HomeMy WebLinkAbout7.0_2020 Annual General Plan Progress Report and Housing Element Report_PA2007-195
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 4, 2021
Agenda Item No. 7
SUBJECT: 2020 Annual General Plan Progress Report and Housing Element
Report (PA2007-195)
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
RECOMMENDATION
1) Find the preparation, review and submission of the 2020 General Plan Progress
Report 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;
2) Review and comment on the 2020 General Plan Progress Report, including the
Housing Element Annual Progress Report; and
3) Recommend the City Council review and authorize the submittal of the 2020 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.
DISCUSSION
2020 General Plan Annual Progress Report
Government Code Section 65400 and the City’s General Plan Implementation Program
Imp 1.3 require 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, the
Report was prepared pursuant to guidance provided by the 2020 Annual Progress Report
Memorandum issued by OPR on January 25, 2021.
The Report reflects the status of the implementation measures between January 1, 2020,
and December 31, 2020 (“Reporting Period”), and does not reflect changes or updates
which may have been directed in 2021. 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 No. PC 1) includes a
discussion of the status of each General Plan Implementation Program (Appendix A of
PC 1), a comprehensive status on each Housing Element Implementation Program
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2020 Annual General Plan Progress Report and Housing Element Progress Report
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Planning Commission, March 4, 2021
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(Appendix B of PC 1), 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 of
PC 1). 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
2020. 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 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 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 on primarily updating the Housing Element for compliance with State
law, along with preparing a simultaneous update to the Circulation Element to ensure
adequate mobility for the increased housing.
Alongside the January 2020 direction from City Council to focus on updating the Housing
Element, the Housing Element Update Advisory Committee (HEUAC) was formed and
the prior Steering Committee was dissolved. The HEUAC was purposed with ensuring
there is adequate public outreach regarding the update, reviewing the responses received
to the request for proposals for consultant assistance, providing guidance to City staff and
its consultant(s) during the process on the outreach efforts, as well as guidance on
updating goals and policies considering feedback received from the community.
In April 2020, the City Council authorized execution of a professional services agreement
with Kimley-Horn and Associates, Inc. for assistance with the updates. With the onset of
the COVID-19 pandemic, the HEUAC did not meet until July 2020 and held a total of
seven meetings during the reporting period. City staff has worked alongside the HEUAC
to engage the community through virtual public workshops and online activities
throughout the process and is committed to working with HCD to submit a compliant,
adopted Housing Element by the October 2021 deadline.
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2020 Annual General Plan Progress Report and Housing Element Progress Report
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All information regarding the General Plan update efforts including the initiation,
evaluation and process can be found on the City’s webpage at
//www.newportbeachca.gov/gpupdate, as well as the standalone website established for
the effort at www.newporttogether.com.
2020 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.
The annual report requires the City to report all housing applications submitted in 2020
including building permits (Table A in Report) and all housing applications with a net
increase in units approved and finaled in 2020 (Table A2 in Report). The permits approved
that are reported in Table A2 become the most important data for each calendar year as
these units are automatically populated in Table B. 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 would need to be
planned for during the 2014 - 2021 planning period to satisfy housing needs resulting
from projected growth in the region. To accommodate projected growth in the region,
SCAG determined the City’s share of RHNA to be a total of five (5) new dwelling units.
Housing production towards the 5th Cycle RHNA allocation is best summarized by Table
B, which is included in the report and excerpted below. It is important to note that actual
production of housing has exceed the 5th Cycle targets for each income category.
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2020 Annual General Plan Progress Report and Housing Element Progress Report
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Table B Summary - Regional Housing Needs Allocation Progress
Table B Summary: Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
Income
Level
RHNA
Allocation 20141 20151 20161 20171 20182 2019 2020 Total
to Date
Very Low 1 0 0 0 92 1 2 2 97
Low 1 0 0 0 0 0 1 4 5
Moderate 1 0 0 0 0 0 0 2 2
Above
Moderate 2 115 197 186 1087 35 23 101 1,744
Total
RHNA 5 - - - - - - - -
Total
Units
Produced
115 197 186 1179 36 26 109
1,848
The Housing Element portion of the Report also includes status and/or progress of
implementing each Housing Element Program for the Reporting Period (Appendix B of
Report). Appendix B includes a detailed status report of each Housing Element Program.
One highlight of the program implementation in 2020 are the City’s Senior Housing
Assistance Repair Program (SHARP), which continues to successfully assist low-income
seniors. In 2020, Habitat for Humanity and OASIS staff worked on two projects and
expended a total of $15,861. Projects included home weatherization, roof repair and
accessibility modifications. To date, the program has used $228,023 for a total of 11
projects.
Another highlight is significant projects on sites identified as underutilized, including
Uptown Newport, Newport Crossings, Residences at 4400 Von Karman, Newport Airport
Village, Residences at Newport Center, Newport Village Mixed-Use, and 2510 West
Coast Highway. Each of those projects is detailed in the attached report.
Lastly, in 2017 and 2018, the City amended its regulations to permit the development of
Accessory Dwelling Units (ADUs) in single-family residential zoning districts to conform
with changes in State Law. In 2020 additional amendments were made to update the
1 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 92 very-low income units, issued in 2017 for the Uptown Newport
project to ensure proper RHNA credit is given to the City.
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2020 Annual General Plan Progress Report and Housing Element Progress Report
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Planning Commission, March 4, 2021
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City’s regulations on ADUs to be consistent with new State Law. There were 19 ADUs
submitted, 8 ADUs permitted, and 2 ADUs finaled.
The aforementioned highlights demonstrate that the City is committed to compliance with
State Housing Element law and the furtherance of all Housing Element goals and policies.
Environmental Review
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.
Public Notice
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Planning Commission considers the item).
Prepared by: Submitted by:
ATTACHMENTS
PC 1 General Plan Annual Progress Report of 2020
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Attachment No. PC 1
General Plan Annual Progress Report
2020
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CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL
PROGRESS REPORT
2020 CALENDAR YEAR
APPROVED FOR SUBMISSION
MARCH 24, 2021
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THIS PAGE IS INTENTIONALLY LEFT BLANK.
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City of Newport Beach General Plan 2020 Annual Progress Report
3
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 ............................. 13
6. Established priorities for land use decision making for 2019 .................................. 14
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
Appendices
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
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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 2020
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 2020 Annual Progress Report Memorandum
issued by OPR on January 25, 2021.
2. Presentation and acceptance by local legislative bodies
The annual report was presented to the Planning Commission on March 4, 2021,
and the City Council reviewed the report on March 23, 2021. 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.
3. 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
1.1
Ensure that Private Development and Capital
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
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
Consistency with the General Plan ✓
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City of Newport Beach General Plan 2020 Annual Progress Report
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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 Periodically ✓ ✓
8.2 Prepare New Codes, Ordinances, and
Guidelines ✓
9.1 Review City Council Policy Manual for
Consistency with the General Plan ✓
10.1
Maintain Up-to-Date Comprehensive Database
(Data such as built land use and traffic should
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 ✓
14.1
Adjoining Cities
(“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 County ✓
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 ✓
14.7
Coordinate with the California Resources
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) ✓
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Table 1 – Quick Status Update for Each Implementation Program
Programs Ongoing Complete Pending N/A
14.15
Coordinate with United States Postal Service
(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 ✓
16.5
Maintain Consistency with Regional
Jurisdictions (Caltrans and Orange County to
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 ✓
17.1
Maintain and Implement Urban Water
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 Requirements for Residential Developers ✓
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City of Newport Beach General Plan 2020 Annual Progress Report
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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 ✓
30.2
Administer Impact and User Fees (Development
Impact Fees, Park Dedication and In-Lieu Fees,
and Tideland Revenue Fees)
✓
31.1
Consider the Establishment of Community
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 H). 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 2020 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.
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Table A Summary - 2020 Housing Development Applications Submitted
Unit Type
Affordability By Income Total
Submitted Very-Low Low Moderate Above-
Moderate
Accessory
Dwelling
Units
14 23 16 1 54
Single-
Family 0 0 0 175 175
Multi-
Family 91 0 0 579 670
Total 105 23 16 755 899
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 Summary - 2020 Building Activity Summary – Net New Units
Approved Entitlements Building Permits Issued Certificates of
Occupancy Issued
Affordable
Above-
Moderate
Income
Affordable
Above-
Moderate
Income
Affordable
Above-
Moderate
Income
0 0 2 Very Low-
Income (ADU)
4 Low-Income
(ADU0
2 Moderate-
Income (ADU)
101
(90 for
Vivante
Senior
Housing)
1 Very Low-
Income
(ADU)
1 Low-
Income
(ADU)
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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
region, SCAG determined the City’s share of RHNA to be a total of five new
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City of Newport Beach General Plan 2020 Annual Progress Report
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dwelling units. It is important to note that actual production of housing has exceed
the 5th Cycle targets for each income category.
Table B Summary: Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
Income
Level
RHNA
Allocation 20141 20151 20161 20171 20182 2019 2020 Total to
Date
Very Low 1 0 0 0 92 1 2 2 97
Low 1 0 0 0 0 0 1 4 5
Moderate 1 0 0 0 0 0 0 2 2
Above
Moderate 2 115 197 186 1087 35 23 101 1,744
Total RHNA 5 - - - - - -
Total Units
Produced 115 197 186 1179 36 26 109 1,848
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. Appendix B includes a detailed status
report of each Housing Element Program. Some highlights of the program
implementation in 2020 are the following:
• The City’s Senior Housing Assistance Repair Program (SHARP) continues to
successfully assist low-income seniors. In 2020, Habitat for Humanity and
OASIS staff worked on two projects and expended a total of $15,861. Projects
included home weatherization, roof repair and accessibility modifications. To
date, the program has used $228,023 for a total of 11 projects.
The City has significant projects on sites identified as underutilized:
• Uptown Newport - approved in February 2013, for the construction of up to 1,244
residential units, 11,500 square feet of retail commercial, and 2.05 acres of park
1 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 92 very-low income units, issued in 2017 for
the Uptown Newport project to ensure proper RHNA credit is given to the City.
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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 92 affordable units) were
completed and finaled in 2019. In 2020, a minor site development review was
approved for 30 residential condominium units, also a part of Phase One. Building
permits have not yet been issued.
• Newport Crossings Mixed-Use project - Located on a site identified as
underutilized. The Newport Crossings Mixed-Use project is located on a site
identified as underutilized. The project was submitted in 2017 and approved by the
Planning Commission on February 21, 2019. The project includes the development
of 350 residential apartment units, including 78 units affordable to low-income
households. The plan check for construction drawing review was submitted on
November 17, 2020, with building permit issuance expected in Summer 2021.
• Residences at Von Karman - In 2020, the former Koll Center Residences project
was actively reviewed under a new project submittal called The Residences at
4400 Von Karman. The request consists of rezoning nonresidential property to
mixed-use land uses, including up to 260 residential units plus an allowance for
density bonus units up to a total of 312 units (13 Very-Low Income units). On
November 5, 2020, the Planning Commission considered the project and
recommended approval to the City Council. The City Council approved the project
on February 9, 2021, outside the reporting period.
• Newport Airport Village - A General Plan Amendment, Planned Community
Development Plan (PCDP), and a Development Agreement that would allow for
the future redevelopment of the 16.46-acre property with up to 444 dwelling units
(329 base units and 115 density bonus units) and 297,572 square feet of retail,
office, and other airport supporting uses. The project was approved by City Council
on September 22, 2020.
