HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
Study Session and Regular Meeting
July 13, 2021
July 27, 2021
Agenda Item No. 1
In response to Council Members' questions, Community Development Director Jurjis advised
that a tiny house is another term for an ADU, deleting the term tiny house will not lead to larger
ADUs, staff is not considering overlays to regulate ADUs by neighborhood but is updating the
ADU program to be more permissive, and staff can discuss overlays with the Planning
Commission or prepare overlays at Council's direction. He indicated staff prefers to receive the
California Department of Housing and Community Development's (HCD's) comments soon so
staff will have time to revise the draft Housing Element and potentially the Environmental
Impact Report (EIR) process, comply with public notice and public comment requirements, and
plan to submit the final draft Housing Element. He stated that an executive order by the
Governor and a new State law are the only ways to extend the submission deadline, an extension
could occur much closer to the deadline, submitting the draft Housing Element now does not
harm the City, several nearby cities are behind the City's timeline in preparing their draft
Housing Elements, and noted that the City of Coronado has submitted its draft Housing
Element, reviewed HCD's comments, and decided not to complete the Regional Housing Needs
Assessment (RHNA) process. He related that HCD will not support an ordinance requiring more
than 20% inclusionary housing, HCD has stated that the City needs to provide an opportunity
for inclusionary housing, and if the City does not achieve its targets for inclusionary housing
and ADUs, it will have to rezone parcels. Deputy Community 11kelopment Director Campbell
indicated that the City can count pipeline projects and fifth-cy tes that did not redevelop
towards its RHNA allocation, any projects filed after the effective date of an inclusionary
ordinance would be subject to it, Council mayAgnsider different inclusionary percentages for
different parts of the City, and the list of opportunity sites will change to reflect property owners'
requests to be included or excluded. Community Development Director Jurjis added that Shopoff
sent a letter, staff is evaluating the options for Newport Center, and HCD will look at whether
the Housing Element policies and program uppor the planned growth.
Dave Barquist, Kimley-Horn, reported it th ity of Coronado's City Council directed staff
and consultants to utilize 200 uniar its RHNA allocation rather than 912 units, Murrieta,
Fontana, and other cities in the I and Empire have submitted their draft Housing Elements,
and Rialto, Irvine, Orange andihe County of Orange should be submitting their draft Housing
Elements in the next two ofree months.
Council Member Dixon commended staff, the consultant, the community, the task force, and
residents for preparing the draft Housing Element and encouraged everyone to be familiar with
the document.
Council Membei Neill preferred not to be the first city to submit a draft Housing Element.
Nancy Scarbrough, representing Good Neighbors Newport, displayed a slide to discuss the effect
of density bonuses and inclusionary policy aligning with the numbers in Table B-1, and stated
the community needs to understand the ramifications of an inclusionary policy and density
bonuses on projects, and the City needs to craft Housing Element policies before submitting to
HCD.
Debra Allen, President of the Harbor View Hills Community Association, wanted the City to
take as much time as possible to submit the draft Housing Element, believed an inclusionary
policy should be adopted prior to areas being up -zoned, and stated seven properties subject to
the site plane ordinance are interested in this housing opportunity, the draft Housing Element
indicates that objective design standards cannot impede the affordable goal, the site plane
ordinance limits the height and thus the density needed for affordable housing, and many of the
topics need more study.
Debbie Stevens, Housing Element Update Advisory Committee (HEUAC) member, thanked
staff and the consultant, noted the RHNA allocation is 4,845 units but believed the numbers are
at least double, preferred to focus on the numbers the City has to do, suggested putting the
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City of Newport Beach
Study Session and Regular Meeting
July 13, 2021
policies in the draft Housing Element and to look at less than the 100% buffer and the site plane
ordinance, and appreciated many of the changes that were made, such as the ADUs.
Jim Mosher expressed the opinion that the draft Housing Element is not ready for submittal
and the electronic version is not easy to navigate, suggested placing printed copies in the library,
and noted the City sent a letter to HCD regarding Banning Ranch, the plan for housing in
Banning Ranch is puzzling, and policies regarding mobile home parks and mixed -use resort
hotels are contradictory.
Nancy Skinner preferred that the City focus on affordable housing, stay close to 4,800 units,
plan for 1, 500 ADUs, submit as late as possible, and address water service to all these new units.
Charles Klobe agreed with Nancy Scarbrough's comments to increase ADUs to 1,500, add
inclusionary zoning at 20%, and delay submission to the fourth quarter, reviewed inclusionary
rates in other cities, and questioned the rush to submit a draft Housing Element.
Susan DeSantis, HEUAC member, commended Council, staff, and the consultant for their
excellent work, expressed the opinion that the draft Housing Element reflects community
comments and the policies and strategies will significantly address HCD's concerns, subscribed
to Nancy Scarbrough's comments as a member of Good Neighbors Newport, and agreed with
delaying submission, increasing ADUs to 1, 50 nd an inclusionary policy of 20% or more. She
stated that there are housing needs, includingTfor seniors and young families, the public and
private sectors need to address those issues with greater effort and investment, and the draft
Housing Element is almost ready.
Steve Ray, Banning Ranch Conservanc cussed the Environmentally Sensitive Habitat Area
(ESHA) designation and the California astal Commission's and California Supreme Court's
decisions, urged Council to remove Banning Ranch from the plan, indicated the Conservancy is
in the process of acquiring Banning Ranch with a permanent deed restriction for open space,
and offered to assist staff and Council with resolving dilemmas.
Sandra Ayrers thanked Council and the HEUAC, supported 1,500 ADUs because ADUs are
preferable to small apartments, appreciated the policy for senior housing units, and asked that
all neighborhoods carry the brunt of the impacts.
IqW
Dave Tanner referred Table B-1 and the assumption that projects will average 48.5%
affordability when the historic average is closer to 5% to 10%, and recommended the City meet
its affordable housing requirement with 100% affordable housing projects and negotiate down,
language in the draft Housing Element support issues raised in litigation if the City supports
litigation regarding RHNA allocations, revising the community profile section to include 2020
Census data and population growth projections, and delaying public comment regarding new
Housing and Circulation Element policies.
John Tafoya, Southwest Regional Carpenters Union, suggested the City enact policies and
strategies to comply with the RHNA allocation, require projects to provide community benefits
such as hiring local, require projects to exceed 2019 Green Building Codes, and revise the draft
Housing Element to comply with State planning and zoning laws.
Council Member Dixon agreed with comments to discuss delaying submission, 1, 500 ADUs, and
the benefits of a 20% inclusionary policy.
Mayor Pro Tem Muldoon stated the City has to plan for the worst -case scenario, Council will
fight for Newport Beach, and believed the hoops the City has to go through are ridiculous.
Council Member O'Neill shared a list of cities that submitted their Housing Elements according
to the HCD website, indicated submitting the draft Housing Element in 30 days would put
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