HomeMy WebLinkAbout14 - 2021 Annual General Plan and Housing Element Progress Report (PA2007-195)Q �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
March 22, 2022
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner,
mwhelan@newportbeachca.gov
PHONE: 949-644-3221
TITLE: 2021 Annual General Plan and Housing Element Progress Report
(PA2007-195)
ABSTRACT:
State Government Code Section 65400 mandates that the City of Newport Beach (City)
prepare and submit an annual report on the status of the City's General Plan and progress
in its implementation. The Planning Commission will review the 2021 Annual Progress
Report (Report) at its meeting on March 17, 2022. Staff is seeking City Council
authorization to submit the Report to the California Office of Planning and Research and
State Department of Housing and Community Development.
RECOMMENDATION:
a) Find the preparation, review and submission of the 2021 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;
b) Review the 2021 General Plan Progress Report, including the Housing Element
Annual Progress Report; and
c) Authorize the submittal of the 2021 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:
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 of California (State) law.
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2021 Annual General Plan and Housing Element Progress Report (PA2007-195)
March 22, 2022
Page 2
There is no standardized form or format for the preparation of the General Plan Annual
Progress Report; however, the Report was prepared pursuant to guidance provided by
the 2021 Annual Progress Report Memorandum issued by OPR on January 20, 2022.
The Report reflects the status of the implementation measures between January 1, 2021
and December 31, 2021 (Reporting Period), and does not reflect changes or updates that
may have been directed since. The Newport Beach General Plan was adopted in
November 2006 pursuant to available guidelines provided by the State at that time,
pursuant to Government Code Section 65040.2 and consistent with Section 65400(a)(2).
The Report (Attachment A) includes a discussion of the status of each General Plan
Implementation Program (Appendix A of Attachment A), a comprehensive status on each
Housing Element Implementation Program (Appendix B of Attachment A), 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 Attachment A). 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 2021. The Report also
summarizes identified priorities for land use decision making for the Reporting Period.
General Plan Update
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 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 was 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 in 2022. The Circulation Element
is largely complete and staff anticipates hearings to consider it during the summer of
2022.
During the reporting period, the City continued to focus its efforts, which ultimately led to
City Council adoption of the 6th Cycle Housing Element update on February 8, 2022. The
update is a comprehensive statement of the City's housing policies and serves as a guide
for implementation of these policies. As required by State law, the update examines
current housing needs, estimates future housing needs, and establishes goals, policies,
and programs pertaining to those needs while demonstrating capacity to accommodate
the RHNA allocation of 4,845 new housing units. Housing programs are responsive to
current and future needs and established within the context of available community, state,
and federal economic and social resources, realistic quantified housing objectives, and
affirmatively furthering fair housing (AFFH).
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2021 Annual General Plan and Housing Element Progress Report (PA2007-195)
March 22, 2022
Page 3
Outside of the reporting period in 2022, the City Council also established a new steering
committee to help guide the forthcoming comprehensive update of the remainder of the
City's General Plan.
All information regarding the General Plan update efforts to date, 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.
2021 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 City is required to report all housing applications submitted in 2021, including building
permits (Table A in Report) and all housing applications with a net increase in units
approved and finalized in 2021 (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 RHNA goal. The
Southern California Association of Governments (SCAG) prepared a 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 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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2021 Annual General Plan and Housing Element Progress Report (PA2007-195)
March 22, 2022
Page 4
Table B Summary - Regional Housing Needs Allocation Progress
Table B Summary: Regional Housing Needs Allocation Progress
Permitted
Units Issued by Affordabilit
Income RHNA 2014'
2015'
2016'
2017'
20182
2019
2020
2021
Total
Level Allocation
to Date
Very Low 0
0
0
92
1
2
2
0
97
Low 0
0
0
0
0
1
4
0
5
Moderate 0
0
0
0
0
0
2
9
11
Above
230
197
186
1087
35
23
101
35
1,894
Moderate
Total
RHNA
Total
Units 230
197
186
1179
36
26
109
44
2,007
Produced
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 2021 is that Newport Beach entered into
an agreement with Costa Mesa and provided funds for the acquisition, construction and
annual bed fees for the new Costa Mesa Bridge Shelter, which opened in spring 2021. In
addition to temporary housing, the Bridge Shelter provides case workers who assist
homeless individuals with addiction and mental health counseling, job searches, and
accessing permanent housing.
The following is a summary of some of the City's efforts to address homelessness in 2021:
• 42 adults were housed, reunified with family, or entered long-term care facilities
• The Homeless Liaison Officer and Coordinator estimate assisting over 100 people
with various levels of service
• From May 2021 to the end of February 2022, 51 people entered the Costa Mesa
Bridge Shelter from Newport Beach
• From May 2021 to the end of February 2022, the 51 people spent 4,833 shelter
nights at the Costa Mesa Bridge Shelter, off the streets in Newport Beach
• From May 2021 to the end of February 2022, the average length of stay at the
Costa Mesa Bridge Shelter was 95 nights for people from Newport Beach
• 8 people currently at the Costa Mesa Bridge Shelter are matched to housing units
Data for years 2014-2017 are based on permits finalized (certificates of occupancy issued). The 2018
APR form now requests number of units permitted.
2 Due 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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2021 Annual General Plan and Housing Element Progress Report (PA2007-195)
March 22, 2022
Page 5
• 5 people unsheltered in Newport Beach are matched to housing units
• From May 2021 to the end of February 2022, 22 people entered other County
shelters from Newport Beach
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, 2510 West Coast
Highway and 1300 Bristol Residences. Each of those projects is detailed in the attached
report.
Lastly in 2021, the City pursued two separate efforts related to revising the City's
regulations pertaining to accessory dwelling units.
State Law Updates: In 2019, the California Legislature adopted another group of housing
bills aimed at addressing the housing crisis and to further impose new limits on the City's
ability to regulate Accessory Dwelling Units (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. On
December 15, 2021, the Coastal Commission approved the Local Coastal Program (LCP)
amendment with suggested modifications. On March 8, 2022, the City Council accepted
the suggested modifications and adopted the amendments via Ordinance No. 2022-5 and
Ordinance No. 2022-6.
Incentives Beyond State Law: The City is pursuing code changes to implement Council
Policy K-4 and to provide additional incentives to increase the construction of ADUs and
JADUs as part of the Housing Element Update. On September 9, 2021, staff held a study
session with the Planning Commission where a Planning Commission Ad Hoc Committee
was formed. The Ad Hoc Committee met on October 25, 2021, and November 8, 2021.
Future meetings are scheduled in 2022, including a community meeting. The future
changes will be forthcoming in the coming months as the City begins to implement its
updated Housing Element.
In 2021, there were 35 ADUs submitted and a total of 50 ADUs were permitted and
finalized that resulted in a net increase in units. A significant contribution was the 20 ADUs
that were permitted at the existing Coronado Apartments. The project converted existing
mail rooms, utility rooms, and offices into the ADUs. Additionally, 10 more ADUs at
Coronado Apartments were close to receiving permits at the end of the reporting period
and will be included in the 2022 data. All of the ADUs, including the 20 at the Coronado
Apartments, that received permits in 2021 will be counted towards the new 6'" RHNA
cycle.
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2021 Annual General Plan and Housing Element Progress Report (PA2007-195)
March 22, 2022
Page 6
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.
Planning Commission Review and City Council Authorization
The Planning Commission will review the 2021 General Plan Annual Progress Report at
its March 17, 2022 meeting. Any comments resulting in changes to the Report will be
distributed to the City Council as additional materials prior to its meeting on March 22,
2022.
As required by State law, the Report must be reviewed and accepted by the City Council
prior to submission to the Office of Planning and Research and the HCD by April 1 st of
each year.
FISCAL IMPACT:
There is no fiscal impact related to this item.
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.
�lei IEel 10Les
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — General Plan Annual Progress Report 2021
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Attachment A
General Plan Annual Progress Report
2021
14-7
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL
PROGRESS REPORT
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H
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Lr F qy'
a
n
2021 CALENDAR YEAR
APPROVED FOR SUBMISSION
MARCH 22. 2022
THIS PAGE IS INTENTIONALLY LEFT BLANK,
14-9
City of Newport Beach General Plan 2021 Annual Progress Report
Table of Contents
1. Introduction............................................................................................................... 4
2. Presentation and acceptance by local legislative bodies .......................................... 4
3. General Plan Implementation...................................................................................4
4. Housing Element APR report requirements.............................................................. 7
5. General Plan compliance with OPR's General Plan Guidelines ............................. 14
6. Established priorities for land use decision making for 2019 .................................. 15
List of Tables
Table 1 — Quick Status Update for Each Implementation Program
Table A Summary — 2021 Housing Development Applications Submitted
Table A2 Summary — 2021 Building Activity Summary — Net New Units
Table B Summary — Regional Housing Needs Allocation Progress
tippenaices
Appendix A — General Plan Implementation Program Status
Appendix B — Table D. Housing Element Implementation Program Status
Appendix C — Memorandum from Dyett & Bhatia dated November 11, 2019
3
14-10
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 2021
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 2021 Annual Progress Report Memorandum
issued by OPR on January 20, 2021.
