing and
Community Development in accordance
with California state law.
14-76
GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
M E M O R A N D U M
To: Jenna Tourje, Kearns and West
From: Vivian Kahn and Andrew Hill
Re: Review of New Legal Requirements for General Plans and Implications for the Newport
Beach Listen and Learn Process
Date: November 11, 2019
Dear Jenna:
This memo identifies new legal requirements for General Plans that have come into effect since
the Newport Beach General Plan was adopted in 2006 and discusses implications and
considerations for the Listen and Learn process, preceding a future General Plan Update. The new
legal requirements generally fall under the following topics: transportation, housing, safety, and
environmental justice.
TRANSPORTATION
Complete Streets Act (2008)
The Complete Streets Act of 2008 (California Government Code Section 65302(b)) requires that
California communities plan for a "balanced, multimodal transportation network that meets the
needs of all users of streets, roads, and highways for safe and convenient travel." Communities
must update the circulation element of the General Plan to comply with the law upon the next
substantive revision to that element after January 1, 2011.
The 2006 General Plan was adopted before the Complete Streets Act came into effect and the
term "complete streets" does not appear in the current plan; however, there are numerous
policies that address core complete streets concepts. For example, Policy CE 1.1.1 calls for a
diverse transportation system that provides a range of mobility options for the community;
policies under Goal CE 4.1 seek to support transit use; policies under Goal 5.1 promote bicycle
and pedestrian improvements; and Policy CE 6.1.2 requires project site designs that facilitate the
use of public transportation and walking. Nevertheless, the General Plan Update presents an
opportunity to synchronize the General Plan and the 2014 Bicycle Master Plan and to integrate
complete streets concepts more fully. Emerging technologies such as electric vehicle charging
infrastructure, ride hailing services, dockless scooters and bikes, and autonomous vehicles need
to be considered and addressed. There is also an opportunity to explore creating a "layered
network," recognizing that different streets accommodate various modes differently, depending
on their function and the uses they contain. A layered network is one that considers the needs of
a range of users holistically across the network and assigns different priorities among travel
modes on different streets to satisfy the requirements of the Complete Streets Act. A layered
1330 Broadway Ste. 604 Oakland, CA 94612
415 956 4300 1 www.dyettandbhatia.com
14-77
GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
network can include performance metrics and design standards to reflect and support those
priorities.
Senate Bill 743
Senate Bill (SB) 743, passed into law in 2013, committed the State to changing the way that
transportation impacts are analyzed under the California Environmental Quality Act (CEQA).
Traditionally under CEQA, one of the key metrics by which transportation impacts have been
evaluated is vehicle level of service (LOS), a measure used for analyzing the performance of
roadway segments and intersections based on vehicle speed, density, or congestion. However,
better vehicle LOS is not necessarily consistent with other environmental objectives, such as
improved air quality, reduced GHG emissions, or reduced traffic noise. As such, SB 743 required
the State to amend the CEQA Guidelines to provide an alternative to LOS for evaluating
transportation impacts such that auto delay would no longer be considered a significant
environmental impact.
Pursuant to SB 743, new CEQA Guidelines adopted by the State in December 2018 established
vehicle miles travelled (VMT) as the metric to be used for evaluating traffic impacts under CEQA,
effective July 1, 2020. To comply with the new CEQA Guidelines, the City of Newport Beach will
be required to set new thresholds for assessing transportation impacts based on VMT, consistent
with technical recommendations regarding assessment of VMT, thresholds of significance, and
mitigation measures issued by the Governor's Office of Planning and Research. The City has the
option of using metrics detailed in the Technical Advisory on Evaluating Transportation Impacts
in CEQA prepared by OPR or developing its own metrics, subject to substantial evidence. The
Listen and Learn process represents an opportunity to share information about the coming
change.
While VMT will replace vehicle LOS as the metric for assessing traffic impacts under CEQA, vehicle
LOS is still valuable for the purpose of evaluating roadway and intersection operations and
planning the network. Other measures such as delay, cross-town travel time, vehicle hours of
travel, etc. all remain relevant in assessing overall system performance depending on situations,
although they cannot be used for CEQA purposes. Some cities we are working with have continued
to use LOS standards for their general plans. Policy CE 2.1.1 from the current General Plan
establishes LOS standards for the local roadway network and the General Plan can continue to
use this policy for planning purposes. The move away from LOS as a metric for evaluating
environmental impacts means that LOS impacts may not be a means of extracting roadway
improvements as mitigation for impacts from proposed development projects; however, the City
has adopted a Fair Share Traffic Contribution Ordinance (Municipal Code Chapter 15. 38) and a
Traffic Phasing Ordinance (Municipal Code Chapter 15.40), which provide mechanisms for funding
circulation system improvements from new development and redevelopment as needed to
maintain acceptable levels of performance within the city.