• Residences at Newport Center – Redevelopment of an underutilized commercial
site in Newport Center to develop 28 condominiums. The project was submitted to
the City in February 2020 and the application was deemed complete in December
of 2020. The City is currently preparing the draft environmental impact report for
public distribution in the spring of 2021.
• Newport Village Mixed Use – Redevelopment of underutilized commercial sites for
a new mix-use development including 14 residential condominiums and 108
Apartments on the North and South sides of West Coast Highway The project was
submitted in 2017 and has undergone several design revisions. In 2020, the City
reviewed revised plans and continued preparation of the draft environmental
impact report. The applicant and consultant prepared multiple technical studies for
review. The City anticipates public release of the draft EIR in mid to late 2021.
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City of Newport Beach General Plan 2020 Annual Progress Report
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• 2510 West Coast Highway - In December 2019, an application was submitted for
a new mixed-use development located at 2510 West Coast Highway to redevelop
existing underutilized commercial sites. The project includes the development of
35 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), a development waiver
for building height and a waiver regarding the unit mix. The project was approved
by the City’s Planning Commission on February 18, 2021, and the City Council will
be reviewing the decision.
• In 2017 and 2018, the City amended its regulations to permit the development of
Accessory Dwelling Units (ADUs) in single-family residential zoning districts to
conform with changes in State Law. In 2020 additional amendments were made to
update the City’s regulations on ADUs to be consistent with new State Law There
were 19 ADUs submitted, 8 ADUs permitted, and 2 ADUs finaled.
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 2020.
Table G Summary - Locally Owned Lands Included in the Housing Element
Sites Inventory that have been sold, leased, or otherwise disposed of
pursuant to Government Code Section
This table does not apply to Newport Beach because the City does not have any
eligible projects in 2020.
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Table H Summary - Locally Owned or Controlled Lands Declared Surplus
Pursuant to Government Code section 54221, or Identified as Excess
Pursuant to Government Code section 50569
This table does not apply to Newport Beach because the City does not have any
eligible land in 2020.
AB2345 New Reporting Requirements pursuant to Government Code
Section 65400 L.(i)(ii)(iii)
The new section will require additional forms included in the HCD mandatory excel
spreadsheets in the 2021 Annual Report. For 2020, the City provides the following
to implement the new reporting requirements:
2020 Density Bonus
Projects
Unit
Breakdown
Incentives or
Concessions
Status
Residences at 4400 Von
Karman project
260 base
density units
and 52
density bonus
units (35%)
totaling 312
units; 13
Very-Low
Income units
will be
provided
Unit mix allowing a
greater number of studio
and one bedroom units
than the entire project.
On November 5, 2020,
the Planning
Commission
recommended approval
to the City Council. City
Council approval
occurred on February 9,
2021, outside the
reporting period.
2510 West Coast Highway –
A new mixed-use project
26 base
density units
and 9 bonus
density units
(35%) totaling
35 units; 3-
Very-Low
Income will
be provided
development waiver for
building height and a
waiver regarding the unit
mix
project approved by the
City’s Planning
Commission on February
18, 2021, with the City
Council to review the
decision.
Newport Airport Village
project
329 base
density units
and 115
density bonus
units (35%)
totaling up to
of 444
units; 11% of
final project
will provide
very-low-
income
households.
Legislative approvals
including a general plan
amendment, zoning
regulations and a
development agreement
only.
Approved by City Council
on September 22, 2020.
The development will still
have to go through a
future Site Development
Process after the project
is designed.
20
City of Newport Beach General Plan 2020 Annual Progress Report
13
5. General Plan compliance with OPR’s General Plan Guidelines
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). A Circulation Element update is currently
being prepared in conjunction with an update to the Housing Element and
will be compliant with OPR’s Guidelines once adopted.
• The Safety Element does not fully address Climate Change as required by
Government Code Section 65302(g). The City will 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. As the City is
presently updating its Circulation Element and Housing Element,
Environmental Justice policy considerations are being included in the
updated elements and will also be included in subsequent updated
elements, as appropriate.
• In addition, the Housing Element must be also be updated for the 6th cycle
(2021-2029) Planning Period, which is due in October 2021. The City is in
the process of updating the Housing Element and will meet the statutory
deadline.
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. In January 2020, after the
21
14
release of the draft Regional Housing Needs Assessment (RHNA) allocations, the
City pivoted its efforts away from a comprehensive update to focus on the
Circulation Element and Housing Element. This re-focus was necessary to ensure
the City is able to meet the October 2021 deadline for Housing Element Update
adoption. The City intends to begin working with the community to update the
balance of the General Plan later this year after the current efforts are completed.
6. Established priorities for land use decision making for 2020
In 2020, 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). On, March 10, 2020, the City adopted Ordinance No. 2020-9,
amending Newport Beach Municipal Code (NBMC) Title 20 to conform with
revisions to Government Code Sections 65852.2 and 65852.22. In addition, on
April 10, 2020, staff submitted amendments to NBMC Title 21 (Implementation
Plan of the Local Coastal Program) to the California Coastal Commission
incorporating the revised ADU regulations. The Title 21 amendments remain under
review to date.
Title 17 (Harbor Code) Update (Implementation Program 8.1)
Following extensive review by the Harbor Commission and community stakeholder
input during the prior year, recommended updates to Title 17 of the NBMC (with
the exception of the code section associated with Marine Activities Permits) were
advanced to the City Council for consideration at the February 11, 2020 City
22
City of Newport Beach General Plan 2020 Annual Progress Report
15
Council meeting where they were largely adopted. Continuing into 2020, the
Harbor Commission developed additional recommended updates to Title 17 code
sections governing live aboard activities within private commercial marinas and
Marine Activities Permits (issued to water-based businesses in the harbor). These
recommendations were later advanced to City Council for consideration, where
they were subsequently adopted (at the November 10, 2020 Council meeting for
the live aboard provisions, and the January 26, 2021 Council meeting for the code
provisions regarding Marine Activities Permits).
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)
The City continues to fine-tune a 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)
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.gov/chartersection423.
23
16
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/developmenttransfertables.
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 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 on primarily updating the Housing
Element for compliance with State law, along with preparing a simultaneous
update to the Circulation Element.
Alongside the January 2020 direction from City Council to focus on updating the
Housing Element, the Housing Element Update Advisory Committee (HEUAC)
was formed. The HEUAC was purposed with ensuring there is adequate public
outreach regarding the update, reviewing the responses received to the request
for proposals for consultant assistance, providing guidance to City staff and its
consultant(s) during the process on the outreach efforts, as well as guidance on
updating goals and policies considering feedback received from the community.
24
City of Newport Beach General Plan 2020 Annual Progress Report
17
In April 2020, the City Council authorized execution of a professional services
agreement with Kimley-Horn and Associates, Inc. for assistance with the updates.
With the onset of the COVID-19 pandemic, the HEUAC did not meet until July 2020
and held a total of seven meetings during the reporting period. City staff has
worked alongside the HEUAC to engage the community through virtual public
workshops and online activities throughout the process and is committed to
working with HCD to submit a compliant, adopted Housing Element by the October
2021 deadline.
All information regarding the General Plan update efforts including the initiation,
evaluation and process can be found on the City’s webpage at
//www.newportbeachca.gov/gpupdate, as well as the standalone website
established for the effort at www.newporttogether.com.
25
1
APPENDIX A. GENERAL PLAN IMPLEMENTATION PROGRAM STATUS
PROGRAMS STATUS
1.1 Ensure that Private
Development and
Capital
Improvements are
Consistent
with the General
Plan
Ongoing
1. All private development projects require consistency with the General Plan. Consistency is ensured through
application of zoning requirements. Discretionary applications require the adoption of a finding that the project is
consistent with the General Plan based upon facts.
2. In June 2020, 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
the General Plan to
Reflect Changing
Conditions and
Visions
Ongoing
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 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 on primarily updating the Housing Element for
compliance with State law, along with preparing a simultaneous update to the Circulation Element.
Alongside the January 2020 direction from City Council to focus on updating the Housing Element, the Housing
Element Update Advisory Committee (HEUAC) was formed. The HEUAC was purposed with ensuring there is
adequate public outreach regarding the update, reviewing the responses received to the request for proposals for
consultant assistance, providing guidance to City staff and its consultant(s) during the process on the outreach efforts,
as well as guidance on updating goals and policies considering feedback received from the community. In April 2020,
26
2
PROGRAMS STATUS
the City Council authorized execution of a professional services agreement with Kimley-Horn and Associates, Inc. for
assistance with the updates. With the onset of the COVID-19 pandemic, the HEUAC did not meet until July 2020 and
held a total of seven meetings last year. City staff has worked alongside the HEUAC to engage the community through
virtual public workshops and online activities throughout the process and is committed to working with HCD to submit a
compliant, adopted Housing Element by the October 2021 deadline.
All information regarding the General Plan update efforts including the initiation, evaluation and process can be found
on the City’s webpage at //www.newportbeachca.gov/gpupdate, as well as the standalone website established for the
effort at www.newporttogether.com
1.3 Prepare Annual
General Plan
Progress and
Housing Element
Implementation
Reports
Ongoing – 2019 report completed and submitted; 2020 report pending
The Annual Report for 2019 was reviewed by the City Council and submitted to the Governor’s Office of Planning and
Research (OPR) and State of California Department of Housing and Community Development (HCD) in April 2020.
Implementation Program 1.3 also states that that the report must specify the degree to which the General 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 42 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. As discussed in prior sections, the current update efforts
shifted to a focus on the Housing and Circulation Elements. The remaining elements will be reviewed and updated
once the current efforts are concluded and the City has provided a certifiable Housing Element to HCD.
2.1
Amend the Zoning
Code for
Consistency with
the General Plan
Complete
Comprehensive Zoning Code Update, consistent with the General Plan, was adopted by City Council in October 2010.
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3
PROGRAMS STATUS
3.1 Preparation of New
Specific Plans
Not Applicable in 2020
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.
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4
PROGRAMS STATUS
4.1 New “Planned
Community”
Development Plans
Ongoing
• 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 92 affordable units) were completed and received
final inspection in 2019. In 2020, a minor site development review was approved for 30 residential condominium
units, also a part of Phase One. Building permits have not yet been issued.
• Residences at 4400 Von Karman – In 2020, the former Koll Center Residences project was actively reviewed
under a new project submittal called The Residences at 4400 Von Karman. The request consists of rezoning
nonresidential property to mixed-use land uses, including up to 260 residential units plus an allowance for
density bonus units up to a total of 312 units (13 Very-Low Income units). On November 5, 2020, the Planning
Commission considered the project and recommended approval to the City Council.
• Back Bay Landing - 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 is temporarily on hold.
• Newport Airport Village - A General Plan Amendment, Planned Community Development Plan (PCDP), and a
Development Agreement that would allow for the future redevelopment of the 16.46-acre property with up to
444 dwelling units (329 base units and 115 density bonus units) and 297,572 square feet of retail, office, and
other airport supporting uses. The project was approved by City Council on September 22, 2020.
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5
PROGRAMS STATUS
5.1 Review and Revise
Coastal Land Use
Plan for
Consistency with
the General
Plan
Complete and Ongoing
The Coastal Land Use Plan (CLUP) was amended to be consistent with the 2006 General Plan in 2009. When the City
approves an amendment of the General Plan that affects property in the Coastal Zone, the City prepares 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
Subdivision
Ordinance for
Consistency with
the General Plan
Complete
The Subdivision Code was reviewed and updated in 2009 and 2010 consistent with this program.