2. Presentation and acceptance by local legislative bodies
The annual report was presented to the Newport Beach Planning Commission on
March 17, 2022, and the City Council reviewed the report on March 22, 2022. At
the conclusion of the review that included receiving 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
Ensure that Private Development and Capital
1.1
Improvements are Consistent with the General
✓
Plan
1.2
Update and Revise the General Plan to Reflect
✓
Changing Conditions and Visions
1.3
Prepare Annual General Plan Progress and
✓
Housing Element Implementation Reports
2.1
Amend the Zoning Code for Consistency with
✓
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
0
14-11
City of Newport Beach General Plan 2021 Annual Progress Report
Table 1 — Quick Status Update for Each
Implementation Program
Programs
Ongoing
Complete
Pending
N/A
7.1
Review Building and Construction Code for
✓
Consistency with General Plan
7.2
Revise Fair Share Traffic Contribution
✓
Ordinance
7.3
Review and Update Transportation Demand
✓
Ordinance
8.1
Review Codes and Ordinances for Consistency
✓
✓
with the General Plan and Update Periodical)
8.2
Prepare New Codes, Ordinances, and
✓
Guidelines
9'1
Review City Council Policy Manual for
V/
Consistency with the General Plan
Maintain Up -to -Date Comprehensive Database
(Data such as built land use and traffic should
10.1
be updated on a continuing basis, while data
✓
that is stable, such as seismic hazard zones,
can be updated on a less frequent basis
10.2
Maintain Development Tracking and Monitoring
✓
Program
11.1
CEQA Review Development and Entitlement
✓
Applications
12.1
Evaluate Fiscal Benefits of Large Development
✓
Proposals and Annexations
12.2
Maintain and Update Fiscal Impact Model
✓
13.1
Process Development Agreements
✓
Adjoining Cities
14.1
(`Borders Committees" to collaborate with the
✓
cities of Irvine, Huntington Beach, and Costa
Mesa
14.2
Coordinate with School Districts
✓
14.3
Coordinate with Orange Count
✓
14.4
Coordinate with Orange County Transportation
✓
Authority OCTA
14.5
State of California Department of Housing and
✓
Community Development HCD
14.6
Coordinate with California Coastal Commission
✓
Coordinate with the California Resources
14.7
Agency, Department of Fish and Game (now
✓
known as California Department of Fish and
Wildlife
14.8
Coordinate with the California Department of
✓
Parks and Recreation
14.9
Coordinate with the California Department of
✓
Transportation "Caltrans"
14.10
Transportation Corridor Agencies TCA
✓
14.11
California Public Utilities Commission CPUC
✓
14.12
Coordinate with United States Army Corps of
✓
Engineers ("Corps")
14.13
Coordinate with United States Fish and Wildlife
✓
Service
14.14
Coordinate with Environmental Protection
✓
Agency (EPA)
14-12
Table 1 - Quick Status Update for Each
Im lementation
Program
Programs
Ongoing
Complete
Pending
N/A
Coordinate with United States Postal Service
14.15
(USPS) (for the relocation of Mariners' Mile
✓
distribution facility)
14.16
Other Agencies
✓
15.1
Encourage Annexation of Banning Ranch Prior
✓
to Development
16.1
Improve Arterial Streets and Highways
✓
According to Classification
16.2
Monitor Traffic Conditions and Plan for and
✓
Fund Improvements
16.3
Construct Street and Highway Improvements
✓
16.4
Monitor Roadway Conditions and Operational
✓
Systems
Maintain Consistency with Regional
Jurisdictions (Caltrans and Orange County to
16.5
provide adequate roadway infrastructure plans
✓
and design standards such as the Orange
County Master Plan of Arterial Highways)
16.6
Local/Neighborhood Access Roads
✓
16.7
Traffic Control
✓
16.8
Provide Public Transportation
✓
16.9
Manage Truck Operations
✓
16.10
Improve Parking Supply and Management
✓
16.11
Maintain Trails
✓
16.12
Marine Transportation
✓
Maintain and Implement Urban Water
17.1
Management Plans and Encourage
✓
Conservation
18.1
Maintain and Implement Sewer Master Plan
✓
19.1
Maintain Storm Drainage Facilities
✓
20.1
Design, Fund, and Construct Streetscape
✓
Improvements
20.1
Design, Fund, and Construct Streetscape
✓
Improvements (continued)
20.2
Design, Fund, and Construct Waterfront
✓
Promenade
20.3
Fund and Construct Public View Sites
✓
21.1
Review and Update Harbor and Tidelands
✓
Improvement Plans
21.2
Develop Harbor Area Management Plan
✓
HAMP
21.3
Events Management and Programs
✓
21.4
Harbor Operations and Management
✓
22.1
Maintain and Enhance Police and Fire Facilities
✓
23.1
Maintain and Update Parks and Recreation
✓
Facility Plans
23.2
Maintain and Improve Parks and Recreation
✓
Facilities
23.3
Assess Recreation Needs
✓
23.4
Maintain Recreation Programs for Newport
✓
Beach's Residents
23.5 7
Requirements for Residential Developers
✓
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City of Newport Beach General Plan 2021 Annual Progress Report
Table 1 — Quick Status Update for Each
Implementation Program
Programs
Ongoing
Complete
Pending
N/A
24.1
Adopt and Implement Strategic Plan for Fiscal
✓
and Economic Sustainability
25.1
Implement Housing Element Programs
✓
26.1
Enforce Codes and Ordinances
✓
27.1
Seismic Compliance
✓
28.1
Maintain Hazards Data Base
✓
28.2
Maintain Emergency Preparedness, Response,
✓
and Recovery Programs
29.1
Educate the Communit
✓
29.2
Support of the Arts, Culture, and Historic
✓
Resources
29.3
Support Community Environmental and
✓
Recreation Initiatives
30.1
Maintain Annual Budgets for City Services and
✓
Improvements
Administer Impact and User Fees (Development
30.2
Impact Fees, Park Dedication and In -Lieu Fees,
✓
and Tideland Revenue Fees
Consider the Establishment of Community
31.1
Facilities and Special Assessment
✓
Districts
4. Housing Element APR report requirements
Government Code Section 65400 requires that each city, including charter cities,
prepare an annual progress report (APR) on the status of the Housing Element of
its General Plan. The State Department of Housing and Community Development
has provided mandatory forms (Excel spreadsheets) and definitions for the
reporting. The forms include six large tables (Tables A through 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 2021 calendar year. The complete Table D is provided in Appendix B of this
report.
Table A Summary- Housing Development Applications Submitted
Table A provides a complete listing of all housing applications including
discretionary and ministerial permits submitted during the Reporting Period. The
following table is a summary of the net totals of Table A.
7
14-14
Table A Summa - 2021 Housing Development Applications Submitted
Approved Entitlements
Affordabilit B Income
Certificates of
Occupanty Issued
Unit Type
Total
Above-
Above-
Affordable
Very -Low
Low
Moderate
Moderate
Submitted
Accessory
Income
Income
Income
Dwelling
10
17
12
1
40
Units
Income (ADU)
(30 for
Income
Single-
0
0
0
79
79
Family
Income (ADU)
Newport
6 Moderate -
Multi-
12
12
0
85
109
Family
Income(ADU
ADU
Total
1 22
1 29
1 12
1 165
1 228
Table A2 Summary - Annual Building Activity Summary
Table A2 is a comprehensive table that includes data on net new housing units
and developments that have received any one of the following forms of project
readiness during the Reporting Period: 1) an entitlement approval, 2) a building
permit issued, or 3) a certificate of occupancy issued. These projects are organized
by affordability level. Projects that result in a net zero or decrease in number of
units are not reported in this table. The following table is a summary of the net
totals of Table A2:
Table A2 Summa - 2021 Building Activity Summary — Net New Units
Approved Entitlements
Building Permits Issued
Certificates of
Occupanty Issued
Above-
Above-
Above -
Affordable
Moderate
Affordable
Moderate
Affordable
Moderate
Income
Income
Income
16 Very Low-
359
12 Very Low-
39
2 Very Low-
19
Income Deed
Income (ADU)
(30 for
Income
Restricted
20 Low-
Uptown
(ADU)
Income (ADU)
Newport
6 Moderate -
9 Moderate-
Condos)
Income
Income(ADU
ADU
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
14-15
City of Newport Beach General Plan 2021 Annual Progress Report
dwelling units. It is important to note that actual production of housing has exceed
the 5t" Cycle targets for each income category.
Table B Summary: Regional Housing Needs Allocation Progress
Permitted Units Issued
by Affordability
Income RHNA 2014'
2015'
2016'
2017'
20182
2019
2020
2021
Total to
Level Allocation
Date
VeryLow 0
0
0
92
1
2
2
0
97
Low 0
0
0
0
0
1
4
0
5
Moderate 0
0
0
0
0
0
2
9
11
Above 230
197
186
1087
35
23
101
35
1,894
Moderate
Total RHNA -
-
-
-
-
-
Total Units
230
197
186
1179
36
26
109
44
2,007
Produced
Table C Summary - Sites Identified or Rezoned to Accommodate Shortfall
Housing Need
This table does not apply to Newport Beach because the City did not have an
identified unaccommodated need of sites from a prior Housing Element planning
period. In other words, the City currently has sufficient zoning in place to
accommodate the City's five -unit RHNA.
Table D Summary - Program Implementation Status Pursuant to Government
Code Section 65583
Table D provides the status and/or progress of implementing each Housing
Element Program for the Reporting Period. Appendix B includes a detailed status
report of each Housing Element Program. Some highlights of the program
implementation in 2021 are the following:
■ 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 enables both agencies to provide services to their
respective homeless populations without duplicating efforts and thus better
leveraging their respective resources. Newport Beach entered into agreement
with Costa Mesa and provided funds for the acquisition, construction, and
annual bed fees for the new Costa Mesa Bridge Shelter, which opened in
Spring 2021. In addition to temporary housing, the Bridge Shelter provides
case workers who assist homeless individuals with addiction and mental
Data for years 2014-2017 are based on permits finalized (certificates of occupancy issued). The 2018
APR form now requests number of units permitted.