Implications for Listen and Learn
Mobility will be an important focus of the General Plan Update, and Listen and Learn outreach
can help set up for that work in various ways:
-2-
14-78
GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
• By introducing the concept of complete streets and the associated benefits for multi-
modal mobility and roadway safety;
• By soliciting input on locations in Newport Beach where conflicts between roadway users
need to be addressed and where prioritization between modes may need to differ;
• By soliciting input on how best to accommodate emerging transportation technologies on
city streets in the future; and
• By informing the public of the move to VMT as the basic metric for evaluating
transportation impacts under CEQA and the role that LOS will play in planning the
transportation network.
HOUSING
The California State Legislature passed a high-profile package of 15 new housing laws in 2017 to
address the urgent need for housing throughout the state. An additional 16 new laws related to
housing passed in 2018 came into effect January 1, 2019, and in October 2019 the Governor
signed an additional 18 bills intended to boost housing production in California. This section
recaps the new housing laws most directly relevant to Listen and Learn outreach and the General
Plan Update.
Senate Bill 35
Enacted in 2017, Senate Bill (SB) 35 established new provisions for streamlined processing of
residential infill projects that first went into effect January 1, 2018. (A series of clarifying "clean
up" amendments to SB 35 was passed as SB 765 in 2018 and went into effect January 1, 2019.)
The requirements, which are codified in Government Code Section 65913.4, are intended to
expedite and facilitate the construction of affordable housing, mandate a ministerial review and
approval process for residential development projects that meet a variety of specific
requirements. The new law applies to jurisdictions that have not made enough progress toward
meeting their Regional Housing Needs Assessment (RHNA). Newport Beach is on a list of 213
California jurisdictions that have not made sufficient progress toward their Lower income RHNA
(Very Low and Low-income), and are subject to the streamlining provisions for proposed multi-
family developments that contain two or more residential units with at least 50 percent
affordability.'
Even though requirements of SB 35 apply to jurisdictions regardless of whether they have codified
the new procedures, because the law establishes a very short time frame within which to review
an application, some jurisdictions have adopted their own application forms and adapted the
procedures to simplifythe process. SB 35 expands the common definition of "multi -family housing
California Department of Housing and Community Development, SB 35 Statewide Determination Summary, June
2019. Download at
http://www.hcd.ca.gov/commu nity-development/housi ng-
element/docs/SB35 StatewideDeterminationSummary.pdf
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development" applying to projects with two or more units; depending on the number of housing
units proposed, the jurisdiction has from 60 to 90 days to review the project to determine if it is
eligible for streamlined processing. If eligible, the jurisdiction has from 90 to 180 days to make a
final decision.
California Department of Housing and Community Development (HCD) Guidelines for
implementing SB 35 require local agencies subject to SB 35 to provide information on the
application process and identify the relevant objective planning standards used for such projects.
The information provided can include reference documents and a list of information the city
needs to determine if the application is consistent with objective standards such as checklists,
maps, diagrams, flow charts, or other formats. 2
Eligible projects are exempt from environmental review under CEQA and the process does not
allow public hearings; however, SB 35 does allow for "design review or public oversight" to occur
if a locality so chooses. This process may be conducted by the Planning Commission or equivalent
board or commission responsible for review and approval of development projects, or the City
Council. However, the review process must be objective and strictly focused on assessing
compliance with criteria required for streamlined projects, as well as any reasonable objective
design standards that were in effect before the application was submitted. This process may not
in any way "inhibit, chill, or preclude the ministerial approval" allowed by SB 35 (Section
65913.4(c)(1)).
When determining consistency with objective zoning, subdivision, or design review standards, the
local government can only use those standards that meet the definition specified in the
Government Code. This means standards may not involve any personal or subjective judgment by
a public official and are uniformly verifiable by reference to an external and uniform benchmark
or criterion available and knowable by both the development applicant or proponent and the
public official prior to submittal. "Objective design review standards" must be published and
adopted by ordinance or resolution by a local jurisdiction before submission of a development
application, and which are broadly applicable to development within the jurisdiction. For
example, design review standards that require subjective decision-making, such as consistency
with "neighborhood character", cannot be applied as an objective standard unless "neighborhood
character" is defined in such a manner that is non -discretionary.
Objective design review could include use of specific materials or styles, such as Spanish -style tile
roofs or roof pitches with a slope of 1:5. Architectural design requirements such as "craftsman
style architecture" could be used so long as the elements of "craftsman style architecture" are
clearly defined (e.g., "porches with thick round or square columns and low-pitched roofs with
wide eaves), ideally with illustrations.
