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July 10, 2020
Housing Element Update Advisory Committee
Chairman Tucker and members of the Committee
The City Council established this committee “as a forum for public participation, to guide a
focused update of the Housing, Land Use and Circulations Element of the General Plan”. In
Resolution 2020-21 the City Council also included within the Committees scope “any other
elements deemed necessary”. Included among the Committee’s responsibilities is the
responsibility to make “recommendations to the City Council as necessary”.
I offer the following comments/questions predicated upon existing general plan and land use
regulations.
City staff has had months to evaluate the effect of new housing laws and the draft allocation on
the City and its General Plan. Aa part of this evaluation a General Plan Diagnostic Memo has been
prepared. A consulting team has been retained to assist the City in updating the Housing Element
and related elements. The City Council has recognized the difficulties in complying with recently
enacted housing laws and has identified a 3-pronged approach while moving forward with the
Housing Element update (“resistance”, “legislative relief” and “compliance”).
While the Resolution gives the Committee a broad scope, the Committee in its initial meeting
seems to be focusing its primary effort on accommodating the draft RHNA allocation.
Specifically, identifying where in the City these housing units could be located, then reporting
their conclusions to the City Council. In order to assist the Committee in this initial task the
Committee asked staff for a Project Description, but did not indicate how the public would be
involved in defining the Project Description.
What appears to be the current Housing Element update process cannot be completed by the State
deadline. (The City has until October, 2021 to adopt a Housing element). The apparent path will
take at least 2 years. The City has acknowledged this and asked the State for an extension of time.
The City without public input has embarked on a singular path (compliance) that will cost millions
of taxpayer dollars, which in the end will likely be denied by the voters. Where will the City be
then? The City will have exceeded the State deadline, spent millions of dollars and have no
updated Housing Element to show for its efforts!
Therefore, I ask the Committee to provide clarification to the public on the Housing Element
update process and this Committee’s understanding of its responsibilities to evaluate other General
Plan update issues and alternative paths. If the Committee is unclear, I ask the Committee seek
clarification from the City Council.
What is the strategy/path to successfully update the Housing Element?
Will alternative strategies/paths be considered to update the Housing Element?
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Budget
o Does the Committee have a budget and if so, how much?
o Of this budget, how much comes from the $1.25+ million dollars allocated for the
Housing Element update?
o How much time and taxpayer money should be spent on dead end pursuits?
o How much time and money should be spent to prove to HCD that the City tried and
that it is not feasible for Newport Beach to comply with the RHNA allocation?
o Is the Committee/City willing to spend $1.2+ million dollars + staff time ($$), public
time ($$), cost of putting the updated Housing Element and related elements on the
ballot ($$), create years of voter discontent and have the updated Housing Element
denied by the voters?
Timing/Schedule
o Is there a timeline/schedule to complete the updated Housing Element and other
required elements? If not, will the Committee be developing a timeline/schedule for
the updated Housing Element?
o Public outreach and public input - When in the schedule will the City reach out to voters
and seek their views on the Project Description and Environmental Justice concerns?
o When in the schedule is the draft Housing Element and related elements subjected to
formal CEQA review?
o How long has been allocated by the Committee to achieve its initial task (to locate
APNs to satisfy the RHNA allocation)?
o What is the timeline for developing a Project Description?
Project Description
o Please describe the Project Description you seek.
o What components of a Project Description are needed for the Committee to complete
its initial task?
o How will the public be involved in development of the Project Description?
(Resolution 2020-21, Purpose and Responsibility “A”)
Guidance to City Council, Staff and Consultants
o At what time does the Committee provide recommendations on the feasible path(s)
forward to achieve the update of the Housing Element? (Resolution 2020-21, Purpose
and Responsibility # F. “Make other recommendations to the City Council regarding
the update of the General Plan, as necessary”)
Project Description Notes:
A Project Description for CEQA purposes describes the “whole of the action”. The “whole
of the action” in this case is a draft updated Housing Element and related elements.
Environmental analysis should occur during the formulation of the updated Housing
Element and related elements to reduce adverse environmental impacts prior to completion
of the draft Housing Element and related elements.
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The formal CEQA process should not begin until a draft updated Housing Element and
related elements has been completed. At that time the public and agencies can provide
comments on the Notice of Preparation for the EIR.