2 Due 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.
E
14-16
health counseling, job searches, and accessing permanent housing. The
following is a summary of some of the City's efforts to address homelessness
in 2021:
• 42 adults were housed, reunified with family, or entered long-term care
facilities
• The Homeless Liaison Officer and Coordinator estimate assisting over
100 people with various levels of service
• From May 2021 to the end of February 2022, 51 people entered the
Costa Mesa Bridge Shelter from Newport Beach
• From May 2021 to the end of February 2022, the 51 people spent
4,833 shelter nights at the Costa Mesa Bridge Shelter off the streets in
Newport Beach
• From May 2021 to the end of February 2022, the average length of
stay at the Costa Mesa Bridge Shelter was 95 nights for people from
Newport Beach
• 8 people currently at the Costa Mesa Bridge Shelter are matched to
housing units
• 5 people unsheltered in Newport Beach are matched to housing units
• From May 2021 to the end of February 2022, 22 people entered the
other County shelters from Newport Beach
The following are some success stories from 2021:
• November 19, 2021--A woman participating in the Trellis Community
Impact Team, a City -contracted program to build work skills, is now
housed after being reunited with her mother and son in Montebello.
The women entered the Costa Mesa Bridge Shelter in May after living
in her car by the Newport Pier for more than a year. Trellis
International is a Costa Mesa -based non-profit organization which
provides volunteer opportunities for individuals experiencing
homelessness or housing insecurity to learn and/or rebuild job skills
and a path toward stable employment and housing. Through
volunteer projects managed by Trellis' Community Impact Team
(CIT), participants develop and refine job skills needed to reenter the
job market and remain employed. The projects may include cleanup
of beaches, hiking trails, parking lots, piers and other public areas,
graffiti removal, vegetation trimming and removal, and more.
• October 22, 2021-- One person from Newport Beach who was
temporarily residing in the Costa Mesa Bridge Shelter secured
permanent housing through the Street2Home program with the
Illumination Foundation.
• July 2, 2021-- A man who had experienced homelessness for 12
years in Newport Beach and Laguna Beach moved from the Costa
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City of Newport Beach General Plan 2021 Annual Progress Report
Mesa Bridge Shelter into permanent housing, a new apartment in
Tustin.
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
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 Phase
1A (462 apartment units, including 92 affordable units) was completed and
finalized in 2019. In 2020, a minor site development review was approved for 30
residential condominium units, considered Phase 1B. Building permits have not
yet been issued, but construction is anticipated to begin in 2022.
• 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 and is currently in plan check review with permits expected
early 2022.
• 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.
• 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 202,989 square feet of retail,
office, and other airport supporting uses. The project was approved by City Council
on September 22, 2020. The next step will be to submit a Site Development
Review for the design.
• 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 project was approved by the City Council on September 28, 2021.
The applicant has not yet submitted for building permit plan check.
11
14-18
• 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 project was put on hold, as the applicant is considering a
redesign to possibly increase density and add an affordability component.
• 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 called for City
Council review. The project was approved by the City Council on July 27, 2021.
The project was appealed to the California Coastal Commission (CCC) and on
October 13, 2021, the CCC determined no substantial issue, approving the project.
The project is currently in litigation based on compliance with the California
Environmental Quality Act (CEQA).
• Residences at 1300 Bristol Street — Applied for on June, 30, 2021, the project
includes 24 affordable units (12 very -low and 12 low), and the developer has
requested a density bonus of 39 units (50% bonus) for a total of 193 apartment
units, incentives including six (6) development standard waivers related to park
land dedication, building setbacks, building height, private open space for the
studio -size rental units, common open space for the entire Project as well as two
(2) development concessions related to the mix of affordable units and park in -lieu
fee payment. The project was in the entitlement process and scheduled for
hearings in early 2022.
In 2021, the City pursued two separate efforts related to revising the City's regulations
pertaining to accessory dwelling units:
• State Law Updates: In 2019, the California Legislature adopted another group of
housing bills aimed at addressing the housing crisis and 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. On December 15, 2021, the Coastal Commission approved the
LCP amendment with suggested modifications. On March 8, 2022, the City Council
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City of Newport Beach General Plan 2021 Annual Progress Report
accepted the suggested modifications and adopted the amendments via
Ordinances No. 2022-5 and Ordinance No. 2022-6.
• Incentives Beyond State Law: The City is pursuing code changes to implement
Council Policy K-4 and to provide additional incentives to increase the construction
of ADUs and JADUs as part of the Housing Element Update. On September 9,
2021, staff held a study session with the Planning Commission where a Planning
Commission Ad -Hoc Committee was formed. The Ad -Hoc Committee met on
October 25, 2021 and November 8, 2021. Future meetings were scheduled in
2022, including a community meeting. The future changes will be forthcoming in
the coming months as the City begins to implement its updated Housing Element.
In 2021, there were 35 ADUs submitted and a total of 50 ADUs were permitted and
finalized that resulted in a net increase in units. A significant contribution was the 20 ADUs
that were permitted at the existing Coronado Apartments. The project converted existing
mail rooms, utility rooms, and offices into the ADUs. Additionally, 10 more ADUs at
Coronado Apartments were close to receiving permits at the end of the reporting period
and will be included in 2022 data. All of the ADUs including the 30 at the Coronado
Apartments, that received permits in 2021 will be counted towards the new 6t" RHNA
cycle.
The City's Senior Housing Assistance Repair Program (SHARP) continues to
successfully assist low-income seniors. In 2021, Habitat for Humanity and OASIS staff
worked on one new project and expended a total of $1,063 for the first 50 percent of the
project. The project included accessibility modifications. To date, the program has used
$235,726 for a total of 12 projects.
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 2021.
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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 2021.
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 2021.
r. 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 46 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.
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
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 was 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 in 2022.
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) remains pertinent and outlines each shortcoming in more detail:
The Circulation Element does not incorporate every aspect of mobility as
required by Section 65302(b). A Circulation Element update is currently
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City of Newport Beach General Plan 2021 Annual Progress Report
being prepared in conjunction with an update to the Housing Element and
will be compliant with OPR's Guidelines once adopted. Adoption is
anticipated in the Summer of 2022.
• The Safety Element does not fully address Climate Change as required by
Government Code Section 65302(g). The City will update the Safety
Element as part of the comprehensive update to address Climate Change
in concert with an update to the City's 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 also be updated for the 61" cycle
(2021-2029) Planning Period, which was due October 15, 2021. Although
outreach and engagement with the community began late 2019, the City
began preparing an update to the Housing Element in the middle of 2020
by beginning to identify sites through the City Council -appointed Housing
Element Update Advisory Committee (HEUAC). The City completed and
submitted its first draft Housing Element update to the State Department of
Housing and Community Development (HCD) on August 13, 2021 and
received comments back on October 12, 2021. The City revised its draft in
response to those comments and resubmitted on November 17, 2021. On
December 9, 2021, the Planning Commission recommended that the City
Council adopt the Housing Element update. Outside of this review period,
comments were received back from HCD on January 14, 2022. The City
once again revised its draft in response to those comments and the City
Council adopted the final draft on February 8, 2022, and it was subsequently
transmitted to HCD for compliance review and certification on February 11,
2022.
6. Established priorities for land use decision making for 2021
In 2021, priorities on amendments and policies included the following and the
status of each can be found in the referenced Implementation Programs in
Appendix A-
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Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation
Plan) Update Related to Accessory Dwelling Units (Implementation Program
8.2)
Refer to the discussion on page 12 of this report regarding efforts related to
revising the City's regulations pertaining to accessory dwelling units.
Title 17 (Harbor Code) Update (Implementation Program 8.1)
Council Policy H-1 was revised in July 2021 providing for staff to approve dock/float
repair and reconstruction that is essentially like -for -like and giving the Harbor
Commission more discretion in approving pier and dock/float construction projects
that do not conform strictly to the City Municipal Code requirements. Such projects
typically require special review and consideration where the prolongation of upland
property lines is not parallel or where the Army Corp of Engineers Pierhead line is
not defined in the harbor;
• Using funds from the CA State Vessel Turn In Program (VTIP) and Surrendered
or Abandoned Vessels (SAVE) grant programs, more than 30 unwanted,
abandoned, unsafe and unsightly vessels were removed from Newport Harbor.
• Code enforcement efforts were a significant focus in calendar year 2021 and
specifically netted:
o Significant increase in calls for service and the number of closed Code
Enforcement cases. A record number of 1,168 harbor related code
enforcement cases were closed in calendar 2021
o Roll-out of the new and expanded Marine Activities Permit (MAP) and
Small Harbor Operator (SHOR) permit programs. A record 48 MAPs
and SHORs were issued in calendar 2021
o Roll-out of the newly authorized Dye Tab testing program specifically
targeting improved water quality in the Harbor
o Administrative citations and significant deterrent actions taken to
prevent bridge jumping around Newport Harbor. The late spring and
early summer months proved to be particularly active for people entering
Newport Harbor by jumping off bridges and other public structures.
Recognizing this challenge, the Harbor Department put together a plan
to address and coordinated with Lifeguards and Police
• Implementation of new and improved vessel sanitation system pump -out
equipment at the five City -owned pump -out facilities. Included in the improved
equipment are the pre -pump -particle separators. These separators are an
ingeniously engineered device that have essentially eliminated the damage
done to the pumps and hoses when they are used inappropriately to evacuate
bilges on vessels.
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City of Newport Beach General Plan 2021 Annual Progress Report
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.
In the last year, staff has updated the database of all transfers of development
rights in Statistical Areas L1 (Newport Center) and 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.
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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. As discussed in Section 5 of this report, the City
embarked on a comprehensive update of the General Plan in 2019, but pivoted in
2020 to focus on preparing the 6t" Cycle Housing Element update.
During the 2021 reporting period, the City continued to focus its efforts, which
ultimately led to City Council adoption of the 6t" Cycle Housing Element update on
February 8, 2022. The update is a comprehensive statement of the City's housing
policies and serves as a guide for implementation of these policies. As required by
state law, the update examines current housing needs, estimates future housing
needs, and establishes goals, policies, and programs pertaining to those needs
while demonstrating capacity to accommodate the Regional Housing Needs
Assessment (RHNA) allocation of 4,845 new housing units. Housing programs are
responsive to current and future needs and established within the context of
available community, state, and federal economic and social resources, realistic
quantified housing objectives, and affirmatively furthering fair housing (AFFH).