Further, AB 1485 (Wicks), which is among the bills the Governor signed in October, has resulted
in additional amendments to Government Code Section 65913.4 (which codified SB 35) that are
2 California Department of Housing and Community Development, Streamlined Ministerial Approval Process
(Chapter 366, Statutes of 2017) Guidelines, November 29, 2018. Download at http://www.hcd.ca.gov/policV-
research/docs/SB-35-G u idel i nes-fi na I. pdf
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intended to address some issues that have been identified since the streamlining provisions were
originally enacted. These changes:
• Require that underground space such as garages and basements shall not be considered
part of the square footage of the development;
• Provide that if other state or local programs require the dedication of affordable housing
units or fees, the requirements of those program shall be treated separately or additively
and not additionally applied to a housing development project in addition to those
already required under SB 35 (i.e. no stacking);
• Provide that a development shall be deemed consistent with objective planning standards
if there is substantial evidence that would allow a reasonable person to conclude that the
development is consistent with such objective planning standard;
• Allow a permit for a project with fewer than 50 percent affordable units to remain valid
for three years or if litigation is filed challenging the approval, from the date of any final
judgement upholding the approval, and shall remain valid so long as vertical construction
is in progress;
• Require any permits subsequent to the streamlined, ministerial approval, such as
demolition, grading, and building permits or, if required, final map, to be issued if the
application substantially complies with the development as it was approved, as specified.
Upon receipt of the application, the local government shall process subsequent permits
without unreasonable delay and shall apply the same procedures and requirements on
all projects; and
• Declare that SB 35 projects are eligible for protections under the Housing Accountability
Act (HAA).
Under the provisions of Government Code Section 65913.4 (as amended), proponents of projects
that meet the requirements of the statute may apply for ministerial processing when proposed
multi -family developments satisfy objective development standards established by the
community in which the development is proposed. Design review may still be conducted but is
limited to an assessment of whether the project complies with objectives standards enacted prior
to application and must be completed within 180 days (for projects of more than 150 units).
Objective standards are those which "involve no personal or subjective judgment by a public
official and are uniformly verifiable by reference to an external and uniform benchmark or
criterion." Such requirements must be available and "knowable" by both the applicant or project
proponent and public officials and staff before the application is submitted. SB 35 also places
limitation on the expiration of approvals pursuant to this process; limits the authority of local
government to impose parking standards on development approved pursuant to the process; and
requires that local governments report annually to the State on housing production.
Development and design standards are typically specified in the Zoning Code or in a Specific Plan
that the jurisdiction adopts as a regulatory plan, rather than in the General Plan, but both the
Zoning Code and any Specific Plan must be consistent with the General Plan. In light of the
requirements of SB 35 and HAA, the Newport Beach General Plan needs to identify critical
elements that contribute to desired character of the community that the Zoning Code can then
regulate. Plan policies should also be written to provide a strong and clear basis for the regulations
the City adopts to implement them.
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Policy LU 5.1.9 from the current General Plan identifies the following aspects as important for
high-quality multi -family residential development and provides guidance for development
projects: architectural treatment of facades; ground floor treatments; roof design; parking; and
open spaces and amenities. Municipal Code Chapter 20.18 (Table 2-3) provides standards for lot
dimensions, lot coverage, setbacks, and building heights. Section 20.48.180 provides further
residential development standards related to third floors and open volume area, while other
sections of the Code govern bluffs, fencing, landscaping, lighting, parking, and satellite antennas.
Chapter 20.56 provides standards for specific Planned Community Districts in the city.
Collectively, these provisions from the Zoning Code are the objective standards that would apply
in the case that a proposed development with 50 percent or more affordability applied for
ministerial review under SB 35.
The City may wish to add or amplify existing standards to further define the desired character by
establishing more detailed design and development standards for multi -family development
especially for the Mixed -Use Zoning Districts, where it is likely much of the residential
development will occur. For example, General Plan Policy LU 5.1.9 identifies roof modulation as
an important design element, but the Code currently has objective standards related only to roof
height, not modulation. In areas where the City has not established standards or where the
standards it has adopted are inconsistent with the General Plan, the General Plan policies will be
the only development and use requirements with which developers need to comply (Government
Code Section 65913.4 (a) (5) (A) and (B)). Based on Section 20.14.020, it appears that the zoning
for areas of Newport Beach designated MU -H Mixed -Use in the General Plan defaults to the
existing standards for the MU -MM, -DW and CV/15th Street districts. These standards cover
density, lot dimensions, setbacks, height but do not address any other design features, such as
architectural treatment of facades, that are of concern to the City.
Senate Bill 167, Assembly Bill 678, Assembly Bill 1515 and SB 330 (Skinner)
Collectively, the first three laws, which became effective in January 2018, along with SB 330,
signed by the Governor in October 2019, strengthened the Housing Accountability Act (HAA), that
was originally enacted in 1982 to limit the ability of local jurisdictions to deny or make infeasible
qualifying housing projects. The HAA, which is codified as Government Code Section 65589.5,
severely restricts cities and counties from denying or imposing conditions on residential projects
that would require a reduction in density of a development that complies with "objective" general
plan, zoning, and subdivision standards without making specified findings that the project would
have a "specific adverse impact" on public health or safety. Findings must be based on a
"preponderance" of the evidence in the record. which is a stricter standard than the "substantial"
evidence that the law previously required.