7.1 Review Building
and Construction
Code for
Consistency with
General Plan
Ongoing
Every three years the City’s Building and Construction Codes are updated to incorporate changes to the California
Building and Fire Codes. In late 2019 updated Building and portions of the Fire Code were adopted by the City and
were effective starting January 1, 2020, as required by State Law. Amendment to Chapter 49 (Wildland) of the Fire
Code was adopted in February 2020.
7.2 Revise Fair Share
Traffic Contribution
Ordinance
Partially Complete
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
Transportation
Demand Ordinance
Complete
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
Ordinances for
Consistency with
the General Plan
and
Update Periodically
Complete and Ongoing
Codes and Ordinances are revised for consistency with the General Plan on an as-needed basis. The Zoning Code
was comprehensively updated in 2010, and Subdivision Code was updated in 2009 and 2010 for consistency with the
General Plan. The following are specifically recommended (sections from the Implementation Measure are italicized):
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 – Following extensive review
30
6
PROGRAMS STATUS
by the Harbor Commission and community stakeholder input during the prior year, recommended updates to Title 17 of
the NBMC (with the exception of the code section associated with Marine Activities Permits) were advanced to the City
Council for consideration at the February 11, 2020 City Council meeting where they were largely adopted. Continuing
into 2020, the Harbor Commission developed additional recommended updates to Title 17 code sections governing live
aboard activities within private commercial marinas and Marine Activities Permits (issued to water-based businesses in
the harbor). These recommendations were later advanced to City Council for consideration, where they were
subsequently adopted (at the November 10, 2020 Council meeting for the live aboard provisions, and the January 26,
2021 Council meeting for the code provisions regarding Marine Activities Permits).
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 point 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, which 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. Staff is in the process of modifying the Harbor Standards to match the LCP requirements in 2020 with
Council review anticipated in Spring 2021.
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.
e) Standards and incentives to modestly expand and preserve smaller nonconforming residential cottages to maintain
neighborhood compatibility and consistent with General Plan Policy LU1.1 (Unique Environment)- Amendments to the
Local Coastal Program (Coastal Land Use Plan and Implementation Plan), Newport Beach Municipal Code (NBMC)
Title 20 (Planning and Zoning), and Title 15 (Building and Construction) to provide an option to preserve traditional
beach cottages. Typically, cottages do not provide all the code-required parking and additions are limited to 10 percent
of the existing floor area. The amendments would allow larger additions of up to 50 percent of the existing floor area
without providing the minimum code-required parking when the project would result in the preservation of the cottage
character and building envelope that is representative of traditional development patterns in the City. Eligible projects
would also receive relief from a building code valuation threshold requiring building code compliance as new
construction.
f) Standards for single unit and two unit residential buildings was reviewed and updated consistent General Plan
31
7
PROGRAMS STATUS
Policies LU 5.1.5, (Character and Quality of Single-Family Dwellings) LU 5.1.9(Character and Quality of Multi-Family
Residential). on July 31, 2020, at the City’s request, the California Department of Housing and Community
Development issued a letter to the City finding that upon review of the Zoning Code Amendment, the revisions do not
trigger the Housing Crisis Act “less intensive use” (SB330) provisions of Section 66300(b)(1)(A). Under the Zoning
Code Amendment, each lot will maintain the same allowed height limits, building setbacks, and floor area limits as
previously entitled, and the application of third floor and open volume regulations would not preclude the ability for a
homeowner to achieve the same development intensity.
8.2 Prepare New
Codes, Ordinances,
and Guidelines
Ongoing
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):
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 did 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 did not currently
apply to Two-Unit Residential, Balboa Island (R-BI) and the Multiple Residential (RM) zoning districts. On November 24,
2020, the City Council adopted Ordinance No. 2020-28 amending the residential design standards to reduce the bulk and
mass associated with future single-unit and two-units developments by clarifying the definition of gross floor area,
regulating covered third floor decks, and expanding the application of third floor area and open volume standards.
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 future comprehensive General Plan
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8
PROGRAMS STATUS
update. 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.
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). On, March 10, 2020, the City adopted Ordinance No. 2020-9, amending Newport
Beach Municipal Code (NBMC) Title 20 to conform with revisions to Government Code Sections 65852.2 and
65852.22. In addition, on April 10, 2020, staff submitted amendments to NBMC Title 21 (Implementation Plan of the
Local Coastal Program) to the California Coastal Commission incorporating the revised ADU regulations. The Title 21
amendments remain under review to date.
9.1 Review City Council
Policy Manual for
Consistency with
the General Plan
Ongoing
In 2020, the following City Council Policies were reviewed and amended: F-1, K-3 and A-1.
10.1 Maintain Up-to-Date
Comprehensive
Database
(Data such as built
land use and traffic
should be updated
on a continuing
basis, while data
that is stable, such
as seismic hazard
zones, can be
updated on a less
frequent basis)
Ongoing
The City’s Geographical Information System (GIS) data is updated regularly to provide up-to-date parcel-specific
information including specific lot information (agreements), 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.
33
9
PROGRAMS STATUS
10.2 Maintain
Development
Tracking and
Monitoring Program
Ongoing
The City continues to fine-tune a parcel-specific database that accounts for all existing 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.gov/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.gov/developmenttransfertables
11.1 CEQA Review
Development and
Entitlement
Applications
Ongoing
All private and public development projects and programs defined as a “project” pursuant to the California
Environmental Quality Act (CEQA) are reviewed in compliance with the Act.
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12.1 Evaluate Fiscal
Benefits of Large
Development
Proposals and
Annexations
Ongoing
In 2020, Applied Development Economics, Inc., on behalf of the City, prepared a fiscal impact analysis for the Newport
Airport Village Housing Project and the project was approved.
No annexations have been proposed.
12.2 Maintain and
Update Fiscal
Impact Model
Ongoing
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
Development
Agreements
Ongoing
The City requires Development Agreements for projects in accordance with Chapter 15.45 of the Municipal Code and
where required by the General Plan. In 2020, The Newport Airport Village housing project for up 444 dwelling units was
approved including a Development Agreement (Ordinance No. 2020-23). The following projects were in the
discretionary review process within 2020 and include Development Agreements: Newport Airport Village Planned
Community DA2020-001 and the Residences at 4400 Von Karman DA2020-002.
14.1 Adjoining Cities
(“Borders
Committees” to
collaborate with the
cities of Irvine,
Huntington Beach,
and Costa Mesa)
Ongoing
The City continuously collaborates with neighboring cities as projects/issues warrant but there currently is not an
established committee.
On November 24, 200 the City Council approved the Memorandum of Understanding between the Cities of Costa
Mesa and Newport Beach for the funding, development, and Shared Use of a Temporary Homeless Shelter Facility. A
shared shelter would enable both agencies to provide services to their respective homeless populations without
duplicating efforts and thus better leveraging their respective resources.
14.2 Coordinate with
School Districts
Ongoing
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
Orange County
Ongoing
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
Orange County
Transportation
Authority (OCTA)
Ongoing
The Public Works Director is on the Technical Advisory Committee (TAC), which meets monthly and consists of 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. Additionally, Staff attends OCTA Traffic Forums along with other Orange County agencies on
a biannual basis to discuss regional traffic items and traffic signal synchronization.
14.5 State of California
Department of
Housing and
Community
Development
(HCD)
Ongoing
The 2020 General Plan Annual Progress Report, including the Housing Element Report, was sent to HCD in April
2020.
14.6 Coordinate with
California Coastal
Commission
Ongoing
• 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. The Coastal Commission certified the amendment in September
2020 with suggested modifications. The City Council accepted those suggested modifications on February 23,
2021, by adopting Ordinance No. 2021-4.
• 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
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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 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 from 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 is 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 by July 1,
2023.
• Western Snowy Plover (WSP) Habitat Management Plan – 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 with
a resubmittal of the plan to the Commission expected in the Spring of 2021.
• 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
California
Resources Agency,
Department of Fish
and Game (now
known as California
Department of Fish
and Wildlife)
Ongoing
1. Planning and Public Works staff routinely communicates with California Department of Fish and Wildlife with
regards to the management of Upper Buck Gully and the upper Newport Bay.
2. Recreation and Senior Services staff continues to work as a partner with the University of California, Irvine;
Orange County Public Health; OC Parks; California Department of Fish and Wildlife; and the Back Bay Science
Center.
14.8 Coordinate with the
California
Department of
Parks and
Recreation
Ongoing
The City, through its Natural Resource Division of the Recreation and Senior Services Department, coordinates with
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 2020 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 very minimal outreach and education activities due to the COVID-19
pandemic. Throughout the pandemic, natural resource staff engaged with the public, at our tidepool areas within
the Marine Protected Area, in order to discourage illegal collecting and educate visitors about the rules of the
protected area.
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 400 students scheduled to attend, but only one week of programming was completed before the
program being cancelled due to the COVID-19 pandemic. Forty students attended in total.
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14.9 Coordinate with the
California
Department of
Transportation
(“Caltrans”)
Ongoing
The City’s Public Works Department coordinates with Caltrans on an as-needed basis for the review of improvements
to the State Highway System or impacts on the system by development, construction and/or special events:
• 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 will be monitored through 2021.
14.10 Transportation
Corridor Agencies
(TCA)
Ongoing
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
Utilities
Commission
(CPUC)
Ongoing
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 23rd 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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PROGRAMS STATUS
14.12 Coordinate with
United States Army
Corps of Engineers
(“Corps”)
Ongoing
1. Public Works staff continues to coordinate with the Corps on the City’s “Newport Specific Eelgrass Plan” – an
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 the end of 2021. 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 substantially completed July 2019. 120-day plant establishment period
completed November 2019. Project is now in its second year of maintenance per the requirements of the
Monitoring and Maintenance Report Plan.
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. Project start: September 1, 2020. Substantially complete: December 26, 2020.
The 120-day plant maintenance and establishment period will be completed on April 15, 2021.
5. Big Canyon Restoration – Phase 3 (formerly called Phase 2B/C). This proposed project at the mouth of Big
Canyon Nature Park a 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. A design consultant has been selected
and is expected to be under contract by March 2021. Proposed project start: April 15, 2023. Substantially
complete, December 1, 2023.
6. Newport Bay Interceptor (formerly call the Trash Wheel) – The Trash Interceptor 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.
The project is in design. Project start: April 1, 2023. Substantially complete in September 30, 2024.
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PROGRAMS STATUS
14.13 Coordinate with
United States Fish
and Wildlife Service
Ongoing
Big Canyon Habitat Restoration and Water Quality Improvement Project – Phase 2A and Phase 3 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 December
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 and the California Coastal Commission has occurred and will continue to occur for the preparation of a
revised draft plan.
14.14 Coordinate with
Environmental
Protection Agency
(EPA)
Ongoing
The City coordinates with the U.S. EPA in collaboration with other resource agencies in the protection of terrestrial 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
United States
Postal Service
(USPS) (for the
relocation of
Mariners’ Mile
distribution facility)
Ongoing
The USPS distribution facility was relocated to Santa Ana and Anaheim. The USPS maintains a location in the
Mariners’ Mile area offering typical retail mail services.
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)
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PROGRAMS STATUS
• California State Parks
• National Marine Fisheries Service
15.1 Encourage
Annexation of
Banning Ranch
Prior to
Development
Ongoing
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).