Outside of the reporting period in 2022, the City Council also established a new
steering committee to help guide the forthcoming comprehensive update of the
remainder of the City's General Plan.
All information regarding the General Plan update efforts to date, including the
initiation, evaluation and process can be found on the City's webpage at
iiwww.newportoeacnca.govigpupaaie, as well as the standalone website
established for the effort at www.newporttogether.com.
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APPENDIX A. GENERAL PLAN IMPLEMENTATION PROGRAM STATUS
PROGRAMS
STATUS
1.1
Ensure that Private
Ongoing
Development and
Capital
1. All private development projects require consistency with the General Plan. Consistency is ensured through
Improvements are
application of zoning requirements. Discretionary applications require the adoption of a finding that the project is
Consistent
consistent with the General Plan based upon facts.
with the General
Plan
2. In June 2021, the City Council confirmed that the Fiscal Year 2021-22 Capital Improvement Program (CIP) was
consistent with the General Plan when it approved the CIP with the adoption of the budget.
For reference, in November 2012 the residents approved Measure EE, a City charter amendment. Section 707 of the
City's Charter was amended eliminating the need for the Planning Commission to recommend any proposed Public
Works items to the City Council.
1.2
Update and Revise
Ongoing
the General Plan to
Reflect Changing
The General Plan was comprehensively updated in 2006. Staff reviews the General Plan on an ongoing basis to
Conditions and
ensure it is maintained to reflect current conditions, issues, and visions. In February 2019, the City Council initiated a
Visions
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 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 was 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 in 2022.
During the reporting period, the City continued to focus its efforts, which ultimately led to City Council adoption of the
6th Cycle Housing Element update on February 8, 2022. The update is a comprehensive statement of the City's
housing policies and serves as a guide for implementation of these policies. As required by state law, the update
examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs
pertaining to those needs while demonstrating capacity to accommodate the Regional Housing Needs Assessment
(RHNA) allocation of 4,845 new housing units. Housing programs are responsive to current and future needs and
established within the context of available community, state, and federal economic and social resources, realistic
quantified housing objectives, and affirmatively furthering fair housing (AFFH).
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PROGRAMS
STATUS
Outside of the reporting period in 2022, the City Council also established a new steering committee to help guide the
forthcoming comprehensive update of the remainder of the City's General Plan.
All information regarding the General Plan update efforts to date, 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
Ongoing — 2020 report completed and submitted; 2021 report pending
General Plan
Progress and
The Annual Report for 2020 was reviewed by the City Council and submitted to the Governor's Office of Planning and
Housing Element
Research (OPR) and State of California Department of Housing and Community Development (HCD) in April 2021.
Implementation
Implementation Program 1.3 also states that that the report must specify the degree to which the General Plan
Reports
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 46 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 2021 General Plan Annual Progress
Report attachment remains relevant 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 will update the Safety
Element as part of the comprehensive update to address Climate Change in concert with an update to the City's 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. Outside of this reporting period, the City Council adopted the 6th Cycle Housing
Element update on February 8, 2022 and has formed a new steering committee to help guide the remaining General
Plan updates.
2.1
Amend the Zoning
Complete
Code for
Consistency with
Comprehensive Zoning Code Update, consistent with the General Plan, was adopted by City Council in October 2010.
the General Plan
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PROGRAMS STATUS
3.1
Preparation of New Not Applicable in 2021
Specific Plans
Within the Airport Area, Uptown Newport and Koll Center elected to meet their "regulatory plan" requirements (General
Plan Policy LU 6.15.10) through a Planned Community Development Plan as allowed pursuant to Implementation
Program 4.1. The streetscape improvements for West Newport and Balboa Village are intended to create a unified
theme as public and private improvements are implemented in the area.
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PROGRAMS
STATUS
4.1
New "Planned
Ongoing
Community"
Development Plans
The City adopted one new Planned Community Development Plan during 2021 and the City adopted one major
amendment to an existing PCDP.
• Residences at Newport Center located at 150 Newport Center Drive — The request consists of rezoning a
nonresidential property currently developed with a carwash to a multiple unit residential category, including the
allowance for up to 28 new for -sale residential units with a Planned Community Development Plan. On August
19, 2021, the Planning Commission considered the project and recommended approval to the City Council. On
September 28, 2021, the City Council approved the project.
• 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. On February 9, 2021, the
City Council approved the project that included an amendment to the Koll Center Newport Planned Community
Development Plan.
The City will promote the establishment of planned community development plans when it is appropriate to do so
for future development that is consistent with the General Plan.
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PROGRAMS
STATUS
5.1
Review and Revise
Complete and Ongoing
Coastal Land Use
Plan for
The Coastal Land Use Plan (CLUP) was amended to be consistent with the 2006 General Plan in 2009. When the City
Consistency with
approves an amendment of the General Plan that affects property in the Coastal Zone, the City prepares necessary
the General
amendments to the CLUP. The General Plan amendment is held in abeyance until the corresponding CLUP
Plan
amendment is certified by the California Coastal Commission and accepted by the City Council.
6.1
Review the
Complete
Subdivision
Ordinance for
The Subdivision Code was reviewed and updated in 2009 and 2010 consistent with this program.
Consistency with
the General Plan
7.1
Review Building
Ongoing
and Construction
Code for
Every three years the City's Building and Construction Codes are updated to incorporate changes to the California
Consistency with
Building and Fire Codes. In late 2019 updated Building and portions of the Fire Code were adopted by the City and
General Plan
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. There have been no updates during this reporting period.
7.2
Revise Fair Share
Partially Complete and Ongoing
Traffic Contribution
Ordinance
The City created a subcommittee to study and guide an update to the Fair Share Traffic Fee; however, it held an
abeyance due to the feasibility and uncertainty of infrastructure and costs associated with development of Banning
Ranch. The City continues to adjust the fee annually for changes in the Consumer Price Index.
7.3
Review and Update
Complete
Transportation
Demand Ordinance
The Transportation Demand Management Ordinance was reviewed and updated as a part of the comprehensive
Zoning Code Update in 2010 (see Section 20.44 of the Zoning Code).
8.1
Review Codes and
Complete and Ongoing
Ordinances for
Consistency with
Codes and Ordinances are revised for consistency with the General Plan on an as -needed basis. The Zoning Code
the General Plan
was comprehensively updated in 2010, and Subdivision Code was updated in 2009 and 2010 for consistency with the
and
General Plan. The following are specifically recommended (sections from the Implementation Measure are italicized):
Update Periodically
a. Requirements for live -aboard vessels pertaining to the integrity, quality, and safety of Harbor uses, environmental
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PROGRAMS
STATUS
protection, and impacts on the public, waterfront owners/lessees, and adjoining properties — Council Policy H-1 was
revised in July 2021 providing for staff to approve dock/float repair and reconstruction that is essentially like -for -like and
giving the Harbor Commission more discretion in approving pier and dock/float construction projects that do not
conform strictly with the City Municipal Code requirements. Such projects typically require special review and
consideration where the prolongation of upland property lines is not parallel or where the Army Corp of Engineers
Pierhead line is not defined in the harbor;
• Using funds from the CA State Vessel Turn In Program (VTIP) and Surrendered or Abandoned Vessels (SAVE)
grant programs, more than 30 unwanted, abandoned, unsafe and unsightly vessels were removed from
Newport Harbor.
• Code enforcement efforts were a significant focus in calendar year 2021 and specifically netted.
o Significant increase in calls for service and the number of closed Code Enforcement cases. A record
number of 1,168 harbor related code enforcement cases were closed in calendar 2021
o Roll-out of the new and expanded Marine Activities Permit (MAP) and Small Harbor Operator (SHOR)
permit programs. A record 48 MAPs and SHORs were issued in calendar 2021
o Roll-out of the newly authorized Dye Tab testing program specifically targeting improved water quality in
the Harbor
o Administrative citations and significant deterrent actions taken to prevent bridge jumping around
Newport Harbor. The late spring and early summer months proved to be particularly active for people
entering Newport Harbor by jumping off bridges and other public structures. Recognizing this challenge,
the Harbor Department put together a plan to address and coordinated with Lifeguards and Police
• Implementation of new and improved vessel sanitation system pump -out equipment at the five City -owned
pump -out facilities. Included in the improved equipment are the pre -pump -particle separators. These
separators are an ingeniously engineered device that have essentially eliminated the damage done to the
pumps and hoses when they are used inappropriately to evacuate bilges on vessels.
b. Regulation and transfer of mooring permit applications and titles — Managed by the City's Harbormaster's Office on
an ongoing basis.
• A new mooring permit form was rolled out to all onshore and offshore mooring permittees. The effort to connect
with each mooring permittee was significant. Many permittees had permits that had not been updated in
decades. The quality of permit history records turned over to the City in 2017 was incomplete and inconsistent.
Significant effort was spent to bring records and permittee contact information into current, consistent and
accurate state.
• A record number of moorings were transferred in calendar 2021. Total permits transferred in 2021: 131
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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. The Harbor Standards were updated to match the LCP requirements, approved by City Council in March
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. On November 19, 2021, the Coastal Commission approved the City's LCP Amendment related to cottage
preservation with suggested modifications. The City Council accepted the suggested modifications and adopted the
amendment on January 25, 2022. The amendment provides a voluntary option for homeowners seeking to remodel but
preserve traditional beach cottages.
f) Standards for single unit and two -unit residential buildings was reviewed and updated consistent with General Plan
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.
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8.2
Prepare New
Ongoing
Codes, Ordinances,
and Guidelines
The comprehensive Zoning Code update was adopted in November 2010, by the City Council. The following are
specifically recommended (sections from the Implementation Measure are italicized):
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 due to competing priorities and staff resources.
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
update. See Program 16.10 for an update on 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.
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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. During this
reporting period, the City continued to pursue amendments to Title 21 with the California Coastal Commission.
In 2021, the City pursued two separate efforts related to revising the City's regulations pertaining to accessory dwelling
units.