If, in the City's estimation, a proposed project does not comply with objective general plan,
zoning, and subdivision standards and criteria (including design review criteria) the City must
provide a list of inconsistencies within 30-60 days of application being deemed complete. If City
fails to provide this list within the specified time limit, the project is "deemed consistent." Under
SB 330, "objective" means involving no personal or subjective judgment by a public official and
being uniformly verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the public official.
Furthermore, this section cannot be used to disapprove or conditionally approve if the project is
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(1) proposed on a site suitable for low income (< 80 percent of annual median income) and (2) is
consistent with the density specified in the Housing Element, even if the project is inconsistent
with the zoning ordinance and general plan land use designation. A change to the zoning
ordinance or general plan land use designation AFTER the date the application for the project was
deemed complete will not be a valid basis to deny or condition approval of an eligible residential
project. Also, if the City has not identified sufficient sites with the capacity to provide for a share
of the jurisdiction's RHNA, the City must allow the development on any site designated in the Plan
for residential uses or for commercial uses or an emergency shelter on any site zoned for
industrial, commercial or multifamily residential use.
SB 330 established additional requirements, most of which will be in effect only until January 1,
2025 and others that will become effective as of that date including uniform statewide standards
for what a community can require in a "preliminary application" and requiring all communities to
use a standard application form developed by HCD. Even though the application requirements
that will be codified in Government Code 65941.1 will expire on January 1, 2025, the list may serve
as a useful basis for reviewing and, if necessary, revising the published lists of application
requirements that the Section 65940 of the Permit Streamlining Act has required for a number of
years.
Passed by the legislature in September 2019, and signed by the Governor, SB 330 limits the ability
of cities and counties to move the goalposts for housing development projects during their
application process and strengthens the protections of the Housing Accountability Act and the
Permit Streamlining Act. SB 330 prohibits a jurisdiction (with some exceptions) from enacting
development policies, standards, or conditions that would change current zoning and general plan
designations of properties where housing is allowed in order to "lessen the intensity of housing,"
such as by reducing height, density or floor area ratio; requiring new or increased open space, lot
size, setbacks or frontage; or limiting maximum lot coverage. Moreover, the bill stipulates that
any such amendment that took effect after January 1, 2018 would be null and void as a matter of
law. SB 330 also bans jurisdictions from placing a moratorium or similar restrictions on housing
development, from imposing subjective design standards established after Jan. 1, 2020, and
limiting or capping the number of land use approvals or permits that will be issued in the
jurisdiction, unless the jurisdiction is predominantly agricultural. This provision does not apply
retroactively to any caps established before January 1, 2018, such as the restrictions applicable to
residential development in the Airport Area and Newport Center identified in Table H32 of the
Housing Element.
SB 330 also requires cities and counties to reduce the time it takes to process housing applications
with an EIR to no more than 90 days for most market -rate housing developments (from 120 days)
and to 60 days (from 90 days) for affordable developments, after a project application is deemed
complete. In addition, SB 330 requires communities to either approve or disapprove the
application at any of the five allowed hearings. With certain defined exceptions, SB 330 prohibits
communities from requiring a housing development project to comply with an ordinance, policy,
or standard that not adopted and in effect when a preliminary application was submitted. a
provision that exempts housing projects exempt from any ordinances, policies, and standards
adopted after the applicant's submission of a "preliminary application" that meets the
requirements of the Permit Streamlining Act (Section 65941) as amended by SB 330 except for:
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• A fee, charge or other exaction that results from an automatic annual adjustment based
on a cost index referenced in an adopted ordinance or resolution;
• An ordinance, policy, or standard beyond those in effect when a preliminary application
was submitted that is necessary to mitigate or avoid a specific, adverse impact upon the
public health or safety;
• An ordinance, policy, standard, or any other measure, beyond those in effect when a
preliminary application was submitted is necessary to avoid or substantially lessen an
impact of the project under the California Environmental Quality Act; or
• When housing development project has not commenced construction within two and
one-half years following the date that the project received all necessary approvals to be
eligible to apply for, and obtain, a building permit or permits with a few specific
exceptions.
The provisions of these laws primarily concern the procedures and parameters for approving
housing, rather than planning for housing; however, with these revisions to the HAA, a mixed-use
project now qualifies as long as at least two-thirds of its square footage is designated for
residential use, whereas previously, the HAA made a more limited set of mixed-use projects to
qualify for its protections. In addition to 100 percent residential and mixed-use projects that have
two thirds or more of the total square footage devoted to residential uses, the law also applies to
transitional and supportive housing and emergency housing shelters.
The new requirements underscore the importance of ensuring that City plans and regulations
include carefully written provisions that establish a sound basis for "objective, quantifiable,
written development standards."