16.1 Improve Arterial
Streets and
Highways
According to
Classification
Ongoing
West Coast Highway (SR-1) and Old Newport Boulevard Intersection Improvements – The project will improve West
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) is approved. The City is currently working with Caltrans on 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 the City Council conceptually approved the project in December 2019. The final
design was approved by the Newport Beach Zoning Administrator in December 2020; however, the approval is on
appeal to the Planning Commission scheduled for a hearing in March 2021.
16.2 Monitor Traffic
Conditions and Plan
for and Fund
Improvements
Ongoing
1. Traffic Engineering Staff continues to operate the Traffic Management Center to monitor and respond to traffic
issues during and after normal work hours, Holidays, peak summer season, special events and construction
projects.
2. Traffic Signal Rehabilitation Programs (see Program 16.4)
3. Installation of additional CCTV Cameras includes field surveillance cameras for integration into the City Traffic
Management Center to monitor and change the traffic signal system depending on traffic conditions.
16.3 Construct Street
and Highway
Improvements
Ongoing
Staff continues to work with Caltrans regarding the design to improve 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) is approved. The City is currently working with Caltrans on Right-Of-Way acquisition.
The City maintains the Pavement Management Plan and performs roadway pavement resurfacing projects to maintain
roadways at a high level. Roadways are improved through replacement of deteriorated roadways surfaces with new
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PROGRAMS STATUS
concrete or asphalt, including new traffic striping and traffic sign cleanup. Local and neighborhood streets are
maintained through the annual roadway slurry signal program.
16.4 Monitor Roadway
Conditions and
Operational
Systems
Ongoing
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 will be monitored through 2021.
• The City has teamed up with the Orange County Transportation Authority (OCTA) and the City of Irvine to
update traffic signal communication, control equipment and coordination along MacArthur Boulevard, Bonita
Canyon Drive and Ford Road through the Measure M2 grant-funded projects. These projects are being led by
the City of Irvine and are in the Design phase.
• The City has deployed devices and is actively monitoring the flow of traffic on the Peninsula, Coast Highway,
and in East Newport, to monitor, allowing for quicker traffic signal outage response and refined traffic signal
timing.
16.5 Maintain
Consistency with
Regional
Jurisdictions
(Caltrans and
Orange County to
provide adequate
roadway
infrastructure plans
and design
standards such as
the Orange County
Master Plan of
Arterial Highways)
Ongoing
The City monitors the regional Arterial Program, OCTA’s Master Plan, and the Countywide traffic model to ensure
consistency. Public Works staff coordinates with regional jurisdictions on an as-needed basis. Public Works staff is
currently working with the Orange County Council of Government (OCCOG), Technical Advisory Committee (TAC),
and the Southern California Association of Governments (SCAG) in reviewing the Orange County Complete Streets
Initiative Design Manual.
16.6 Local/Neighborhood
Access Roads
Ongoing
Public Works staff works with local neighborhood groups on an as-needed basis when traffic issues arise. The City
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PROGRAMS STATUS
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.
The City maintains the Pavement Management Plan and performs roadway pavement resurfacing projects to maintain
roadways at a high level. Roadways are improved through replacement of deteriorated roadways surfaces with new
concrete or asphalt, including new traffic striping and traffic sign cleanup. Local and neighborhood streets are
maintained through the annual roadway slurry signal program.
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 Program will rehabilitate the Irvine Avenue/University Drive, Superior
Avenue/Hospital Road, San Miguel Road/Port Ramsey Place, Placentia Avenue/15th Street, MacArthur
Boulevard/Bonita Canyon Drive and Newport Coast Drive/San Joaquin Hills Road traffic signals. 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.
2. Installation of a new traffic signal at Southbound Newport Boulevard/28th Street to improve traffic, pedestrian
mobility and to facilitate emergency vehicle egress from the future Fire Station. Construction of this project is
planned for completion in Spring 2021.
3. Pedestrian improvements at Balboa Blvd/28th Street and Southbound Newport Boulevard/26th Street intersections
including updated pedestrian warning signs, new streetlights and curb extensions. Construction of this project is
planned for completion in Spring 2021.
16.8 Provide Public
Transportation
Ongoing
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.
For two years, 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 July 4, making 22 stops along the peninsula. Funding from OCTA to continue the program
is available for up to six years, subject to the City meeting ridership minimums and at the discretion of the City Council.
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PROGRAMS STATUS
In its second summer (2019), 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. During 2020, the shuttle service was put on pause due to the
COVID-19 pandemic. City staff has worked collaboratively with OCTA staff to make sure funding is maintained for
future years to resume the program.
16.9 Manage Truck
Operations
Ongoing
Trucks are required to obtain a Haul Route Permit through the Public Works Department and are required to use
designated haul routes.
16.10 Improve Parking
Supply and
Management
Ongoing
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. On February 23, 2021, the
City Council approved modifications to the Balboa Village overlay provided by the California Coastal Commission with
final certification and implementation anticipated in the coming months. Building off the Balboa Village effort, the City
Council recently directed staff to study the development of Parking Management Overlay Districts in other activity
nodes within the City. The City anticipates retaining a parking consulting firm to assist with this effort and will be
studying other parking management tools such as curbside management and code updates to address the increase in
rideshare and other alternative forms of transportation.
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PROGRAMS STATUS
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
Transportation
Complete
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.
17.1 Maintain and
Implement Urban
Water Management
Plans and
Encourage
Conservation
Ongoing
Historical Droughts followed by tremendous rains that fell in winter 2019-20 created many challenges for water
planning and its long-term use. These drought periods followed by wet winter months seem to be the new normal.
Therefore, long-term Water Use Efficiency/Conservation Bills (SB 606 (Hertzberg) and AB 1668 (Friedman)) were
signed into law by former-Governor Brown in May 2018. These Bills establish water use objectives, standards and
reporting 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 focus 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 may include a target 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:
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PROGRAMS STATUS
• 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.
It is anticipated commercial water use estimate allocations will be calculated on a three-year running average. The
SWRCB is looking to proscribe an irrigable area whereby assigning an allocation for such land uses.
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.
• 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
Implement Sewer
Master Plan
Ongoing
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
Drainage Facilities
Ongoing
Storm drain facility improvements estimated at $6M. Projects include:
1. The Arches Diversion Project – Construction completed
2. Big Canyon Project Phase 2A and 2B– Construction completed
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PROGRAMS STATUS
3. Newport Dunes Diversion Upgrade Project – Design completed
4. Installed 435 Connector Pipe Screens – Completed
5. Street sweeping program consisted of 36,020 curb miles swept, removing 4,578 tons (dry) of debris.
6. The City’s 86 tidal valves are operated/maintained on a regular basis.
7. Two and a half miles of channel and 3,329 catch basins were cleaned, yielding 150 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.
20.1 Design, Fund, and
Construct
Streetscape
Improvements
Ongoing
Lido Village:
▪ 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 the summer of 2019, the trolley service was in
operation. However, due to the global pandemic, the trolley service was cancelled for the summer of 2020.
▪ In 2019, several streetscape improvements were installed including refreshed landscaping, new decorative
pots, new trashcans, and new bike racks. This project Balboa Village Streetscape Improvements received a
Notice of Completion on July 9, 2019. Contract No. 7489-1.
▪ In 2020, new wayfinding signage was installed throughout the Village to help visitors traverse the area and
identify key landmark locations, such as the Balboa Island Ferry.
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PROGRAMS STATUS
20.1 Design, Fund, and
Construct
Streetscape
Improvements
(continued)
Ongoing
West Newport Revitalization:
▪ The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the preparation of a
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.
▪ 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 62nd Street to Newport Boulevard commenced in 2020. The West Coast Highway
Median Landscaping Phase 2 received Notice of Completion on September 8, 2020. Contract No. 7189-2.
20.2 Design, Fund, and
Construct
Waterfront
Promenade
On Hold
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
Public View Sites
Ongoing
The construction documents for the Superior Ave Pedestrian/Bicycle Bridge and Parking Lot project is currently being
developed. Staff is in the process of procuring the Coastal Development Permit and Caltrans Encroachment Permit.
The City was successful in securing grant funding for environmental and design services for the West Coast Highway
Intersection Widening and Pedestrian Bridge Project. Conceptual design for the West Coast Highway project began in
late 2020.
21.1 Review and Update
Harbor and
Tidelands
Improvement Plans
Ongoing
The Tidelands Capital Plan (TCP) was originally implemented in 2012. The TCP is now called the Harbor Capital
Project Planning Tool and is a living document that is updated and refined by staff throughout the year.
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PROGRAMS STATUS
21.2 Develop Harbor
Area Management
Plan (HAMP)
Complete
In November 2010, the City Council approved the HAMP.
21.3 Events
Management and
Programs
Ongoing
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. City staff usually
teams up with the Orange County Water District to provide education on how to protect our coast and waterways from
trash at the Children’s Water Education Festival, however due to Covid-19, the festival was cancelled and rescheduled
for Spring 2021.
21.4 Harbor Operations
and Management
Ongoing
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.
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
Enhance Police and
Fire Facilities
Ongoing
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.
23.1 Maintain and
Update Parks and
Recreation Facility
Plans
Ongoing
The Recreation and Senior Services Department reviews the status of the park system on an ongoing basis and
improvements are recommended in the City’s annual Capital Improvement Plan.
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PROGRAMS STATUS
23.2 Maintain and
Improve Parks and
Recreation
Facilities
Ongoing
In 2020, the following accomplishments were achieved:
1. Ongoing maintenance of existing facilities;
2. Renovation of Grant Howald Park- Construction began and is 60% complete;
3. Newport Island Park renovation completed;
4. Irvine Terrace and 2 West Newport Park tennis courts resurfaced;
5. Cliff Drive basketball court resurfaced;
6. Upgrades of surfacing and/or play equipment at Bob Henry, Mariners and Newport Shores Parks;
7. Site plan developed for Newport Beach Junior Lifeguard and Community Center building.
23.3 Assess Recreation
Needs
Ongoing
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.
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PROGRAMS STATUS
23.4 Maintain Recreation
Programs for
Newport Beach’s
Residents
Ongoing
The Recreation and Senior Services Department provides recreation programs citywide. The Newport Navigator is a
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 2020:
1. 5 Monofilament Recycling containers installed
2. Southern California Edison Presentation: Hazard Tree Mitigation Program Presentation
3. Community Service Award Presented to John Carpenter
4. Arbor Day Presentation
5. Junior Lifeguard Building Presentation
6. 9 Tree Reforestations Requested
7. Certificate presentation and tree donated to retiring OASIS Manager, Celeste Jardine- Haug
8. 1 Bench Donation
9. Von Karman Park Conceptual Park Amenities
10. City Council Policy G-Series Revisions
11. Newport Mesa Requests Soccer Lights
12. Pateadores Soccer Club Requests Soccer Lights
13. Elections – Heather Ignatin, Chair/ Diane Daruty, Vice Chair.
14. Ad Hoc Committee Appointments – Community Service Awards, Hassan Archer, David Granoff, Heather
Ignatin; G Policy, Hassan Archer, Walt Howald, Heather Ignatin; Youth Sports Commission, Diane Daruty, Laird
Hayes, Kate Malouf
23.5 Requirements for
Residential
Developers
Ongoing
Park fees are assessed for all new residential subdivisions pursuant to the Subdivision Map Act and the City’s
Subdivision Code. Last adjusted in 2007, Resolution No. 2020-95 approved by City Council on November 10, 2020,
adjusts the park fees pursuant to an appraisal. The adjusted rate goes into effect January 9, 2021 and will be phased-
in over two years.