State Law Updates: In 2019, the California Legislature adopted another group of housing bills aimed at addressing the
housing crisis and 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. On December 15, 2021, the Coastal
Commission approved the LCP amendment with suggested modifications. On March 8, 2022, the City Council
accepted the suggested modifications and adopted the amendments via Ordinances No. 2022-5 and Ordinance No.
2022-6.
Incentives Beyond State Law: The City's is pursuing code changes to implement Council Policy K-4 and to provide
additional incentives to increase the construction of ADUs and JADUs as part of the Housing Element Update. On
September 9, 2021, staff held a study session with the Planning Commission where a Planning Commission Ad -Hoc
Committee was formed. The Ad -Hoc Committee met on October 25, 2021, and November 8, 2021. Future meetings
were scheduled in 2022, including a community meeting. The future changes will be forthcoming in the coming months
as the City begins to implement its updated Housing Element.
The City initiated a review and update of the City's density bonus ordinance to make it consistent with State Law. The
City implements State Law where in conflict with the outdated local ordinance.
9.1
Review City Council
Ongoing
Policy Manual for
Consistency with
In 2021, the following City Council Policies were reviewed and amended: A-1, F-1, F-8, G-1, G-3, G-6, H-1 and, K-4.
the General Plan
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10.1
Maintain Up -to -Date
Ongoing
Comprehensive
Database
The City's Geographical Information System (GIS) data is updated regularly to provide up-to-date parcel -specific
(Data such as built
information including specific lot information (agreements), planning (zoning, land entitlements, building, code
land use and traffic
enforcement, environmental layers, general information [contours, assessor, easement, etc.]), general services, harbor,
should be updated
hazards including flood and seismic, fire, police, public works, parking, street and utilities. New layers are added
on a continuing
whenever necessary and appropriate.
basis, while data
that is stable, such
as seismic hazard
zones, can be
updated on a less
frequent basis)
10.2
Maintain
Ongoing
Development
Tracking and
The City continues to fine-tune a parcel -specific database that accounts for all existing development. The database
Monitoring Program
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
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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
Ongoing
Development and
Entitlement
All private and public development projects and programs defined as a "project" pursuant to the California
Applications
Environmental Quality Act (CEQA) are reviewed in compliance with the Act.
12.1
Evaluate Fiscal
Ongoing
Benefits of Large
Development
The City continues to examine the fiscal benefits of large development proposals consistent with Implementation Policy
Proposals and
12.1.
Annexations
No annexations were considered during the reporting period.
12.2
Maintain and
Ongoing
Update Fiscal
Impact Model
The fiscal impact model is maintained by Applied Development Economics, Inc. on behalf of the City. The model
calculates public service impacts for specific land uses that support the residential population, the employment base
and the visitor population in the City. It also calculates the public revenues that each type of land use typically
generates for the City, including property taxes, sales taxes, and other taxes, as well as a variety of user charges and
fees. The output from the fiscal impact model can be modified to address these circumstances for each individual
project and the fiscal year the project is proposed.
13.1
Process
Ongoing
Development
Agreements
The City requires Development Agreements for projects in accordance with Chapter 15.45 of the Municipal Code and
where required by the General Plan. In 2020, The Newport Airport Village housing project for up to 444 dwelling units
was approved including a Development Agreement (Ordinance No. 2020-23). The Residences at Von Karman DA202-
002 was approved on February 9, 2021, for the 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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14.1
Adjoining Cities
Ongoing
( "Borders
Committees" to
The City continuously collaborates with neighboring cities as projects/issues warrant but there currently is not an
collaborate with the
established committee.
cities of Irvine,
Huntington Beach,
Costa Mesa Bridge Shelter - On November 24, 2020, the City Council approved the Memorandum of Understanding
and Costa Mesa)
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 enables both agencies to provide services to their respective homeless
populations without duplicating efforts and thus better leveraging their respective resources. Newport Beach entered
into agreement with Costa Mesa and provided funds for the acquisition, construction, and annual bed fees for the new
Costa Mesa Bridge Shelter, which opened in Spring 2021. In addition to temporary housing, the Bridge Shelter
provides case workers who assist homeless individuals with addiction and mental health counseling, job searches, and
accessing permanent housing. Additionally, CDBG funds ($48,497) have been earmarked for contribution to future
maintenance of the Costa Mesa Bridge Shelter.
Trellis International Grant - On September 14, 2021 City Council awarded a $30,000 grant to Trellis International
(Trellis). Trellis is a non-profit organization based in Costa Mesa that works with the homeless and housing insecure to
develop job skills necessary to re-enter the job market. Through this grant Trellis will provide four -person volunteer
teams to conduct eight or more work projects each month for a one-year term. Projects are focused on areas within the
City of Newport Beach that are currently not serviced by City staff or contractors. These projects may include cleaning
up trash and debris from parks, roadsides, trails, and beaches; vegetation trimming and removal; removing or reporting
graffiti and/or stickers on signs; and much more. Trellis undertook a cleanup effort on Monday, September 13, 2021 at
Big Canyon Nature Park and was successful at filling two 50 -gallon trash bags with trash and debris collected from the
trails and parking lot.
The following are some success stories from 2021:
• November 19, 2021--A woman participating in the Trellis Community Impact Team, a City -contracted program
to build work skills, is now housed after being reunited with her mother and son in Montebello. The women
entered the Costa Mesa Bridge Shelter in May after living in her car by the Newport Pier for more than a year.
Trellis International is a Costa Mesa -based non-profit organization provides volunteer opportunities for
individuals experiencing homelessness or housing insecurity to learn and/or rebuild job skills and a path toward
stable employment and housing. Through volunteer projects managed by Trellis' Community Impact Team
(CIT), participants develop and refine job skills needed to reenter the job market and remain employed. The
projects may include cleanup of beaches, hiking trails, parking lots, piers and other public areas, graffiti
removal, vegetation trimming and removal, and more.
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• October 22, 2021 --One person from Newport Beach who was temporarily residing in the Costa Mesa Bridge
Shelter secured permanent housing through the Street2Home program with the Illumination Foundation.
• July 2, 2021-- A man who had experienced homelessness for 12 years in Newport Beach and Laguna Beach
moved from the Costa Mesa Bridge Shelter into permanent housing, a new apartment in Tustin.
14.2
Coordinate with
Ongoing
School Districts
Staff works with Newport Mesa Unified School District, Santa Ana Unified School District, and Coast Community
College District ("School Districts") on the identification and acquisition of potential school sites and expansion of
existing facilities on an as -needed basis. Should the need arise, Public Works staff monitors traffic conditions at school
locations. The City works with the School Districts on joint -use agreements for public recreational uses of school
properties on an as -needed basis. School fees are assessed during the issuance of building permits when applicable.
14.3
Coordinate with
Ongoing
Orange County
The City of Newport Beach continues to work with Orange County on various programs affecting land use and
development, affordable housing, transportation, infrastructure, resource conservation, environmental quality,
management of Newport Harbor and Upper Newport Bay; and John Wayne Airport operations and improvement plans
on an as -needed basis.
14.4
Coordinate with
Ongoing
Orange County
Transportation
The Public Works Director is on the Technical Advisory Committee (TAC), which meets monthly and consists of most
Authority (OCTA)
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
Ongoing
Department of
Housing and
The 2020 General Plan Annual Progress Report, including the Housing Element Report, was sent to HCD in April
Community
2021.
Development
(HCD)
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14.6
Coordinate with
Ongoing
California Coastal
Commission
On October 29, 2019, the City submitted a Local Coastal Program Amendment (LC2019-003) to the California
Coastal Commission to incorporate regulations authorizing the Transfer of Development Rights (TDR). General
Plan Land Use Element Policy LU 4.3 (Transfer of Development Rights) establishes the City's current citywide
TDR program in Newport Beach and Policy LU 6.14.3 (Transfer of Development Rights) establishes the TDR
program in the Newport Center area of the City. Although TDRs are an established program in the City, TDR
provisions were not included in the adopted LCP. 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 2022.
• Planning and Public Works staff routinely communicate directly with Coastal Commission staff on an as -needed
basis regarding implementation of the Local Coastal Program. The following are Coastal Commission Actions
related to LCP Amendments in 2021:
o On November 19, 2021, the Coastal Commission approved the City's LCP Amendment related to
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cottage preservation with suggested modifications. The City Council accepted the suggested
modifications and adopted the amendment on January 25, 2022. The amendment provides a voluntary
option for homeowners seeking to remodel but preserve traditional beach cottages.
o On November 19, 2021, the Coastal Commission approved the City's LCP Amendment related to
increased hedge heights on Lido Isle. The City Council adopted the amendment on January 25, 2022.
o On December 15, 2021, the Coastal Commission approved the City's LCP Amendment related to
accessory dwelling units with suggested modifications. The City Council accepted the suggested
modifications and adopted the amendment on March 8, 2022. The amendment updates the City's
regulations pertaining to accessory dwelling units and junior accessory dwelling units to conform to the
latest changes in State law.
o On October 13, 2021, the Coastal Commission approved the City's LCP Amendments related to short-
term lodging with suggested modifications. The City Council accepted the suggested modifications and
adopted the amendment on December 14, 2021. The amendments revise the City's regulations for
short-term lodging city wide by establishing a maximum cap of 1,550 permits and establishing a
minimum 2 -night stay. The amendments also establish specific regulation for Newport Island, including
owner -occupancy requirements, establishing daytime and nighttime occupancy limits, and maximum 20 -
permit cap.
o On July 7, 2021, the Coastal Commission approved the City's LCP Amendments related to residential
design standards and amortization of nonconforming signs. with suggested modifications. The City
Council adopted the amendments on September 28, 2021.
o On October 13, 2021, the Coastal Commission approved the City's LCP Amendment related to
minimum lot size and dimensions, overlay zoning districts, public hearing notification requirements, and
code amendment processing. The City Council adopted the amendment on December 14, 2021.
o Peninsula Encroachment Removal Project - Construction scheduled to start September 2022
with substantial completion anticipated by June 1, 2023.