The proposed Project involves updates to 2 or more general plan elements and therefore,
must discuss environmental justice in the CEQA process (SB 1000). Environmental Justice
is part of the Safety Element of the General Plan. Analysis of Environmental Justice relies
heavily upon public input.
In answering these questions please consider the following:
Alternative Strategy/Path to Achieve a Successful Housing Element Update
The goal of the City is to continually build upon the accomplishments of the past.
Accomplishments that have made Newport Beach the great City it is today.
There is a path to update the Housing Element by the 2021 deadline which meets the goal of the
City. The path is based on implementing the vision of the current General Plan as expressed by
the voters.
This path will greatly simplify the role of the Committee.
The Housing Element update can be accomplished without amendment to other elements and not
require the preparation of an EIR. The increases will be below the parameters triggering
compliance with Measure S – meaning no vote of the public will be required. The path will save
the taxpayers millions of dollars and needless social turmoil.
This path will require the City to tell the State what they have legislated is not feasible for the City
of Newport Beach and provide justification why it is not feasible.
It is likely if Newport Beach choses this path (resistance), other cities in similar situations to that
of Newport Beach will follow and “legislative relief)”the ultimate solution will be achieved.
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GENERAL PLAN FACTS SHEET
(Source: General Plan - Introduction)
GENERAL PLAN VISION STATEMENT - The statement of the desired character of Newport
Beach by the end of the 20-year horizon of the General Plan.
Achieve the vision by, among many other things, doing the following:
Reducing traffic citywide by 28,920 trips each day over the life of the plan
Reducing potential new commercial, office, and industrial space by 1.45 million square
feet
Supporting efforts to acquire Banning Ranch for permanent open space
Creating and implementing a long term strategy to control John Wayne Airport impacts
Taking strong action to prevent or reduce water pollution in the bay and ocean
Enhancing natural resources such as Upper Newport Bay
Improving circulation by synchronizing traffic lights and making road improvements that
respect our community character
Creating guidelines that preserve the charm and beauty of our residential neighborhoods
Preserving public views of the ocean, harbor and bay
Continuing to provide first-class service to seniors
Continuing to offer education and recreation programs such as Junior Lifeguards
Maintaining a world-class public library system with branches convenient to residents
Promoting revitalization of older commercial areas like West Newport and Balboa Village
Fostering artistic and cultural activities and venues in the community
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Newport Beach Statistics
(Source: 2013 Housing Element)
Population 2012 (Dept of Finance, 2007-12) 85,990
Population per household 2012 (Dept of Finance, 2007-12) 2.2 persons/household
Projected 2020 population (Dept of Finance, 2007-12) 88,722
2020 population growth rate (Dept of Finance, 2007-12) 5.5%
2030 population growth rate (Dept of Finance, 2007-12) 2.1%
Estimated total number of housing units as of January 2012 44,219 du
Residential Densities (Planning Div. 2008) 12 to 22+ du/acre
Percent of owner-occupied housing (1980-2010 US Census) 55%
Percent of rental housing (2010 Census) 45%
Total Employment (2010) 44,109
Infill/Reuse Opportunity Areas 32,237 units
Notes: (Source: General Plan)
“Given the allowed densities of between 30 and 50 dwelling units per acre, the John
Wayne Airport Area has the greatest potential to accommodate development of lower-
income housing in the City.”
Measure S – “In November 2000, the voters of the City of Newport Beach approved a
ballot initiative (Measure S), which is now “Section 423 of the City Charter.” It requires
voter approval of any project that increases density, intensity, or peak hour trip, above
that provided for in the General Plan. Significance is quantified as 100 or more
dwelling units, over 100 peak hour trips, or 40,000 or more square feet of nonresidential
floor area. Charter Section 423 applies exclusively to General Plan amendments.”
Density Bonus – “The granting of a density bonus shall not be interpreted, in and of
itself, to require a general plan amendment, local coastal plan amendment, zoning
change, or other discretionary approval.”
Housing Legislation
Housing legislation including Accessory Dwelling Unit (ADU) legislation will have a significant
adverse impact on the City General Plan (see General Plan Diagnostic Memo). ADUs are
established by law as ministerial, subject only to the issuance of a building permit.
The Housing Element update will require compliance with CEQA. CEQA will identify housing
legislation adopted since the 2013 Housing Element update as part of the existing (regulatory)
setting along with any measures the City has enacted to regulate housing, including ADUs and
Junior ADUs (JADUs).