Assembly Bill 1763
Assembly Bill (AB) 1763 was signed into law on October 10, 2019, providing enhanced density
bonus options. A density bonus is an increase in the number of housing units allowed under a
general plan and/or zoning ("base density") to encourage the production of affordable housing.
Depending on the amount and affordability of the proposed affordable housing, under State
Density Bonus Law (Government Code 65915 et seq.) a project may be allowed a density bonus
between 5 percent and 35 percent above the base maximum density. Under AB 1763, projects
that provide 100 percent of their units dedicated for lower income households or 80 percent for
lower income households and 20 percent for moderate -income, are eligible for a potential 80
percent increase in base density and these projects would also be able to receive three to four
concessions, such as such as reduced setback and minimum square footage requirements.
Further, under AB 1763, for a project that meets the affordability requirements and is also within
0.5 miles of a major transit stop, there is no maximum control on density; however, these
provisions do not currently apply in Newport Beach as there is no facility in the city which meets
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the definition of major transit stop.3,4 While the 2006 General Plan contains policies and
implementation measures that seek to enhance transit service, there are no provisions that
explicitly call for increased frequency of service.
Finally, it should be noted that projects that meet the AB 1763 affordability requirements will also
likely meet SB 35 affordability requirements and would therefore also be eligible for streamlining
pursuant to SB 35. This underscores the importance of establishing objective standards to guide
the design of qualifying high density housing and mixed use projects to ensure they are in keeping
with community standards.
Assembly Bill 1397 and SB 166
The "No Net Loss' provisions in Section 65583.2 of the Housing Element law were established to
make sure that housing elements identify sufficient sites to accommodate the jurisdiction's RHNA
or include programs to ensure that sites will be available throughout the planning period. Under
the "No Net Loss "requirements, a city may not reduce residential density or allow development
at a lower residential density unless the city makes findings supported by substantial evidence
that the reduction is consistent with the general plan and there are remaining sites identified in
the housing element adequate to meet the city's outstanding RHNA. SB 166 and AB 1397, which
became effective in January 2018, added to that requirement by stipulating that sites listed on
the inventory must be both available and suitable for residential development. Specifically, AB
1397 requires that sites listed on the inventory have "realistic and demonstrated potential for
redevelopment during the planning period to meet the locality's housing need for the designated
income level."
The Housing Element must calculate the realistic development capacity of sites listed on the
inventory for the various income levels in view of the availability of sufficient water, sewer, and
dry utilities, and must include a discussion of the methodology used to determine development
potential, considering the community's past experience with converting existing uses to higher -
density residential development, the current demand for the existing use, and an analysis of
existing leases or other contracts that would perpetuate the existing use or prevent
redevelopment. An alternative way to show that a site or sites are appropriate to accommodate
development to accommodate lower income households is to establish density requirements that
meet the thresholds Section 65583.2 specifies, which is 30 units per acre for cities in a
metropolitan county such as the County of Orange.
SB 166 went further by requiring cities that allow development at reduced densities now be
prepared to meet remaining unmet RHNA need by income category within 180 days. If the
3 Per California Public resources Code Section 21064.3, a major transit stop means a site containing an existing rail
transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major
bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute
periods.
4 South County System Map https://www.octa.net/ebusbook/routePdf/SouthCounty.pdf
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remaining sites in the inventory cannot accommodate the unmet RHNA by income category, the
City must be prepared to rezone other sites where residential development is allowed regardless
of any growth management restriction, open space or agricultural preservation policies. This
provision wouldn't automatically negate development caps such as the restrictions applicable to
residential development in the Airport Area and Newport Center identified in Table H32 of the
Housing Element so long as the City is unable to identify sufficient sites in other zones. However,
it will require detailed project -by -project monitoring and may require that the City rezone
additional land to a high-density residential use during the Housing Element planning period in
order to remain in compliance. In view of the no net loss provisions, the City may elect to zone
more land for higher density residential development than is strictly required to satisfy the RHNA
in order to ensure that sufficient sites are available in the event that some sites are approved at
reduced densities.
Government Code Section 65583.2(c) stipulates that the inventory may not include a non -vacant
site identified in a prior housing element or a vacant site identified in two or more consecutive
planning periods that was not approved for developing housing to meet housing need unless the
site can be developed at a higher density and is subject to a program in the housing element
requiring rezoning within three years of start of planning period to allow residential by right for
housing in which at least 20 percent of the units are affordable to lower income households. The
sites inventory included in the 2008-2014 Housing Element and the 2014-2021 Housing Element
relied heavily on the use of non -vacant sites. Therefore, any lower-income non -vacant sites that
were listed in the prior housing elements and also planned for use in the upcoming 2021- 2029
Housing Element will be subject to the by -right and 20 percent inclusionary requirements. The
intention of this requirement is to incentivize residential development on sites previously deemed
suitable for housing but that have not seen development by increasing allowable density and
streamlining the approval process.