14.7
Coordinate with the
Ongoing
California
Resources Agency,
1. Planning and Public Works staff routinely communicates with California Department of Fish and Wildlife with
Department of Fish
regards to the management of Upper Buck Gully and the upper Newport Bay.
and Game (now
known as California
2. Recreation and Senior Services staff continues to work as a partner with the University of California, Irvine;
Department of Fish
Orange County Public Health; OC Parks; California Department of Fish and Wildlife; and the Back Bay Science
and Wildlife)
Center.
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14.8
Coordinate with the
Ongoing
California
Department of
The City, through its Natural Resource Division of the Recreation and Senior Services Department, coordinates with
Parks and
the California Department of Fish and Wildlife, California State Parks, the County, education, and non-governmental
Recreation
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 2021 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.
14.9
Coordinate with the
Ongoing
California
Department of
The City's Public Works Department coordinates with Caltrans on an as -needed basis for the review of improvements
Transportation
to the State Highway System or impacts on the system by development, construction and/or special events:
("Caltrans")
• The City has teamed up with the Orange County Transportation Authority (OCTA) and Caltrans to update traffic
signal communication, control equipment and coordination along Coast Highway through the Measure M2
grant -funded Coast Highway Traffic Signal Synchronization Project. 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 were monitored through 2021.
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14.10
Transportation
Ongoing
Corridor Agencies
(TCA)
City staff continually works with the Transportation Corridor Agencies (TCA) regarding the San Joaquin Hills (SR -73)
Toll Road and continuously implements TCA's Major Thoroughfare and Bridge Fee Program through the Municipal
Code. Impact fees are collected by the City when a building permit is issued. Councilmember O'Neil is the city
representative on the TCA board.
14.11
California Public
Ongoing
Utilities
Commission
The City works with the California Public Utilities Commission (CPUC) to explore funding for the undergrounding of
(CPUC)
utilities. To date, the City has adopted several underground utility districts, including property owner funded
assessment districts, to provide funding for undergrounding projects. Most of the funding for undergrounding in the City
has come from these assessment districts using CPUC Rule 20B. In years past, the City received 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. However, the 20A program was suspended by
the CPUC at their June 8, 2021, commission meeting SCE will only complete "Active" 20A underground projects;
Balboa Boulevard being the only remaining City project, which is scheduled for completion in 2023. The City Council
approved seven, 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, and two new districts approved in 2022 for the remaining portions of Balboa Island and a small area on Santa
Ana Avenue near Cliff Drive. All these assessment districts are in various stages of completion. AD 117 in Corona del
Mar can be deemed complete at this time. AD -116 and 116b on the Balboa Peninsula will be completed in 2023.
Staff also continues to work with other resident groups in Balboa Peninsula and Corona del Mar for possible other Rule
20B projects.
14.12
Coordinate with
Ongoing
United States Army
Corps of Engineers
1. Public Works staff continues to coordinate with the Corps on the City's "Newport Specific Eelgrass Plan" — an
("Corps")
ecosystem -based eelgrass management plan for Newport Harbor. The Plan was approved in December 2015.
2. Public Works staff continues to strategize and coordinate 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 2022. Partial federal funding has been allocated
and the last step in the project is the approval of a Confined Aquatic Disposal (CAD) facility within the Harbor to
address sediments unsuitable for ocean disposal. With anticipated approval by the Coastal Commission in May
or June of 2022, construction is expected to begin in the fall of 2022.
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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 completed in April 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. The City has agreed to be CEQA lead. Construction is anticipated to begin at the
earliest Fall 2022 and the latest Fall 2023.
6. San Diego Creek Interceptor (formerly call the Trash Wheel and Newport Bay Interceptor) — 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 phase with the drawings almost complete and permit
applications pending. Project start: April 1, 2023. The project is anticipated to be substantially complete in
September 30, 2024 with construction commencement in Winter 2023.
14.13
Coordinate with
Ongoing
United States Fish
and Wildlife Service
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).
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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
Ongoing
Environmental
Protection Agency
The City coordinates with the U.S. EPA in collaboration with other resource agencies in the protection of terrestrial and
(EPA)
marine resources and sediment disposal sites for future dredging projects on an as -needed basis when projects are
within the U.S. EPA jurisdiction.
14.15
Coordinate with
Ongoing
United States
Postal Service
The USPS distribution facility was relocated to Santa Ana and Anaheim. The USPS maintains a location in the
(USPS) (for the
Mariners' Mile area offering typical retail mail services.
relocation of
Mariners' Mile
distribution facility)
14.16
Other Agencies
Ongoing
The City continuously works with the following agencies that are involved in the development of capital improvement
and conservation programs:
• Energy providers, such as Southern California Edison and Southern California Gas Company
• Telecommunications service providers on a case-by-case basis
• Santa Ana Regional Water Quality Control Board
• Metropolitan Water District
• South Coast Air Quality Management District
• Southern California Association of Governments (SCAG)
• California State Parks
• National Marine Fisheries Service
15.1
Encourage
Ongoing
Annexation of
Banning Ranch
The City continues to encourage the annexation of the entire Banning Ranch property prior to any development.
Prior to
Development
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16.1
Improve Arterial
Ongoing
Streets and
Highways
West Coast Highway (SR -1) and Old Newport Boulevard Intersection Improvements — The project will improve West
According to
Coast Highway at Old Newport Boulevard to provide for a third westbound through lane, a right turn lane, and a bike
Classification
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. City Council approved the concept design in December 2019 and the final design was
approved by the Newport Beach Zoning Administrator in December 2020 and by the Planning Commission in March
2021.City staff is coordinating with the California Coastal Commission for a Coastal Development Permit amendment
and anticipates starting construction in Summer of 2022.
16.2
Monitor Traffic
Ongoing
Conditions and Plan
for and Fund
1. Traffic Engineering Staff continues to operate the Traffic Management Center to monitor and respond to traffic
Improvements
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
Ongoing
and Highway
Improvements
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 a Pavement Management Plan and performs roadway pavement resurfacing projects to maintain
roadways at a high level. Roadways are improved through replacement of deteriorated roadway surfaces with new
concrete or asphalt pavement, including new traffic striping and traffic sign cleanup. Local and neighborhood streets
are maintained through the annual roadway slurry seal program.
16.4
Monitor Roadway
Ongoing
Conditions and
Operational
The City continues to monitor and improve traffic flow through proactive maintenance and updates to the City's modern
Systems
traffic signal system.
• The City has teamed up with the Orange County Transportation Authority (OCTA) and Caltrans to update traffic
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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
Ongoing
Consistency with
Regional
The City monitors the regional Arterial Program, OCTA's Master Plan, and the Countywide traffic model to ensure
Jurisdictions
consistency. Public Works staff coordinates with regional jurisdictions on an as -needed basis. Public Works staff is
(Caltrans and
currently working with the Orange County Council of Government (OCCOG), Technical Advisory Committee (TAC),
Orange County to
and the Southern California Association of Governments (SCAG) in reviewing the Orange County Complete Streets
provide adequate
Initiative Design Manual.
roadway
infrastructure plans
and design
standards such as
the Orange County
Master Plan of
Arterial Highways)
16.6
Local/Neighborhood
Ongoing
Access Roads
Public Works staff works with local neighborhood groups on an as -needed basis when traffic issues arise. The City
maintains standards that ensure safe and efficient access for emergency vehicles. The City has been extensively
working with the Newport Heights neighborhood to improve safety in and around school areas. An extensive
neighborhood traffic calming project was completed in the Mariners and Dover Shores neighborhoods in 2021.
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.
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16.7
Traffic Control
Ongoing
The following projects were implemented to improve traffic congestion through conventional and innovative methods of
traffic control:
1. The Annual Traffic Signal Rehabilitation Program will rehabilitate the Irvine Avenue/University Drive, Superior
Avenue/Hospital Road, San Miguel Road/Port Ramsey Place, Placentia Avenue/15th Street, traffic signals.
Construction contracts for the FY21 and FY22 Traffic Signal Rehabilitation Projects have been awarded. These
projects will rehabilitate the MacArthur Boulevard/Bonita Canyon Drive, Newport Coast Drive/San Joaquin Hills
Drive and Placentia Avenue/15th Street, Newport Coast Drive/Pelican Hills Road South, Newport Coast
Drive/Pelican Hills Road North, Newport Coast Drive/Provence and Newport Coast Drive/Vista Ridge Road traffic
signals.
2. A new traffic signal was installed at Southbound Newport Boulevard/28th Street to improve traffic, pedestrian
mobility and to facilitate emergency vehicle egress from the future Fire Station. This project included pedestrian
improvements at Balboa Blvd/281h Street and Southbound Newport Boulevard/26th Street intersections including
updated pedestrian warning signs, new streetlights and curb extensions.
16.8
Provide Public
Ongoing
Transportation
The City continuously looks for opportunities to support the upgrade and enhancement of existing facilities, as well as
encourage the development of additional public transportation services and facilities. The City provides shuttle bus
services for the Oasis Senior Center clients on an as -needed basis. The City also continuously works with the Orange
County Transportation Authority (OCTA) for countywide bus services.
For two years, the City operated 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. 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. The program returned in 2021 to provide services in a limited capacity and is expected to
continue in 2022. The average ridership in 2021 between the end of June 2021 and the beginning of September 2021
was approximately 1,000 riders per weekend.
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16.9
Manage Truck
Ongoing
Operations
Trucks are required to obtain a Haul Route Permit through the Public Works Department and are required to use
designated haul routes.
16.10
Improve Parking
Ongoing
Supply and
Management
Parking availability can be challenging especially during the summer when many thousands of people visit coastal
areas. West Newport, Balboa Peninsula, Mariners Mile, and Corona del Mar experience high parking demand. Parking
conflicts can hold back commercial and economic activities. Creating new parking is often expensive.