Below, are the probable effects from just ADU legislation on the General Plan, as well as the likely
conclusions of the CEQA analysis of the Housing Element and other required element updates
triggered by the updated Housing Element.
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Impact of ADU Legislation on the Housing Element Update
Construction of app permitted ADUs will increase the population by approximately 88,438 persons
(Total 2012 household units = 44,219 du X 2 person/ADU = 88,438 persons).
It is reasonable to conclude that all ADUs will not be constructed within the General Plan horizon
year (20 years). One can make the case it will take much longer for this many ADUs to be
constructed. How much longer will need to be based on evidence?
For example:
40-year absorption – this amount of growth included over 2 General Plan update cycles:
1/2 would be constructed this GP cycle = 44,219 persons (equivalent to 220,110 du),
60-year absorption – this amount of growth included over 3 General Plan update cycles:
1/3rd would be constructed this GP cycle = 29,479 persons (equivalent to 14,740 du), or
80-years absorption – this amount of growth included over 4 General Plan update cycles:
1/4th would be constructed this GP cycle = 22,109 persons (equivalent to 11,055 du)
Notes:
These numbers are based on the City’s 2012 population. The numbers do not include
additional population growth since 2012, or projects approved and not yet constructed.
Actual persons/du selected would have to be based on evidence and monitored. Future
General Plan amendments would have to be adjusted based on evidence.
These numbers do not include the draft RHNA allocation,
SCAG may provide partial credit for ADUs constructed against the RHNA allocation.
General Plan:
The City’s overall average is 2.2 persons/du. I assumed above a slightly lower average
of 2 persons/ADU. Whatever number is selected for the density/ADU should be based
on evidence. Note, no JADUs are considered in the total.
Draft 2020 RHNA:
By comparison, the approximate draft RHNA number (4,800 du) = 9,600 persons
(using 2 persons/du) or 10,560 persons if the City average of 2.2 persons/du is used.
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Adverse Environmental Effects to City from ADU legislation:
Increased water consumption
Increased sewer generation
Increased use of motor vehicles, resulting in:
o Increased VMT
o Increased traffic congestion
Decreased availability of public parking spaces
Increased vehicular air quality emissions
Increased GHG emissions
Increased vehicular related noise levels
Increased impact on public educational facilities
Increased solid waste generation
Potential impact on capacity of underground infrastructure (example: sewer and storm drain
systems)
Increased burden on emergency services
Increased population to jobs ratio (population increase/jobs not changed) (impact to economic
trend)
Increased community wide costs: Fee caps - Local governments may only impose connection
fees on a subset of ADUs and limits those fees to the proportionate burden caused by the ADU.
Fees are an important tool for local governments to provide basic infrastructure and quality of
life investments in a community that supports new development. For example, impact fees can
pay for firefighting, facilities, vehicles and equipment to maintain service levels and protect
the lives and property within new structures, including ADUs.
Impact from ADUs on Individual General Plan Elements
The severity of impact will be dependent on the ADU absorption period selected.
Notes: (Source: Office and Planning and Research)
https://opr.ca.gov/docs/OPR_C4_final.pdf)
All elements of a general plan must be internally consistent, the safety element, the
circulation element, and other elements as necessary should be reviewed to ensure
consistency (Gov. Code § 65300.5).
SB 1000 requires local governments to address environmental justice (including air
quality).
The elements and issues should form an integrated, internally consistent plan, and
inconsistencies cannot be remedied by a statement giving one element precedence over the
others (Gov. Code § 65300.5; Sierra Club v. Board of Supervisors of Kern County (1981)
126 Cal.App.3d 698)
Land Use Element – Significant population increase impacting public services, future solid and
liquid waste facilities, educational facilities, disadvantaged communities, local mix of jobs and
housing, economic trends, and infrastructure needs.
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In addition, the City will experience adverse cumulative impacts from the increase in regional
ADUs.
Circulation Element – ADUs are exempt from CEQA and the City TPO. Population increase
will increase the number of cars, increasing traffic volumes on roadways, decrease LOS (traffic
congestion and delay) at some intersections and increase VMT. Increased number of cars will
impact availability of public parking in some areas.
In addition, the City will experience an adverse cumulative impact from the increase in regional
ADUs vehicular use. Cumulative impacts will also include an increase in truck traffic needed to
distribute goods to the increased population.