An analysis of the inventory in current Newport Beach Housing Element is beyond the scope of
this memo; however, in the course of updating the Housing Element, the City will need to assess
how many sites from the current inventory can be carried forward under current zoning and how
many would need to be rezoned in order to be carried forward. Additionally, depending on the
City's assigned RHNA for the upcoming planning period, it may be necessary to identify other
potential sites for residential development that were not included in the prior Housing Element.
This could be done by using data from the County Assessor to conduct an assessed value ratio
analysis to identify underutilized sites that are more likely to redevelop because they offer
property owners an incentive to redevelop with uses that can command a higher sales price or
rent. The Housing Element will need to be adopted by October 2021, which is likely before the
updated General Plan will be ready. As such a critical consideration for the Housing Element will
be ensuring adequate sites available for the 2021-2029 cycle.
Assembly Bills (AB) 671, 1255, and 1486
Collectively, these three bills signed into law by the Governor on October 10 would require local
government agencies to prepare a list of surplus lands under its ownership and provide that to
the State for inclusion in a digitized statewide inventory of surplus governmental lands suitable
for residential development. Surplus land is defined as "land owned by any local agency that is
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determined to be no longer necessary for the agency's use." Pursuant to these new laws, the
Newport Beach Housing Element Update must provide a description of non -vacant sites owned
by the City and details of whether there are any plans to dispose of the property during the
planning period.
Assembly Bill 881, Assembly Bill 68, Senate Bill 13, and Assembly Bill 671
All four bills, signed by the Governor on October 10, are intended to facilitate production of
accessory dwelling units (ADUs), or secondary housing units either attached or detached from a
main house that exist on a lot with another house. The State sees these units as an innovative,
affordable, effective option for adding much-needed housing in California. ADUs may be counted
toward a community's RHNA.
Assembly Bill (AB) 881 removes impediments to ADU construction by restricting local
jurisdictions' permitting criteria, clarifying that ADUs must receive streamlined approval if
constructed in existing garages, and eliminating local agencies' ability to require owner -occupancy
for five years. Assembly Bill (AB) 68 makes major changes to facilitate the development of more
ADUs, further reducing barriers to ADU approval and construction. Notably, the law prohibits the
imposition of limits on lot coverage, floor area ratio, open space, and minimum lot size unless
they allow for at least an 800 square foot accessory dwelling unit that is at least 16 feet in height
with 4 -foot side and rear setbacks to be constructed. Senate Bill (SB) 13 prohibits jurisdictions
from establishing a maximum square footage requirement for either an attached or detached
accessory dwelling unit that is less than 850 square feet, and 1,000 square feet if the accessory
dwelling unit contains more than one bedroom. It also creates a tiered fee structure which
charges ADUs based on their size and location and addresses other barriers by lowering the
application approval timeframe, creating an avenue to get unpermitted ADUs up to code, and
enhancing an enforcement mechanism allowing the state to ensure that localities are following
ADU statute. Assembly Bill (AB) 671 requires local governments' housing plans to encourage
affordable ADU rentals and requires the state to develop a list of state grants and financial
incentives for affordable ADUs.
The City of Newport Beach's current ADU regulations were adopted in February 2019 to conform
to provisions enacted by the State legislature mandating a variety of requirements intended to
make it easier for homeowners to construct such units. Since that time, the State has made some
additional changes to the law including the revisions made by Assembly Bills 881, 68, 671, and
Senate Bill 13 described above. Although cities and counties are subject to all of the State's ADU
requirements regardless of whether local regulations have been updated to be consistent with
the most recent changes, the City should review all existing provisions applicable to this type of
housing and revise both the Zoning Code and any counter materials to ensure that City staff and
property owners have access to the most current requirements. The Housing Element, which was
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adopted in September 2013, will also need to be updated to reference the most recent version of
the State law and the local regulations.
Assembly Bill 2797
In the Kalnel Gardens, LLC v. City of Los Angeles (2016), the Second District Court of Appeal ruled
that the State Density Bonus Law is subordinate to the Coastal Act. In response, Assembly Bill (AB)
2797, requires the State Density Bonus Law be harmonized with the California Coastal Act so that
both statutes can be given effect within the coastal zone so as to increase affordable housing in
the coastal zone while protecting coastal resources and access. Specifically, AB 2797 requires that
any density bonus, concessions, incentives, waivers or reductions of development standards, and
parking ratios to which an applicant is entitled under the Density Bonus Law be permitted in a
manner that is consistent with that law and the California Coastal Act of 1976.
Implications for Listen and Learn
The Southern California Association of Governments (SCAG) is currently in the process of
developing the 6th cycle Regional Housing Needs Assessment (RHNA) allocation plan which will
cover the planning period October 2021 through October 2029. The RHNA quantifies the need for
housing within each jurisdiction in the SCAG region during the planning period and represents the
amount of housing that must be planned for in a community's General Plan Housing Element
according to State law. SCAG plans to release draft RHNA allocations in February 2020 and to
formally adopt a RHNA allocation plan in October 2020. While the City of Newport Beach's RHNA
allocation is not known at this time, based on the draft RHNA methodology currently being
considered by SCAG, the City anticipates a total RHNA of approximately 2,750 units, substantially
more than in the prior cycle. In this context, housing will undoubtably be a hot topic for the
General Plan Update, and as such, Listen and Learn outreach represents an important opportunity
to start a conversation with the community about housing before potentially controversial RHNA
numbers are released.