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PROGRAMS STATUS
24.1 Adopt and
Implement Strategic
Plan for Fiscal and
Economic
Sustainability
Ongoing
In June 2009, the City Council updated its Strategic Plan for Fiscal and Economic Stability through the Economic
Development Committee (EDC). The Strategic Plan is designed to serve as a work program for the City Council, 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
Element Programs
Ongoing
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
Ordinances
Ongoing
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 Façade Improvement Program. The Program provides grant monies to eligible property and/or
business owners to make improvements to the façade 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
Data Base
Ongoing
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
Preparedness,
Response, and
Recovery Programs
Ongoing
In January, the City’s new Executive Disaster Preparedness Committee met. The committee is comprised of the City
Manager, seven department directors as well as the City’s Emergency Service Coordinator. The purpose of the
committee is to review and approve all City disaster preparedness activities and report to the City Council.
The City’s Emergency Operations Center (EOC) was activated on March 15, 2020 to respond to the COVID-19
Pandemic. The EOC was activated for 90 straight days to coordinate the City’s response. During the activation, over
60 City employees responded. The tasks included: Federal, State and County coordination, acquiring personal
protective equipment (PPE), public and employee communication and coordination, and proclaiming a local emergency
and other emergency ordinances. Since the pandemic continued throughout 2020, Department Operations Centers
(DOCs) were activated to manage the day to day activities.
In April of 2020, the City replaced the Outdoor Warning System with three new sirens. The new system has many
additional features such a voice commands, platform to send out Wireless Emergency Alerts (WEA) in conjunction with
sirens, and better sound coverage for the low-lying areas.
In September 2020, the City released a new Newport Ready Guide that provides Newport Beach residents with a step-
by step guide on how to better prepare for any unexpected emergency. The 41-page guide covers everything Newport
Beach residents need to do to be prepared utilizing internationally recognized icons in an easy to print or download
format.
29.1 Educate the
Community
Ongoing
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. Due to the pandemic, in-person meetings and
trainings were not allowed for most of 2020. Significant events include:
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PROGRAMS STATUS
• Emergency Siren System Test (1/3/20)
• Emergency Siren System Test (2/1/20)
• Emergency Siren System Test (3/1/20)
• Community Emergency Response Presentation (3/14/20)
• Emergency Siren System Test (4/5/20)
• Emergency Siren System Test (5/3/20)
• Emergency Siren System Test (6/7/20)
• Emergency Siren System Test (7/5/20)
• Emergency Siren System Test (8/2/20)
• Disaster Preparedness Zoom Training (9/2/20)
• Emergency Siren System Test (9/6/20)
• Emergency Siren System Test (10/4/20)
• Emergency Siren System Test (11/1/20)
• Emergency Siren System Test (12/6/20)
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 webpage includes a “Newsplash” 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.
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,
Culture, and
Historic Resources
Ongoing
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 2020:
1. Concerts on the Green – Four concerts were scheduled for the summer of 2020 but were postponed due to
restrictions on public gatherings related to COVID-19.
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 in the Central Library. Upon
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PROGRAMS STATUS
acceptance, exhibiting artists must agree to the conditions and requirements detailed in the City Policy 1-11. Artists
who were scheduled for exhibition from March 2020 to October 2020 were rescheduled. After the Central Library
opened for limited public service in September 2020, gallery exhibitions resumed.
3. Newport Beach Art Exhibition – The 56th Annual Newport Beach Art Exhibition was cancelled as a result of
restrictions on public gatherings related to COVID-19. The City Arts Commission looks forward to the possibility of
presenting the exhibition in 2021, as a portion of the proceeds from the art sale funds Newport Beach community
arts programs.
4. Newport Beach Arts Foundation –The Newport Beach Arts Foundation was unable to present the 17th Annual Art in
the Park on the Civic Green due to restrictions on public gatherings.
5. Grants Awarded – The 2020-2021 Cultural Arts Grants were moved from October 2020 to May 2021, to
accommodate arts entities associated with local schools. There is an expectation that arts organizations will use
grant funds for virtual programming due to restrictions on public gatherings due to COVID-19.
29.3 Support Community
Environmental and
Recreation
Initiatives
Ongoing
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
Budgets for City
Services and
Improvements
Ongoing
Annual budgets are maintained and reviewed by the City Council annually. A Capital Improvement Plan (CIP) is
included in the annual budget approved by City Council each year. In June 2020, the City Council approved the budget
and CIP for the Fiscal Year 2020-21.
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PROGRAMS STATUS
30.2 Administer Impact
and User Fees
(Development
Impact Fees, Park
Dedication and In-
Lieu Fees, and
Tideland Revenue
Fees)
Ongoing
1. Development impact fees including fair share traffic fees are assessed for each development project. The
completion of updating the Fair Share Traffic Fee has been put on hold (see Program 7.2).
2. Park dedication fees are assessed on a project-by-project basis pursuant to the Subdivision Code. Last adjusted in
2007, Resolution No. 2020-95 approved by City Council on November 10, 2020, adjusts the park fees pursuant to
an appraisal. The adjusted rate goes into effect January 9, 2021 and will be phased-in over two 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: waiting for confirmation from Kurt and Carol that no mooring fees were updated in 2020
• Rates – Annual mooring rates are updated to be based on the CPI. Rates will be assessed in January of
each year.
• Regulations - In January 2020, City Council updated rates for mooring sub-permittees, along with updating
other fees associated with the Harbor Department.
31.1 Consider the
Establishment of
Community
Facilities and
Special
Assessment
Districts
Ongoing
As an alternative to building a new community center, the City has leased programming space on 16th Street in
Newport Beach and is providing a variety of recreational and fitness classes for the community. It offers a dynamic
program schedule with classes for all age groups and features a gymnastics center, dance, and fitness studio with
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 - 2020 HOUSING ELEMENT PROGRAM IMPLEMENTATION STATUS PURSUANT TO
GOVERNMENT CODE SECTION 65583
PROGRAM STATUS
1.1.1 Improve housing quality and prevent
deterioration of existing neighborhoods by
strictly enforcing building code regulations
and abating code violations and
nuisances.
Ongoing
The building inspectors and code enforcement officers continually enforce
code regulations, abatement violations, and nuisances. A quarterly report
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
local funds, including Community
Development Block Grants (CDBG) and
the Affordable Housing Fund, to provide
technical and/or financial assistance, if
necessary, to existing lower- and
moderate-income, owner-occupants of
residential properties through low-interest
loans or emergency grants to rehabilitate
and encourage the preservation of existing
housing stock.
Ongoing
On April 29, 2015, the City published Request For Proposal (RFP) No. 15-
55 for use of the City’s Affordable Housing Fund toward affordable housing
development or programming. Three projects received approval of the
funding from City Council on November 24, 2015. The Seaview Lutheran
Project and The Cove Veterans Housing were completed in 2018. The
following provides an update on the third project which is ongoing:
Senior Home Assistance Repair Program - An agreement with Habitat for
Humanity Orange County (Habitat OC) granted up to $600,000 for critical
home repair for low-income seniors. In 2020, the program worked on two
projects and expended a total of $9,222.11. Projects included home
weatherization, roof repair and accessibility modifications. The total we
have used in the program to date is $228,023 for a total of 11 projects.
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PROGRAM STATUS
1.1.3 Require replacement of housing
demolished within the Coastal Zone when
housing is or has been occupied by very
low–, low-, and moderate-income
households within the preceding 12
months. The City shall prohibit demolition
unless a determination of consistency with
Government Code Section 65590 has
been made. The specific provisions
implementing replacement unit
requirements are contained in Chapter
20.34 of the Municipal Code.
Ongoing
On October 29, 2019, the Community Development Director determined
that Newport Beach Municipal Code (NBMC) Chapters 20.34 and 21.34
(Conversion of Demolition of Affordable Housing) are no longer required.
These chapters of the NBMC implement the Mello Act (Government Code
Sections 65590 - 65590.1 Low- and Moderate-Income Housing Within the
Coastal Zone). The regulations require the replacement of housing units
lost within the coastal zone that are occupied by low- and moderate-income
households under certain circumstances when feasible. Both the NBMC
and the Mello Act provide when there is less than 50 acres in aggregate, of
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
Residential Building Records (RBR)
program to reduce and prevent violations
of building and zoning ordinances by
providing a report to the all parties
involved in a transaction of sale of
residential properties, and providing an
opportunity to inspect properties to identify
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.
Ongoing
This City report allows the City to verify that its residential buildings meet
zoning and building code requirements, life safety requirements as set forth
by the City's Municipal Code, and fulfill the State's requirement that all
homes have both smoke detectors and seismic strapping of water heaters
(California Health and Safety Code, Section 19211). In 2020, there were
1,629 RBRs processed.
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PROGRAM STATUS
2.1.1 Maintain rental opportunities by restricting
conversions of rental units to
condominiums in a development
containing 15 or more units unless the
vacancy rate in Newport Beach for rental
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.
Ongoing
A vacancy rate survey is completed upon receiving an application for the
conversion of 15 or more rental units to condominiums. No projects of 15 or
more units were submitted in 2020.
2.1.2 Take all feasible actions, through use of
development agreements, expedited
development review, and 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.
Ongoing
Pending applications that include affordable housing will be expedited.
2.1.3 Participate with the County of Orange in
the issuance of tax-exempt mortgage
revenue bonds to facilitate and assist in
financing, development and construction
of housing affordable to low and
moderate-income households.
Ongoing
The issuance of tax-exempt mortgage revenue bonds is project driven, and
the developer typically applies for the bonds. No applications were received.
2.1.4 Conduct an annual compliance-monitoring
program for units required to be occupied
by very low-, low-, and moderate-income
households.
Ongoing
Annual compliance monitoring has been conducted for 2020 and the report
for the City’s income- and rent-restricted units by Priscila Davila and
Associates (consultant) found all units in compliance.
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PROGRAM STATUS
2.1.5
Provide entitlement assistance, expedited
entitlement processing, and waive
application processing fees for
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.
Ongoing
No eligible projects were processed in 2020.
2.1.6
Affordable housing developments
providing units affordable to extremely
low-income households shall be given the
highest priority for use of Affordable
Housing Fund monies.
Ongoing
See status of Program 1.1.2.
2.2.1 Maintain a brochure of incentives offered
by the City for the development of
affordable housing including fee waivers,
expedited processing, density bonuses,
and other incentives. Provide a copy of
this brochure at the Planning Counter, the
website and also provide a copy to
potential developers.
Ongoing
A brochure is maintained and provided on the City website and in the public
lobby.
2.2.2
The City shall provide more assistance for
projects that provide a higher number of
affordable units or a greater level of
affordability. At least 15 percent of units
shall be affordable when assistance is
provided from Community Development
Block Grant (CDBG) funds or the City’s
Affordable Housing Fund.
Ongoing
This program was considered in evaluating the proposals for the RFP and
choosing the projects described in Program 1.1.2.
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PROGRAM STATUS
2.2.3
For new developments proposed in the
Coastal Zone areas of the City, the City
shall follow Government Code Section
65590 and Title 20.
Ongoing
See status of Program 1.1.3.
2.2.4
All required affordable units shall have
restrictions to maintain their affordability
for a minimum of 30 years.
Ongoing
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.