The City requires new development to provide off-street parking in accordance with the Zoning Code and Local Coastal
Program thereby increasing parking supply.
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 anticipated in the coming months. Near the end of
2021, the City prepared a parking management plan for the Balboa Village overly (PM -1) and is preparing to submit it
to the Coastal Commission for a consolidated coastal development permit review in early 2022.
Building off the Balboa Village effort, the City Council directed staff in 2021 to study the development of Parking
Management Overlay Districts in other activity nodes within the City. The City has retained a parking consulting firm to
assist with this effort and is actively studying other parking management tools such as curbside management and code
updates to address parking requirements in light of the increase in rideshare and other alternative forms of
transportation. The City anticipates conducting public hearings for the potential adoption of additional Parking
Management Overlay Districts and parking management tools by the end of 2022.
16.11
Maintain Trails
Ongoing
The City continues to maintain existing bike paths and trails that are within the City's jurisdiction. The City continues to
review and expand bicycle facilities during roadway reconstruction projects.
16.12
Marine
Complete
Transport tion
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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
Ongoing
Implement Urban
Water Management
The recent snowfall in the Sierra Mountain range certainly helped a worsening drought gripping California. These
Plans and
drought periods followed by unpredictable winter months seem to be the new normal. Therefore, long-term Water Use
Encourage
Efficiency/Conservation Bills (SB 606 (Hertzberg) and AB 1668 (Friedman)) were signed into law by former -Governor
Conservation
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.
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:
• 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.
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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 was updated in 2021. The Plan includes (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
df
18.1
Maintain and
Ongoing
Implement Sewer
Master Plan
The Public Works Department continues to implement the adopted Sewer Master Plan with projects throughout the
City.
A vigorous sanitary system overflow (SSO) prevention plan, which includes good investments in our Wastewater
Master Plan, use of closed-circuit television (CCTV) program to monitor the system, and an aggressive lift -station
cleaning program continues.
19.1
Maintain Storm
Ongoing
Drainage Facilities
The City provides an annual budget allocation for ongoing maintenance of the City's storm drain system. Additionally,
the City identifies additional system enhancements in the City's Capital Improvement program.
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
3. Newport Dunes Diversion Upgrade Project — Construction completed
4. Installed 435 Connector Pipe Screens — Completed
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5. Street sweeping program consisted of 36,325 curb miles swept, removing 3,524 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 3,268 catch basins were cleaned, yielding 362 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 drainsystem/bay/ocean.
20.1
Design, Fund, and
Ongoing
Construct
Streetscape
This is an ongoing effort that is budgeted through the City's Capital Improvement program.
Improvements
(continued)
The Balboa Blvd Median Improvements project is located on Balboa Blvd between 12th Street and Medina Way. This
project involves removing the existing raised medians, constructing new raised medians and median curbs, installing
pavers within the raised medians, installing a new irrigation system and planting trees within the medians. The asphalt
street will also be slurry sealed and restriped as part of this project. Construction scheduled to begin in early 2022.
Ocean Boulevard Sidewalk Overlook:
• City constructed a sidewalk overlook at the top of the Ocean Boulevard bluff just above China Cove.
• A resident with disabilities and friends routinely stopped there to enjoy the beach sunsets, but the view was
obstructed by the existing trees, shrubs, and overgrown landscaping.
• The City cleared out the non-native landscaping and constructed a 14' -wide overlook with bench seating
• Below the overlook, the landscaping will be replaced with a mixture of California native and friendly plants that
will not obstruct the view.
• A missing sidewalk segment was added to connect the new overlook to the rest of Ocean Boulevard sidewalk.
Previously, residents had to step into the street to continue down the road.
• Current ADA ramps were constructed to allow residents to easily access the new feature.
• Project was bid last Fall 2021 with construction and final landscaping early 2022.
20.2
Design, Fund, and
On Hold
Construct
Waterfront
A plan was created in 2005 for a walkway from Mariners' Mile to Lido Village along Newport Harbor; however, the plan
Promenade
is on hold due to lack of funding.
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20.3
Fund and Construct
Ongoing
Public View Sites
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. City Council approved the concept design in December 2019 and the final design was
approved by the Newport Beach Zoning Administrator in December 2020 and by the Planning Commission in March
2021.City staff is coordinating with the California Coastal Commission for a Coastal Development Permit amendment
and anticipates starting construction in Summer of 2022.
21.1
Review and Update
Ongoing
Harbor and
Tidelands
The Tidelands Capital Plan (TCP) was originally implemented in 2012. The TCP is now called the Harbor Capital
Improvement Plans
Project Planning Tool and is a living document that is updated and refined by staff throughout each year, including
2021.
21.2
Develop Harbor
Complete
Area Management
Plan (HAMP)
In November 2010, the City Council approved the HAMP.
21.3
Events
Ongoing
Management and
Programs
Chamber of Commerce, Harbor Resources, and Orange County Harbor Patrol continuously work together to plan and
implement special events that take place in the Harbor such as the annual Christmas Boat Parade. 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 which was held virtually April 19-23, 2021.
21.4
Harbor Operations
Ongoing
and Management
A joint City/County study that evaluates the costs and efficiency of current services provided by the City and County in
Newport Harbor and opportunities to realign these to reduce costs was considered in 2021 and had support from the
LAFCO organization. The study did not move forward based on guidance from County leadership who felt the study
was not needed at this time. A new study may be prioritized in the future based on needs and funding.
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22.1
Maintain and
Ongoing
Enhance Police and
Fire Facilities
Newport Beach Police and Fire Departments annually maintain and periodically update facilities and personnel to
provide a high-level of service. This process is implemented through the City's budget process. Additionally, response
times are monitored, and changes are proposed through the budget process.
23.1
Maintain and
Ongoing
Update Parks and
Recreation Facility
The Recreation and Senior Services Department reviews the status of the park system on an ongoing basis and
Plans
improvements are recommended in the City's annual Capital Improvement Plan.
23.2
Maintain and
Ongoing
Improve Parks and
Recreation
In 2021, the following accomplishments were achieved:
Facilities
1. Ongoing maintenance of existing facilities;
2. Renovation of Grant Howald Park- Construction complete;
3. Designs for Cliff Drive Community Center and Civic Center Dog Park completed, construction scheduled for
2022;
4. Vincent Jorgenson Community Room kitchen remodel completed;
5. COVID-19 Vaccination clinics held in partnership with Hoag Hospital and County of Orange;
6. Draft Lease agreement with Newport Ridge Community Association completed for joint use of Newport Ridge
Park for Pickleball court construction;
7. West Newport, Irvine Terrace Tennis Courts and San Miguel Basketball Court resurfaced; and
8. Site plan finalized for Newport Beach Junior Lifeguard and Community Center building.
23.3
Assess Recreation
Ongoing
Needs
The Recreation and Senior Services Department continuously analyzes enrollment numbers in existing recreation
programs and periodically initiates community surveys to assess the current needs of the community.
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23.4
Maintain Recreation
Ongoing
Programs for
Newport Beach's
The Recreation and Senior Services Department provides recreation programs citywide. The Newport Navigator is a
Residents
recreation guide for all recreation programs and services provided by the City. The Newport Navigator is produced
quarterly in addition to a summer issue. The Parks, Beaches, and Recreation Commission (PB&R) acts in an advisory
capacity to City Council for all matters pertaining to parks, beaches, recreation, parkways, and street trees. The
following are Commission highlights from 2021:
1. Residences at 4400 Von Karman Project- Review of Public Park;
2. Marine Avenue Level 3 Testing and Assessments of Trees;
3. Community Service Awards Presented to Lynn Simons and OASIS COVID Response Team;
4. City Magnolia Trees and Tulip Scale on City Magnolia trees: Issues, Treatment Strategies and
Recommendations;
5. 15 Tree Reforestations Requested;
6. 3 Bench Donations;
7. Condition and Maintenance of Special Neighborhood Canary Island Date Palms and Marguerite Avenue;
8. Ocean Boulevard Vision Plan to further explore and potentially develop a plan or guidelines for landscape and
park improvements along Ocean Boulevard;
9. Newport Mesa Soccer Light Request;
10. Eight Pickleball Courts at Newport Ridge Park review and recommendation; and
11. Elections — Diane Daruty, Chair/ Hassan Archer, Vice Chair.
Ad Hoc Committee Appointments: Community Service Award Reappoint Hassan Archer, Heather Ignatin, Keira
Kirby; Youth Sports Commission Member Organization Reappoint Keira Kirby, Laird Hayes, Kate Malouf; Newport
Ridge Pickleball Courts Reappoint Heather Ignatin, Laird Hayes, Kate Malouf; Balboa Island Benches Appoint
David Granoff, Diane Daruty, Laird Hayes; Ocean Blvd Hassan Archer, Laird Hayes, Keira Kirby
23.5
Requirements for
Ongoing
Residential
Developers
Park fees are assessed for all new residential subdivisions pursuant to the Subdivision Map Act and the City's
Subdivision Code. 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 went into effect January 9, 2021 and will be phased -in
over two years.
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24.1
Adopt and
Ongoing
Implement Strategic
Plan for Fiscal and
In June 2009, the City Council updated its Strategic Plan for Fiscal and Economic Stability through the Economic
Economic
Development Committee (EDC). The Strategic Plan is designed to serve as a work program for the City Council, City
Sustainability
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. The Strategic Plan continues to be reviewed and implemented each year.
25.1
Implement Housing
Ongoing
Element Programs
The City implements Housing Element Programs through the review of proposed residential projects. Programs are
reviewed in the Housing Element Progress Report, which is provided as a part of the Annual General Plan Progress
Report.
26.1
Enforce Codes and
Ongoing
Ordinances
The City enforces all Municipal Code Sections including but not limited to health and safety, and zoning to implement
the General Plan primarily on a complaint -driven basis. Code Enforcement and Planning staff partnered with the
Balboa Village Merchants Association to identify substandard buildings and work with the property owners to
participate in the City's Fagade Improvement Program. The Program provides grant monies to eligible property and/or
business owners to make improvements to the fagade of their buildings.