Listen and Learn outreach can help set up for the Housing Element Update and the General Plan
Update by:
• Informing community members about the legal requirements for the planning of housing
and the levers available to the City to shape the location and character of housing (i.e.,
through objective standards) including criteria for identifying sites appropriate for
affordable housing development;
• Engaging community members in a dialogue about demographic projections and future
housing needs in Newport Beach, recognizing that new housing can help ensure that the
community remains affordable to our children as they move out and start families, our
parents as they get older, and the teachers, firefighters and other public servants who
contribute to the quality of life of the community; the conversation should include a
discussion of housing typologies suited to future demand, especially in view of new State
law intended to facilitate production of affordable multi -family development and ADUs;
• Obtaining input that will help to identify areas that could be designated for additional
affordable housing and help to assess the feasibility of establishing affordable housing
overlay zoning;
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• Seeking input on the elements of built form that contribute most to the desired character
of the community in order to guide creating of objective standards that will help achieve
design that enhances the visual character and sense of place in Newport Beach.
While the Listen and Learn process presents an opportunity to gather community input that can
inform the development of new citywide objective standards for multi -family and mixed use
projects, it may be prudent for the City to work on a separate, expedited timeline to establish
objective standards for areas where adopted standards are insufficient or are inconsistent with
the General Plan, such as in the Airport Area. This would ensure that there are sufficient interim
objective standards in place to guide projects that may come forward in these areas while the
General Plan Update is in progress. Community input gathered as part of the Listen and Learn
process and the subsequent General Plan Update could then be used to refine and/or augment
the interim standards.
SAFETY
Government Code 6530 (g) (2) - Flooding
This section of the California Government Code required an update to the Safety Element of the
General Plan timed with the next update to the Housing Element on or after January 1, 2009 to
address new requirements related to flooding. These requirements include the identification of
flood hazard areas based on available data from the Federal Emergency Management Agency
(FEMA), the provision of historical data on flood events, and the establishment of goals, policies,
and objectives designed to avoid or minimize risks to new development from flooding. The current
General Plan includes a discussion of flooding risk in Newport Beach and a map (Figure S3)
depicting flood hazard areas. Goal S 5 and associated policies address flooding risk. As part of the
General Plan Update, the maps and information will need to be updated based on the latest
available data and the Element will need to be synchronized with the 2016 Local Hazard Mitigation
Plan (LHMP).
Government Code 6530 (a) (3) - Wildfire
This section of the California Government Code requires an update to the Safety Element of the
General Plan timed with the next update to the Housing Element on or after January 1, 2014, to
address new requirements related to wildfire. These requirements include the identification of
fire hazard severity zones, based on data from the California Department of Forestry and Fire
Protection, the provision of historical data on wildfire events, the provision of additional
information about wildfire hazard areas from the US Geological Survey, and the establishment of
goals, policies, and objectives designed to avoid or minimize risks to new development from
wildfire. The current General Plan includes a discussion of wildfire risk in Newport Beach and a
map (Figure S4) depicting wildfire hazard areas. Goal S 6 and associated policies address wildfire
risk. As part of the General Plan Update, the maps and information will need to be updated based
on the latest available data and the Element will need to be synchronized with the 2016 LHMP.
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General Plan Diagnostic Memo
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Urban and Regional Planners
Senate Bill 379
Senate Bill (SB) 379 requires all cities and counties to include climate adaptation and resiliency
strategies in the safety elements of their general plans upon the next revision to the City's Local
Hazard Mitigation Plan beginning January 1, 2017. The law requires that each community
complete a vulnerability assessment to identify primary and secondary risks from climate change;
to create a set of adaptation and resilience goals, policies and objectives address the risks
identified in the vulnerability assessment; and to develop feasible implementation measures
designed to carry out the goals, policies and objectives. To help with local vulnerability
assessments, the California Energy Commission, in collaboration with UC Berkeley's Geospatial
Innovation Facility, has developed the Cal -Adapt website, which offers a wealth of data on how
climate change might affect California at the local level, including effects in Orange County and
Newport Beach.
Implications for Listen and Learn
Publicly available data and information on natural hazards and the effects of climate change can
be used to create maps and graphics that can help frame a discussion of issues and priorities for
the community in the face of challenges that may result from climate change in the future.