2.2.5 Advise and educate existing landowners
and prospective developers of affordable
housing development opportunities
available within the Banning Ranch,
Airport Area, Newport Mesa, Newport
Center, Mariners’ Mile, West Newport
Highway, and Balboa Peninsula areas.
Ongoing
A brochure has been created and distributed that outlines development
incentives and entitlement assistance available in the City. The brochure
is maintained at the public counter in Bay C at the Civic Center and on the
City website.
2.2.6 Participate in other programs that assist
production of housing.
Ongoing
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
for lower-income households that help
meet regional needs shall have priority for
the provision of available and future
resources or services, including water and
sewer supply and services.
Ongoing
In 2017, the Newport Crossings Mixed-Use project, a 350-dwelling unit
mixed-use development, was submitted within the Airport Area under the
Residential Overlay of the Newport Place Planned Community. The
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. The plan check for construction drawing review
was submitted on November 17, 2020, with building permit issuance
expected in Summer 2021.
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2.2.8 Implement Chapter 20.32 (Density Bonus)
of the Zoning Code and educate interested
developers about the benefits of density
bonuses and related incentives for the
development of housing that is affordable
to very low-, low-, and moderate-income
households and senior citizens.
Ongoing
Implemented as projects are submitted. Density bonus information and
incentives are included in an informational brochure available to the public.
Newport Crossings Mixed-Use - In 2017, the Newport Crossings Mixed-Use
project, a 350-dwelling unit 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. The plan check for construction
drawing review was submitted on November 17, 2020, with building permit
issuance expected in Summer 2021.
2510 West Coast Highway Mixed-Use - In December 2019, an application
was submitted for a new mixed-use development located at 2510 West
Coast Highway that includes the development of 35 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), a development waiver for building
height and a waiver regarding the unit mix. The project is scheduled to be
reviewed by the Planning Commission in February 2021.
Newport Airport Village - A General Plan Amendment, Planned Community
Development Plan (PCDP), and a Development Agreement that would
allow for the future redevelopment of the 16.46-acre property with up to
444 dwelling units (329 base units and 115 density bonus units) and
297,572 square feet of retail, office, and other airport supporting uses. The
project was approved by City Council on September 22, 2020.
Residences at 4400 Von Karman - In 2020, the former Koll Center
Residences project was actively reviewed under a new project submittal
called The Residences at 4400 Von Karman. The request consists of
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rezoning nonresidential property to mixed-use land uses, including up to
260 residential units plus an allowance for density bonus units up to a total
of 312 units (13 Very-Low Income units). On November 5, 2020, the
Planning Commission considered the project and recommended approval
to the City Council. The City Council approved the project on February 9,
2021, outside the reporting period.
2.3.1 Study housing impacts of proposed major
commercial/industrial projects during the
development review process. Prior to
project approval, a housing impact
assessment shall be developed by the City
with the active involvement of the
developer. Such assessment shall
indicate the magnitude of jobs to be
created by the project, where housing
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.
Ongoing
In conjunction with the environmental review required under the California
Environmental Quality Act (CEQA), potential impacts to population,
housing, and employment is reviewed and analyzed. Recent development
trends have consisted of redevelopment of commercial and industrial sites
for residential development or mixed-use, which has created new housing
opportunities in the City. No major commercial/industrial projects were
submitted in 2020.
3.1.1 Provide a streamlined “fast-track”
development review process for proposed
affordable housing developments.
Ongoing
The City will prioritize the development review process for all affordable
housing projects.
3.1.2 When a residential developer agrees to
construct housing for persons and families
of very low, low, and moderate income
above mandated requirements, the City
shall either (1) grant a density bonus as
required by state law, or (2) provide other
incentives of equivalent financial value.
Ongoing
The City considers density bonuses and other incentives on a project-by-
project basis. Chapter 20.32 (Density Bonus) is included in the Zoning Code
and is implemented as projects are submitted.
Refer to Program 2.2.8 for projects with Density Bonuses with activity in
2020.
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3.1.3 Develop a pre-approved list of incentives
and qualifications for such incentives to
promote the development of affordable
housing. Such incentives include the
waiver of application and development
fees or modification to development
standards (e.g., setbacks, lot coverage,
etc.).
Ongoing
Waivers and incentives are considered by the Planning Commission and
City Council on a project-by-project basis. Staff received information from
the Department of Housing and Community Development (HCD) on
examples of pre-approved incentive programs from the City of Los Angeles
and the City of Anaheim. Staff will continue research with HCD to develop
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% bonus), an incentive to
allow for flexibility with unit mix, and a development waiver of building
height. The plan check for construction drawing review was submitted on
November 17, 2020, with building permit issuance expected in Summer
2021.
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3.2.1
When requested by property owners, the
City shall approve rezoning of developed
or vacant property from nonresidential to
residential uses when appropriate. These
rezoned properties shall be added to the
list of sites for residential development.
Ongoing
The City continually monitors requests for zone changes of vacant and
developed properties from nonresidential to residential and approves when
determined to be compatible and feasible. When approved, these sites are
mapped for residential uses on both the Zoning District Map and General
Plan Land Use Map.
Residences at 4400 Von Karman - In 2020, the former Koll Center
Residences project was actively reviewed under a new project submittal
called The Residences at 4400 Von Karman. The request consists of
rezoning nonresidential property to mixed-use land uses, including up to
260 residential units plus an allowance for density bonus units up to a total
of 312 units (13 Very-Low Income units). On November 5, 2020, the
Planning Commission considered the project and recommended approval
to the City Council. The City Council approved the project on February 9,
2021, outside the reporting period.
Newport Airport Village - A General Plan Amendment, Planned Community
Development Plan (PCDP), and a Development Agreement that would
allow for the future redevelopment of the 16.46-acre property with up to 444
dwelling units (329 base units and 115 density bonus units) and 297,572
square feet of retail, office, and other airport supporting uses. The project
was approved by City Council on September 22, 2020.
Residences at Newport Center - Redevelopment of an underutilized
commercial site in Newport Center to develop 28 condominiums. The
project was submitted to the City in February 2020 and the application was
deemed complete in December 2020. The City is currently preparing the
draft environmental impact report for public distribution in the spring 2021.
2510 West Coast Highway - In December 2019, an application was
submitted for a new mixed-use development located at 2510 West Coast
Highway that includes the development of 35 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
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PROGRAM STATUS
bonus of nine units (35% bonus), a development waiver for building height
and a waiver regarding the unit mix. The project was approved by the
Planning Commission in February 2021, and the decision will be reviewed
by the City Council.
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3.2.2
Recognizing that General Plan Policy
LU6.15.6 may result in a potential
constraint to the development of
affordable housing in the Airport Area, the
City shall maintain an exception to the
minimum 10-acre site requirement for
projects that include a minimum of 30
percent of the units affordable to lower-
income households. It is recognized that
allowing a smaller scale development
within an established commercial and
industrial area may result in land use
compatibility problems and result in a
residential development that does not
provide sufficient amenities (i.e. parks)
and/or necessary improvements (i.e.
pedestrian walkways). Therefore, it is
imperative that the exception includes
provisions for adequate amenities, design
considerations for the future integration
into a larger residential village, and a
requirement to ensure collaboration with
future developers in the area.
Ongoing
The Residential Overlay of the Newport Place Planned Community
implements this program by providing an exception to the 10-acre site
requirement for residential development projects in the Airport Area that
include a minimum of 30 percent of the units affordable to lower income
households.
• In 2017, the Newport Crossings Mixed-Use project, a 350 dwelling
unit mixed-use development was approved within the Airport Area
under the Residential Overlay. In exchange for providing 78 units
affordable to low-income households, the project is eligible for the
10-acre site requirement, a 91-unit density bonus, and development
incentives and waivers. The application included a Site
Development Review to ensure that the sufficient amenities and
neighborhood integration improvements are provided. The project
provides extensive on-site recreational amenities, including
separate pool, entertainment, and lounge courtyards with eating,
seating, and barbeque space; a rooftop terrace; a fifth-level view
deck; a club room for entertainment and gatherings; and a fitness
facility. In addition, a 0.5-acre public park is proposed to be
constructed and dedicated to the City, and a public plaza is located
in front of the retail shops facing the main corner of the project at
Corinthian Way and Martingale Way. The plan check for
construction drawing review was submitted on November 17, 2020,
with building permit issuance expected in Summer 2021.
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PROGRAM STATUS
3.2.3 The City will encourage and facilitate
residential and mixed-use development on
vacant and underdeveloped sites listed in
Appendix H3 by providing technical
assistance to interested developers with
site identification and entitlement
processing. The City will support
developers funding applications from
other agencies and programs. The City will
post the Sites Analysis and Inventory on
the City’s webpage and marketing
materials for residential and mixed-use
opportunity sites, and will equally
encourage and market the sites for both
for-sale development and rental
development. To encourage the
development of affordable housing within
residential and mixed-use developments,
the City shall educate developers of the
benefits of density bonuses and related
incentives, identify potential funding
opportunities, offer expedited entitlement
processing, and offer fee waivers and/or
deferrals.
Ongoing
Appendix H3 is the Sites Analysis and Inventory which identifies sites that
can be developed for housing within the planning period and that are
sufficient to provide for the City’s share of the regional housing need
allocation to provide realistic opportunities for the provision of housing to all
income segments within the community. Appendix H3 can be found in the
Housing Element available at the Planning Division or online at
http://www.newportbeachca.gov/index.aspx?page=2087
The City has completed the following:
1. A user-friendly Sites Analysis and Inventory is on the City’s website.
2. A brochure is available on the website and in the public lobby that
promotes the incentives and opportunities for affordable housing
projects, which includes information of the City’s Sites Analysis and
Inventory.
3. A layer and note have been added in the City’s Geographic Information
System (GIS) to identify sites within the inventory to assist staff in
providing information to interested developers.
The City will encourage density bonus and offer incentives to interested
developers.
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.
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3.2.4 The City will monitor and evaluate the
development of vacant and
underdeveloped parcels on an annual
basis, and report the success of strategies
to encourage residential development in
its Annual Progress Reports required
pursuant to Government Code 65400. If
identified strategies are not successful in
generating development interest, the City
will respond to market conditions and will
revise or add additional incentives.
Ongoing
In 2019, construction began the development of the Plaza Corona del Mar
project, six detached residential condominiums units on an identified vacant
site in Corona del Mar. In 2020, construction was close to completion.
The City also has significant projects on sites identified as underutilized:
• Uptown Newport - approved in February 2013, 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
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 92 affordable units were completed and finaled in 2019. In
2020, a minor site development review was approved for 30
residential condominium units, also a part of Phase One. Building
permits have not yet been issued.
• Newport Crossings Mixed-Use project - Located on a site identified
as underutilized. The Newport Crossings Mixed-Use project is
located on a site identified as underutilized. The project was
submitted in 2017 and approved by the Planning Commission on
February 21, 2019. The project includes the development of 350
residential apartment units, including 78 units affordable to low-
income households. The plan check for construction drawing review
was submitted on November 17, 2020, with building permit issuance
expected in Summer 2021.
• Residences at 4400 Von Karman - In 2020, the former Koll Center
Residences project was actively reviewed under a new project
submittal called The Residences at 4400 Von Karman. The request
consists of rezoning nonresidential property to mixed-use land uses,
including up to 260 residential units plus an allowance for density
bonus units up to a total of 312 units (13 Very-Low Income units).