Historical Resources Element - Increase in public use. No significant adverse impact
Parks and Recreation Element – Increase in public use. No significant adverse impact
Arts and Cultural Element – No significant adverse impact
Safety Element – Added burden on emergency service providers. Additional delay in emergency
response times. Most significant during periods of natural/man-made disasters.
In addition, the City will experience an adverse cumulative impact from the increase in regional
construction of ADUs/population growth.
Existing City-wide Condition:
City emergency service providers unable to evacuate the City on short notice.
o Failure of mutual aid agreements (2018 Woolsey and Paradise fires).1
Change in circumstances since the 2006 General Plan adoption:
Announcement of Public Safety Power Shutoffs2
Climate change information:
o Sea Level Rise3
o Flooding
o Wildfire Hazard4
1 Woolsey (https://lacounty.gov/wp-content/uploads/Citygate-After-Action-Review-of-the-Woolsey-Fire-Incident-
11-17-19.pdf) and Paradise Fires (Note: failure of mutual aid agreements and the video-taped statement from Jeff
Boyles, Newport Beach Fire Chief, that the only thing that saved Newport from the 1993 Laguna Beach Fire was a
last minute change in wind direction)
2 https://www.cpuc.ca.gov/deenergization/
3 https://coast.noaa.gov/digitalcoast/tools/slr.html
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Updated earthquake risk forecast5
Health effects - Increase in adverse air quality and GHG impacts within the LA
Basin from increased population growth
Environmental Justice (NEW)6
Noise Element – Increased vehicular noise levels potentially impacting sensitive receptors, such
as residential uses adjacent to major roadways.
In addition, the City will experience an adverse cumulative impact from the increase in regional
construction of ADUs.
Harbor and Bay Element - Additional pressure on aquatic resources from increased population
density. Potential for increased water quality impacts.
In addition, the City will experience an adverse cumulative impact from the increase in regional
construction of ADUs/population growth.
Housing Element – No direct housing impact (ADUs are not considered dwelling units). Increase
in population density and changed population demographics. Change in City jobs-housing balance
resulting in impacts to economic trends. Like it or not, some ADUs will be illegally used for short-
term lodging which will compound the change in character of some residential communities
(example: beach communities).
In addition, the City will experience an adverse cumulative impact from the increase in regional
construction of ADUs/population growth.
Natural Resources Element – Increased population density and their pets, vehicular traffic, noise
and air quality emissions will place additional pressure on biological resources.
In addition, the City will experience an adverse cumulative impact from the increase in regional
construction of ADUs/population growth.
Other - Quality of Life
ADUs are not considered dwelling units and only pay limited fees at time of construction.
Who will fund the mitigation measures needed to remedy the adverse impacts as these units are
constructed?
5 (Lucy Jones, CalTech/USGS) Link to Shake Alert video presentation, City of Newport Beach, December 2019:
https://newportbeach.granicus.com/MediaPlayer.php?view_id=45&clip_id=3409
6 SB 1000 requires the safety elements of general plans to be updated to address floodplain hazards, fire safety, and
related environmental justice concerns. “jurisdictions with disadvantaged communities” are required to incorporate
environmental justice goals, policies, and programs into their general plan whenever two or more elements of a general
plan are being revised concurrently. https://www.nossaman.com/newsroom-insights-general-plan-environmental-
justice-guidelines-do-they-apply-to-you
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The existing residents and businesses in Newport Beach through higher taxes and fees,
passed on to the residents in the form increased fees and higher overall cost of living.
Higher cost of living will impact low- and middle-class residents; impact Newport’s
tourism industry through higher prices; less parking near the coastal areas; and change
residential makeup of some residential communities through an increase in illegal short-
term rentals and rentals in general.
The 1.25+ Million Dollar Question
Given the 2006 General Plan vision statement which includes:
“Reducing traffic citywide by 28,920 trips each day over the life of the plan” and
“Reducing potential new commercial, office, and industrial space by 1.45 million square feet”.
What realistic hope does the City Council or this Committee have to convince Newport Beach
voters to absorb the significant negative impacts from ADU growth, let alone ADU growth
combined land use, circulation and safety impacts from housing legislation and RHNA growth?
Combine this challenge, with the disclosure to the voters of the additional cumulative impacts to
Newport Beach from similar growth in surrounding areas. Cumulative impacts that will impact
all of Newport Beach, but will be particularly burdensome on low-and middle-class residents.
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