ENVIRONMENTAL JUSTICE
Senate Bill 1000
Enacted into law in 2016, SB 1000 (California Code Section 65302(h)) requires that General Plans
identify disadvantaged communities (DACs) within their jurisdiction and incorporate strategies to
address the needs of those communities. DACs are defined by the State as areas most burdened
by a combination of economic, health, and environmental factors, including poverty, high
unemployment, pollution, and health conditions like asthma and heart disease. Specifically, the
law requires that with the next update to two or more elements of the General Plan on or after
January 1, 2018, a community with a DAC within its jurisdiction must adopt environmental justice
goals, policies, and objectives into the General Plan, considering strategies to reduce pollution
exposure as well as strategies to promote public facilities, food access, safe and sanitary homes,
and physical activity. Further, the environmental justice goals, policies, and objectives must also
promote civic engagement in the public decision-making process and prioritize improvements and
programs that address the needs of DACs. The environmental justice goals, policies, and
objectives may be included in a standalone element or incorporated into other elements of the
General Plan.
To identify DACs, the California Environmental Protection Agency has developed a mapping tool
known as CalEnviroscreen, which is the standard used by State agencies for identifying DACs and
is specifically identified in State law as the minimum requirement for general plans.
CalEnviroscreen considers 20 different indicators related to pollution exposure, health, and socio-
economic factors to rank 8,000 census tracts statewide. Tracts that rank in the 75th percentile
(i.e., the top 25 percent) are classified as DACs. CalEnviroscreen identifies census tract
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Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
6059063604, a small portion of which is located within the City of Newport Beach, as a DAC. The
principal indicators of concern contributing to the classification of this tract as a DAC relate to
hazardous waste, toxic releases, groundwater contamination threats, and housing burden.
The portion of the tract classified as a DAC that is within the City of Newport Beach is located
along West 16th Street and is currently developed with commercial uses. As such, there are no
Newport Beach residents of this DAC; however, according to CalEnviroscreen data, issues related
to water pollution and risk of toxic release also exist in other census tracts within the city.
Therefore, the General Plan Update and its environmental impact report should endeavor to
characterize and address the associated risks, which may be at issue in the part of the DAC within
the City limit as well as in other areas of the city. Given the somewhat anomalous situation
whereby only a tiny, commercial portion of the City is classified as a DAC, it is also advisable to
consult with OPR regarding how best to satisfy the requirements of SB 1000 in the General Plan
Update.
Assembly Bill 2616
Enacted in 2016, Assembly Bill (AB) 2616 authorizes local jurisdictions and the California Coastal
Commission to consider environmental justice factors when deciding on coastal development
permit applications. In response to this new law, the California Coastal Commission formally
adopted an Environmental Justice Policy on March 8, 2019. The Policy identifies coastal access for
disadvantaged communities as a priority and notes that the ongoing statewide housing
affordability crisis "has pushed low-income Californians and communities of color further from
the coast, limiting access for communities already facing disparities with respect to coastal access
and may contribute to an increase in individuals experiencing homeless." Specifically, the Policy
cites the intent of the Commission to "work with local governments to adopt local coastal program
policies that allow for a broad range of housing types including affordable housing, ADUs,
transitional/supportive housing, homeless shelters, residential density bonuses, farmworker
housing, and workforce/employee housing, in a manner that protects coastal resources
consistent with Chapter 3 of the Coastal Act." The Policy also seeks to address a trend in the
conversion of existing visitor -serving coastal facilities to high-cost facilities and expresses the
intent to adopt a strategy for increasing the number and variety of new lower-cost opportunities
along the coast.
Implications for Listen and Learn
CalEnviroscreen provides a wealth of data that can be used to characterize pollution burden in
Newport Beach. In conjunction with other sources of information, this data could be used to
create maps and charts that convey context and inform a discussion about environmental health
and related priorities for the General Plan Update.
The City of Newport Beach has approximately 30 miles of bay and ocean waterfront and about 63
percent of the City is in the Coastal Zone. The City's Local Coastal Program (LCP) was certified with
an effective date of January 30, 2017, and as such the City can now issue Coastal Development
Permits, subject to appeal to the California Coast Commission. Given the implications of AB 2797
discussed previously and the stated aim of the Coast Commission to promote a range of housing
types on the coast, Newport Beach will need to explore options for housing in the coastal zone
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Urban and Regional Planners
while also carefully considering the consequences of sea level rise and climate change on the
vulnerability of coastal residents. Additionally, while the current General Plan does contain
policies that seek to promote public access to the coast (LU 6.19.10 and HB 6.1), there may be an
opportunity to explore enhancing or expanding these as part of the Listen and Learn process.
OTHER ELEMENTS
The focus of this memo is on the recent State laws and their implications for the Newport Beach
General Plan. As such, the review concentrates on portions of the existing General Plan that could
be affected by those laws. The laws discussed above do not have implications for other elements,
but that there may be other circumstances triggering the need for updates to other elements.
City staff will be well placed to identify changes required to other elements and the Listen and
Learn process will uncover other matters of importance to the community that should be
addressed in the General Plan Update.
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