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On November 5, 2020, the Planning Commission considered the
project and recommended approval to the City Council. The City
Council approved the project on February 9, 2021, outside the
reporting period.
• Newport Airport Village - A General Plan Amendment, Planned
Community Development Plan (PCDP), and a Development
Agreement that would allow for the future redevelopment of the
16.46-acre property with up to 444 dwelling units (329 base units
and 115 density bonus units) and 297,572 square feet of retail,
office, and other airport supporting uses. The project was approved
by City Council on September 22, 2020.
• Residences at Newport Center – Redevelopment of an underutilized
commercial site in Newport Center to develop 28 condominiums.
The project was submitted to the City in February 2020 and the
application was deemed complete in December of 2020. The City is
currently preparing the draft environmental impact report for public
distribution in the spring of 2021.
• Newport Village Mixed Use – Redevelopment of underutilized
commercial sites for a new mix-use development including 14
residential condominiums and 108 Apartments on the North and
South sides of West Coast Highway The project was submitted in
2017 and has undergone several design revisions. In 2020, the City
reviewed revised plans and continued preparation of the draft
environmental impact report. The applicant and consultant prepared
multiple technical studies for review. The City anticipates public
release of the draft EIR in mid to late 2021.
• 2510 West Coast Highway - In December 2019, an application was
submitted for a new mixed-use development located at 2510 West
Coast Highway to redevelop existing underutilized commercial sites.
The project includes the development of 35 dwelling units, three of
which would be restricted for Very Low Income households. In
exchange for providing the Very Low Income units, the developer
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has requested a density bonus of nine units (35% bonus), a
development waiver for building height and a waiver regarding the
unit mix. The project is scheduled to be reviewed by the Planning
Commission in February 2021.
4.1.1
Annually contact owners of affordable
units for those developments listed in
Table H12 as part of the City’s annual
monitoring of affordable housing
agreements to obtain information
regarding their plans for continuing
affordability on their properties, inform
them of financial resources available, and
to encourage the extension of the
affordability agreements for the
developments listed in Table H12 beyond
the years noted.
Ongoing
Staff maintains an updated contact list for affordable units in conjunction
with the 2014-2021 Housing Element. Priscila Davila and Associates
(consultant) included this information that was sent to the owners as a part
of the annual monitoring. During the RFP process for the expenditure of the
affordable housing funds, the City and Priscila Davila and Associates
reached out to the owners of the existing affordable housing units within the
City and there was no interest to extend the existing affordable housing
covenants except from Seaview Lutheran (see Program 1.1.2 for details).
4.1.2
The City shall maintain registration as a
Qualified Preservation Entity with HCD to
ensure that the City will receive notices
from all owners intending to opt out of their
Section 8 contracts and/or prepay their
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.
Ongoing
The City of Newport Beach is registered as a Qualified Preservation Entity
with HCD as of 2012. When notification is received, City staff will evaluate
the potential use of monies to preserve the affordable units.
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PROGRAM STATUS
4.1.3 Continue to maintain information on the
City’s website and prepare written
communication for tenants and other
interested parties about Orange County
Housing Authority Section 8 opportunities
to assist tenants and prospective tenants
to acquire additional understanding of
housing law and related policy issues.
Ongoing
Pamphlets informing prospective tenants and landlords about the Orange
County Housing Authority (OCHA) Section 8 program have been made
available in the public lobby and information is posted on the City website.
4.1.4 Investigate availability of federal, state,
and local programs and pursue these
programs, if found feasible, for the
preservation of existing lower-income
housing, especially for preservation of
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.
Ongoing
The City attends OCHA meetings and has continued to investigate
available programs and evaluate the feasibility of participating in such
programs.
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PROGRAM STATUS
4.1.5
The City shall inform and educate owners
of affordable units of the State
Preservation Notice Law (Government
Code Section 65863.10-13), if applicable.
Pursuant to the law, owners of
government-assisted projects cannot
terminate subsidy contract, prepay a
federally-assisted mortgage, or
discontinue use restrictions without first
providing an exclusive Notice of
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.
Ongoing
Staff and consultant Priscila Davila and Associates were able to coordinate
meetings and phone calls with property owners of existing units subject to
affordable housing covenants or agreements. The owners were not
interested in extending the existing affordable housing covenants.
Newport Harbor I at 1538 Placentia Avenue is in the process of terminating.
Their six-month notice was flagged by HCD. The City’s new Housing
Consultant. Priscila Davila & Associates, Inc. and City staff worked to
resolve the issue with HCD, without requiring the notices to be resent. The
final termination document was under review by City Attorney and is
anticipated to be complete by March 2021.
4.1.6 In accordance with Government Code
Section 65863.7, require a relocation
impact report as a prerequisite for the
closure or conversion of an existing mobile
home park.
Ongoing
Zoning Code Section 20.28.020 ensures compliance with the Government
Code Section. No relocation impact reports were proposed in 2020.
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PROGRAM STATUS
4.1.7 Participate as a member of the Orange
County Housing Authority Advisory
Committee and work in cooperation with
the Orange County Housing Authority to
provide Section 8 Rental Housing
Assistance to residents of the community.
The City will, in cooperation with the
Housing Authority, recommend and
request use of modified fair-market rent
limits to increase the number of housing
units within the City that will be eligible to
participate in the Section 8 program. The
Newport Beach Planning Division will
prepare and implement a publicity
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.
Ongoing
Staff attends the quarterly meetings of the OCHA Cities Advisory
Committee.
Staff continually works in cooperation with the County to provide Section 8
rental housing assistance to residents.
A link to the Orange County Housing Authority website has been placed on
the City website to provide information on the Section 8 program.
City staff worked closely with OCHA staff to facilitate the award of the
Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport
Shores project (see Program 4.1.4).
A link to the Emergency Rental Assistance Program during the Covid-19
Pandemic provided by the County of Orange is provided on the City
website.
4.2.1 Implement and enforce the Water Efficient
Landscape Ordinance and Landscape
and Irrigation Design Standards in
compliance with AB 1881 (2006). The
ordinance establishes standards for
planning, designing, installing, and
maintaining and managing water-efficient
landscapes in new construction and
rehabilitated projects.
Ongoing
All new development projects are reviewed for compliance with the City’s
Water Efficient Landscape Ordinance.
The annual report on the City’s Water Efficient Landscape Ordinance for
2019 was submitted to California Department of Water Resources on
January 31, 2020.
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PROGRAM STATUS
4.2.2 Affordable housing developments that
receive City assistance from Community
Development Block Grant (CDBG) funds
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.
Ongoing
As part of the SHARP program energy efficiency is a priority with upgraded
sinks, water heaters, weather-proof windows and new water efficient toilets.
4.2.3 Investigate the feasibility and benefits of
using a portion of its CDBG or other local
funds for the establishment and
implementation of an energy conserving
home improvements program for lower-
income homeowners.
Ongoing
Continuously monitor requests for assistance and Code Enforcement
quarterly reports to determine need.
4.2.4 Maintain a process for LEED certified staff
members to provide development
assistance to project proponents seeking
LEED certification, which will in turn
increase the LEED points granted to
projects.
Ongoing
In 2020, the City staff included one Leadership in Energy and
Environmental Design (LEED) accredited staff member who was available
to provide technical assistance when requested.
4.2.5
To encourage voluntary green building
action, the City shall maintain a green
recognition program that may include
public recognition of LEED certified
buildings (or equivalent certification),
payment of a display advertisement in the
local newspaper recognizing the
achievements of a project, or developing a
City plaque that will be granted to
exceptional developments.
Ongoing
Staff will work on construction of a new webpage that will provide
recognition to LEED certified buildings by displaying their project with
pictures and their name or other information they would want advertised.
An informational flyer is also being drafted to encourage green building that
will advertise the new webpage and will be provided in the public lobby.
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PROGRAM STATUS
5.1.1
Apply for United States Department of
Urban Development Community
Development Block Grant funds and
allocate a portion of such funds to sub-
recipients who provide shelter and other
services for the homeless.
Ongoing
Through the approved Community Development Block Grant
(CDBG) Action Plan for Fiscal Year 2020-21, the City allocated funding
to Families Forward and Fair Housing Foundation to preserve the supply of
emergency and transitional housing. A new program - Newport Beach: City
Motel Voucher Program, was funded in 2020 through the Newport
Beach Police Department (PD). The room key program allows PD to
provide short term (1 – 3 nights on average) motel rooms to individuals
experiencing homelessness in Newport Beach. Additional CDBG monies
have been allocated to the City from Federal funds under the CARES
Act, approximately $741,000, and will likely have a portion allocated to
homeless transitional housing projects. An amendment to the Action Plan,
to program these additional funds is anticipated to go to Council for
consideration in early 2021.
On November 24, 2020, the City Council approved the Memorandum of
Understanding between the Cities of Costa Mesa and Newport Beach for
the funding, development and Shared Use of a Temporary Homeless
Shelter Facility. A shared shelter would enable both agencies to provide
services to their respective homeless populations without duplicating efforts
and thus better leveraging their respective resources.
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PROGRAM STATUS
5.1.2 Cooperate with the Orange County
Housing Authority to pursue establishment
of a Senior/Disabled or Limited Income
Repair Loan and Grant Program to
underwrite all or part of the cost of
necessary housing modifications and
repairs. Cooperation with the Orange
County Housing Authority will include
continuing City of Newport Beach
participation in the Orange County
Continuum of Care and continuing to
provide CDBG funding.
Ongoing
The City refers low-income residents to Orange County for rehabilitation of
mobile homes, to Neighborhood Housing for first time buyer programs, and
to Rebuilding Together for handyman service for low-income and senior
households.
The City Council awarded Affordable Housing Funds for an agreement with
Habitat for Humanity Orange County (Habitat OC) granting up to $600,000
to establish a critical home repair program for low-income seniors (Senior
Home Assistance Repair Program). It is estimated that approximately 30
repair projects will be completed at various locations throughout the City.
To date, there have been 11 projects 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
of senior accessory dwelling “granny” units
in single-family areas of the City. The City
will promote and facilitate the development
of senior accessory dwelling units by
providing brochures and/or informational
materials at the building permit counter,
online, and other appropriate locations
detailing the benefits and the process for
obtaining approval.
Ongoing
In 2017 and 2018, the City amended its regulations to permit the
development of Accessory Dwelling Units (ADUs) in single-family
residential zoning districts to conform with changes in State Law. In 2020
additional amendments were made to update the City’s regulations on
ADUs to be consistent with new State Law. There were 19 ADUs submitted,
8 ADUs permitted, and 2 ADUs finaled..
5.1.4 Work with the City of Santa Ana to provide
recommendations for the allocation of
HUD Housing Opportunities for Persons
with AIDS (HOPWA) funds within Orange
County.
Ongoing
The management of the HOPWA funds transferred from Santa Ana to
Anaheim in 2016. As a result, City staff will stay up-to-date on services
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.
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PROGRAM STATUS
5.1.5 Maintain a list of “Public and Private
Resources Available for Housing and
Community Development Activities.”
Ongoing
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
centers as a component of new affordable
housing developments, and grant
additional incentives in conjunction with a
density bonus per the Chapter 20.32.
Ongoing
No projects were submitted that included the establishment of a day care
center.
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5.1.7
Encourage senior citizen independence
through the promotion of housing services
related to in-home care, meal programs,
and counseling, and maintain a senior
center that affords seniors opportunities to
live healthy, active, and productive lives in
the City.
Ongoing
The City provided $30,000 in CDBG funds to Age Well Senior Services home-
delivered meals program. The mobile meals program provides home-delivered
meals to individuals who are homebound due to age, illness, or disability.
The City also operates the OASIS Senior Center. Services include:
• 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.
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PROGRAM STATUS
5.1.8 The City shall work with the Regional
Center of Orange County (RCOC) to
implement an outreach program informing
families within the City of housing and
services available for persons with
developmental disabilities. Information will
be made available on the City’s website.
The City shall also offer expedited permit
processing and fee waivers and/or
deferrals to developers of projects
designed for persons with physical and
developmental disabilities.
Ongoing
Information was added to the City website under Housing Assistance
regarding resources through the RCOC which began implementation of an
outreach program. The City remains in contact with RCOC on implementing
outreach programs as they are developed. The City works with the housing
consultant at the RCOC. When projects are submitted, they will be offered
expedited permit processing and the possibility of fee waivers.
6.1.1 Contract with an appropriate fair housing
service agency for the provision of fair
housing services for Newport Beach
residents. The City will also work with the
fair housing service agency to assist with
the periodic update of the Analysis of
Impediments to Fair Housing document
required by HUD. The City will continue to
provide public outreach and educational
workshops, and distribute pamphlets
containing information related to fair
housing.
Ongoing
The City contracted with the Fair Housing Foundation to provide these
services. The Fair Housing Foundation provided the following trainings,
seminars, and outreach activities in the City in 2020:
• Virtual Fair Housing Workshops – 2/3/20 and 11/17/20
• Virtual Walk-In Clinics – 5/13/20, 5/20/20, 7/15/20, 9/2/20, and
11/18/20.
• PSA, City of Newport Beach TV – 6/5/20
• Literature Distribution – 2,250
Pamphlets containing information on Fair Housing and Dispute Resolution
Services are available at the public counter.
7.1.1 As part of its annual General Plan Review,
the City shall report on the status of all
housing programs. The portion of the
Annual Report discussing Housing
Programs is to be distributed to the
California Department of Housing and
Community Development in accordance
with California state law.
Ongoing
This annual Housing Element Report will be submitted to HCD.
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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
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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 metricfor 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 areworking with havecontinued
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), whichprovide mechanisms forfunding
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:
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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 onhow 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.1
Even though requirements of SB 35 apply to jurisdictions regardless ofwhether they havecodified
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 simplify the process. SB 35 expands the commondefinitionof “multi-familyhousing
1 California Department ofHousing and Community Development, SB 35 Statewide Determination Summary, June
2019. Download at
http://www.hcd.ca.gov/community-development/housing-
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 relevantobjective 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 designreview 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 appliedas 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 ofHousing and CommunityDevelopment, StreamlinedMinisterial Approval Process
Chapter 366, Statutes of2017) Guidelines, November 29, 2018. Download at http://www.hcd.ca.gov/policy-
research/docs/SB-35-Guidelines-final.pdf
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intended to address some issues that have beenidentified 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);
Providethat a development shall be deemedconsistentwithobjective 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 solong 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 thedevelopment 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 imposeparking standards on development approvedpursuant 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 astrong andclearbasisforthe 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 onlydevelopment and use requirements with which developers needto 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 inOctober 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 requirea 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 mustallow the development on any site designated inthePlan
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 ofthat date including uniform statewide standards
for what a community canrequire in a “preliminary application” and requiring all communities to
use a standard application form developed by HCD. Even though the application requirements
thatwill be codifiedin Government Code 65941.1 willexpire on January 1, 2025, thelistmay 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, orconditions 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.
SB330 also requires cities and countiesto 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, itshould be notedthat 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 inkeeping
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
makesure 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 toaccommodate lower income households is toestablish densityrequirements 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 PerCaliforniaPublic resources Code Section 21064.3, a major transit stopmeans a site containing an existing rail
transit station, a ferry terminal served by either a busor railtransit service, or the intersection of two or more major
bus routes with a frequencyof service intervalof 15 minutes or less during themorning and afternoon peak commute
periods.
4 SouthCountySystem 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
intentionof this requirement is toincentivize residentialdevelopment 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 localagencies’ ability torequire 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
GP Update Steering Committee - December 4, 2019
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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 theCoastalAct. 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 eachjurisdiction in the SCAG region during the planning period andrepresents 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;
GP Update Steering Committee - December 4, 2019
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Seeking input on the elements of built form that contribute most tothe 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,
andobjectives designed to avoid or minimize risks to newdevelopment from flooding. Thecurrent
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 theElement will needto be synchronizedwith the 2016Local Hazard Mitigation
Plan (LHMP).
Government Code 6530 (g) (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.
GP Update Steering Committee - December 4, 2019
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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 andprioritize 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 topollutionexposure, 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
GP Update Steering Committee - December 4, 2019
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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 Policyon 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 theCommission to "work with localgovernments to adopt localcoastal 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
percentof 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
GP Update Steering Committee - December 4, 2019
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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 existingGeneral Plan that could
be affected by those laws. The laws discussed above do not have implications forother 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.
GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
98
March 3, 2021
Chairman Weigand and Planning Commissioners City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: Annual General Plan Progress Report (PA2007-195)
Dear Chairman Erik Weigand and Planning Commissioners:
The Kennedy Commission (the Commission) is a broad-based coalition of residents and community organizations that advocates for the production of homes affordable for families earning less than $27,000 annually in Orange County. Formed in 2001, the Commission has been successful in
partnering and working with Orange County jurisdictions to create effective housing and land-use
policies that has led to the new construction of homes affordable to lower income working families.
The Newport Beach Annual General Plan Progress Report provides the current status of General Plan Elements. The Housing Element establishes goals, policies, and programs to meet the needs of
community members at all income levels. During the current 5th cycle planning period the City had
a total Regional Housing Needs Assessment (RHNA) of five, one at very low-income, one at low-income, one at moderate and two at above moderate. To date, the City has approved two housing units at moderate and 1,744 at above moderate0F
1. At very-low income the City has approved 92 unitsand 5 at low-income. Although the City had exceeded 5th Cycle targets for each income category,
there is an unbalanced production of moderate and above moderate units. The number of moderate
and above moderate units approved in the last seven years was 17 times more than those at low and very low income.
Newport Beach will need a total of 4,845 new housing units for the 6th RHNA cycle. Of those units,
1,456 should be very low income and 930 should be low-income units.1F2 We ask that the City
prioritize the housing needs of large families of very low and extremely low income, who encounter difficulties in finding decent, affordable housing during the development of its new Housing Element.
The Commission understands the importance of each city’s Housing Element in guiding housing
programs and policies, zoning, funding, and reducing current obstacles to housing development. Our work focuses on ensuring that each city increases affordable housing opportunities by implementing proven strategies, policies and incentives that encourage affordable housing development. The Commission would request that it be a part of the upcoming Housing Element
revision process and have the opportunity to evaluate the previous planning period goals and
policies and plan for the upcoming RHNA cycle. We look forward to working with the City of Newport Beach to encourage effective housing policies that will help create balanced housing development and create much needed affordable housing in our local communities.
1 Newport Beach 2020 Housing Element Annual Progress Report, Table B
2 SCAG 6th Cycle Proposed Final RHNA Allocation
www.kennedycommission.org 17701 Cowan Ave., Suite 200 Irvine, CA 92614 949 250 0909
Planning Commission - March 4, 2021 Item No. 7a Additional Materials Received
2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
Newport Beach Planning Commission March 3, 2021
Page 2 of 2
The Commission looks forward to partnering with the City of Newport Beach to create opportunities to increase affordable homes for lower income households in the City. If you have any questions, please free to contact me at (949) 250-0909 or cesarc@kennedycommission.org.
Sincerely,
Cesar Covarrubias
Executive Director
Working for systemic change resulting in the production of homes affordable to Orange County’s extremely low-income households
Planning Commission - March 4, 2021 Item No. 7a Additional Materials Received
2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
Planning Commission
March 4, 2021
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
Report format follows 2021 OPR guidance
Overview of GP Implementation (Appendix A)
Housing Element report summaries (Appendix B)
Compliance with OPR’s guidelines for General Plans and
required future updates (Appenidix C –2019 Dyett and
Bhatia Memo)
Priorities for land use decision making in 2021
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
January 2020 –City Council directed staff to
focus efforts on primarily updating the Housing
Element for compliance with State law,along
with preparing a simultaneous update to the
Circulation Element.
March 2020 –General Plan Update Steering
Committee dissolved and creation of new
Housing Element Update Advisory Committee
(HEUAC) on March 25,2020.
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
April 2020 –the City Council authorized execution of a professional services agreement with Kimley-Horn and Associates, Inc. for assistance with the updates.
July 2020 –due to COVID-19 pandemic,the HEUAC didnot meet until July and held a total of seven meetings in2020.
City staff has worked alongside the HEUAC to engagethecommunity through virtual public workshops andonlineactivitiesthroughouttheprocess.
Committed to submitting a compliant,adoptedHousingElementby theOctober 2021 deadline.
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
[Hearing Date] Community Development Department -
Planning Division
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
Table A2 Summary -2020 Building Activity Summary –Net New Units
Approved Entitlements Building Permits Issued Certificates of Occupancy
Issued
Affordable
Above-
Moderate
Income
Affordable
Above-
Moderate
Income
Affordable
Above-
Moderate
Income
No net new
projects in
2020 but many
in the pipeline
and some
approved
early 2021
No net new
projects in
2020 but
many in the
pipeline and
some
approved
early 2021
2 Very Low-
Income (ADU)
4 Low-Income
(ADU)
2 Moderate-
Income (ADU)
101
(90 for
Vivante
Senior
Housing)
1 Very Low-
Income
(ADU)
1 Low-
Income
(ADU)
8
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
Table B Summary: Regional Housing Needs Allocation Progress
Permitted Units Issuedby Affordability
Income
Level
RHNA
Allocation 2014 2015 2016 2017 2018 2019 2020 Total to
Date
Very Low 1 0 0 0 92 1 2 2 97
Low 1 0 0 0 0 0 1 4 5
Moderate 1 0 0 0 0 0 0 2 2
Above
Moderate 2 115 197 186 1,087 35 23 101 1,744
Total RHNA 5 ------
Total Units
Produced 115 197 186 1,179 498 26 109 1,848
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
Accessory Dwelling Unit (ADU)Ordinance –19
applied, 8permitted and 2 finaled
Senior Housing Assistance Repair Program
(SHARP)–Ongoing
Approximately $228,023 and 11 projects
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
•Residences at Von Karman –260 residential units plus an allowance
for density bonus units up to a totalof 312 units (13 Very-Low Income
units).
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
•Newport Airport
Village -Up to 444
dwelling units (329
base units and 115
density bonus
units) and 297,572
square feet of
retail,office,and
other airport
supporting uses.
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
March 10, 2021 –first draft HE available online
March 17, 2021 –HEUAC meeting
March 22, 2021 –virtual public workshop
March 31, 2021 –HEUAC meeting
April 8, 2021 –Planning Commission study session
April 27, 2021 –City Council study session
May 15, 2021 –submit first draft HE to HCD for 60-
day review
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)
For more information contact:
Melinda Whelan949-644-3221mwhelan@newportbeachca.govwww.newportbeachca.gov
Planning Commission - March 4, 2021 Item No. 7b Additional Materials Presented at Meeting by Staff 2020 Annual General Plan Progress Report and Housing Element Report (PA2007-195)