27.1
Seismic
Ongoing
Compliance
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.
28.1
Maintain Hazards
Ongoing
Data Base
The Police Department maintains a crime statistics database to keep track of the type and occurrence of criminal activities.
The Fire Department relies on the Disaster Preparedness Division under the City's Emergency Management Program (see
Program 28.2 and 29.1) for the planning of facilities, personnel assignments, and emergency response programs as related
to natural hazards. Additionally, the City maintains hazard information in its Geographic Information System (GIS).
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28.2
Maintain
Ongoing
Emergency
Preparedness,
The COVID-19 pandemic continued throughout 2021 and the City continued to work with the Orange County Health
Response, and
Care Agency and other government entities for protection, information and preparedness activities.
Recovery Programs
In January of 2021, the City applied and received access from the Federal Communications Commission (FCC) to
send out Wireless Emergency Alert messages (WEA), during times of emergencies or critical urgency. This modern
technology will be able to reach both community members and visitors to alert them during emergencies and disasters.
In September of 2021, the City replaced the audio visual equipment in the City's Emergency Operations Center (EOC).
The new equipment provided enhanced features and capabilities for staff working in the center.
29.1
Educate the
Ongoing
Community
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 2021. Significant events include:
• Emergency Siren System Test (1/1/21)
• Emergency Siren System Test (2/5/21)
• Emergency Siren System Test (3/5/21)
• Emergency Siren System Test (4/2/21)
• Emergency Siren System Test (5/7/21)
• Emergency Siren System Test (6/4/21)
• Emergency Siren System Test (7/2/21)
• Emergency Siren System Test (8/6/21)
• Emergency Siren System Test (9/2/21)
• Emergency Siren System Test (10/1/21)
• Emergency Siren System Test (11/5/21)
• Emergency Siren System Test 12/2/21
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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,
Ongoing
Culture, and
Historic Resources
1. Concerts on the Green — Four concerts were held the summer of 2021 with an average attendance of 2,500
residents and guests.
2. Concert at Marina Park — 250 residents and guests attended the annual Concert at Marina Park in October 2021.
3. Exhibits in the Central Library — The City Arts Commission 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 acceptance, exhibiting artists must agree to the conditions and requirements detailed in the
City Policy 1-11. Artists are booked to exhibit in the gallery space through 2024.
4. 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 presenting the
exhibition in May 2022.
5. 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 related to COVID-19.
6. Grants Awarded — The 2021-2022 Cultural Arts Grants were moved from October 2020 to May 2021, to
accommodate arts entities associated with local schools. In 2021, arts organizations used grant funds for virtual
programming due to restrictions on public gatherings related to COVID-19.
7. Sculpture Exhibition in Civic Center Park — Utilizing a grant from the California Department of Parks and
Recreation, the City Arts Commission completed Phase VI of the Sculpture Exhibition in Civic Center Park. The
Commission is currently planning Phase VII of the exhibition in June 2022.
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PROGRAMS
STATUS
8. Student Art Contest - The Newport Beach Student Art Exhibition opened to students grades pre -K through 12
during the summer of 2021. Young artists submitted one original work of art in the following mediums: painting
(acrylic, oil, watercolor), drawing (ink, pencil, charcoal, pastel, markers, crayons), or collage. Accepted artwork was
displayed at the Central Library and an awards ceremony for contest winners was held in October 2021.
9. Sculpture Exhibition in Civic Center Park Photography Contest - To encourage public awareness of the Sculpture
Exhibition in Civic Center Park, the City Arts Commission sponsored a photography contest. Visitors to the
sculpture garden were asked to submit photographs of the works on display, and/or photographs depicting
interaction with the sculptures. Winners were announced at the March 11, 2021, City Arts Commission meeting.
29.3
Support Community
Ongoing
Environmental and
Recreation
The City supports any private groups' efforts to acquire property to improve access to the anticipated development of
Initiatives
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 while advocating for development of approximately 10 percent of
the site for housing including affordable housing to assist the City's efforts to meet the 6'" Cycle Regional Housing
Needs Assessment (RHNA) allocation.
30.1
Maintain Annual
Ongoing
Budgets for City
Services and
Annual budgets are maintained and reviewed by the City Council annually. A Capital Improvement Plan (CIP) is
Improvements
included in the annual budget approved by City Council each year. In June 2021, the City Council approved the budget
and CIP for the Fiscal Year 2021-22.
30.2
Administer Impact
Ongoing
and User Fees
(Development
1. Development impact fees including fair share traffic fees are assessed for each development project. The
Impact Fees, Park
completion of updating the Fair Share Traffic Fee has been put on hold (see Program 7.2).
Dedication and In -
Lieu Fees, and
2. Park dedication fees are assessed on a project -by -project basis pursuant to the Subdivision Code. Last adjusted in
Tideland Revenue
2007, Resolution No. 2020-95 approved by City Council on November 10, 2020, adjusts the park fees pursuant to
Fees)
an appraisal. The adjusted rate went 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.
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PROGRAMS
STATUS
4. Moorings:
• Annually in January the fees for onshore and offshore moorings escalate based on the Consumer Price
Index. Reviewed and approved in January 2021 the new fees are implemented with the billing cycle
beginning March 1, 2021.
• Annually in Q2 the services of the Harbor Department and associated fees are evaluated.
Recommendations for changes were approved by Council Action in June 2021 and became effective July 1,
2021.
31.1
Consider the
Ongoing
Establishment of
Community
City staff has been evaluating the potential need to establish a Community Facilities District for the Airport Area to
Facilities and
potentially support additional public safety equipment and personnel. As an alternative to establishing financing
Special
districts, the City Council initiated a study of Development Impact fees as a way to fund future facility needs. The study
Assessment
was started in 2021 and should be completed in 2022.
Districts
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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 - 2021 HOUSING ELEMENT PROGRAM IMPLEMENTATION STATUS PURSUANT TO
GOVERNMENT CODE SECTION 65583
PROGRAM
STATUS
1.1.1
Improve housing quality and prevent
Ongoing
deterioration of existing neighborhoods by
strictly enforcing building code regulations
The building inspectors and code enforcement officers continually enforce
and abating code violations and
code regulations, abatement violations, and nuisances. A quarterly report
nuisances.
on code enforcement activities is available and kept on file at the City. The
City Council awarded funding for the Senior Home Assistance Repair
Program. (See Program 1.1.2 for details.)
1.1.2
Investigate the use of federal funds and
Ongoing
local funds, including Community
Development Block Grants (CDBG) and
On April 29, 2015, the City published Request for Proposal (RFP) No. 15 -
the Affordable Housing Fund, to provide
55 for use of the City's Affordable Housing Fund toward affordable housing
technical and/or financial assistance, if
development or programming. Three projects received approval of the
necessary, to existing lower- and
funding from City Council on November 24, 2015. The Seaview Lutheran
moderate -income, owner -occupants of
Project and The Cove Veterans Housing were completed in 2018. The
residential properties through low-interest
following provides an update on the third project which is ongoing:
loans or emergency grants to rehabilitate
and encourage the preservation of existing
Senior Home Assistance Repair Program (SHARP) - An agreement with
housing stock.
Habitat for Humanity Orange County (Habitat OC) granted up to $600,000
for critical home repair for low-income seniors. In 2021, the program worked
on one new project and expended a total of $1,063 for the first 50 percent
of the project. The project included accessibility modifications. The total we
have used in the program to date is $235,726 for a total of 13 projects.
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PROGRAM
STATUS
1.1.3
Require replacement of housing
Ongoing
demolished within the Coastal Zone when
housing is or has been occupied by very
On October 29, 2019, the Community Development Director determined
low—, low-, and moderate -income
that Newport Beach Municipal Code (NBMC) Chapters 20.34 and 21.34
households within the preceding 12
(Conversion of Demolition of Affordable Housing) are no longer required.
months. The City shall prohibit demolition
These chapters of the NBMC implement the Mello Act (Government Code
unless a determination of consistency with
Sections 65590 - 65590.1 Low- and Moderate -Income Housing Within the
Government Code Section 65590 has
Coastal Zone). The regulations require the replacement of housing units
been made. The specific provisions
lost within the coastal zone that are occupied by low- and moderate -income
implementing replacement unit
households under certain circumstances when feasible. Both the NBMC
requirements are contained in Chapter
and the Mello Act provide when there is less than 50 acres in aggregate, of
20.34 of the Municipal Code.
privately owned, vacant land available for residential use within the City's
coastal zone, and 3 miles therefrom, the replacement requirement is not
required. The Planning Division completed a land use inventory to
determine if 50 aggregate acres of privately owned, vacant land is available
for residential use within the City's coastal zone and within 3 miles inland of
the coastal zone. The inventory conducted in October 2019, found less than
50 qualifying acres.
1.1.4
The City will continue to implement the
Ongoing
Residential Building Records (RBR)
program to reduce and prevent violations
This City report allows the City to verify that its residential buildings meet
of building and zoning ordinances by
zoning and building code requirements, life safety requirements as set forth
providing a report to all parties involved in
by the City's Municipal Code and fulfill the State's requirement that all
a transaction of sale of residential
homes have both smoke detectors and seismic strapping of water heaters
properties, and providing an opportunity to
(California Health and Safety Code, Section 19211 In 2021, there were
inspect properties to identify potentially
1,915 RBRs processed.
hazardous conditions, resources
permitting. The report provides
information as to permitted and illegal
uses/construction, and verification that
buildings meet zoning and building
requirements, including life safety
requirements.
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PROGRAM
STATUS
2.1.1
Maintain rental opportunities by restricting
Ongoing
conversions of rental units to
condominiums in a development
A vacancy rate survey is completed upon receiving an application for the
containing 15 or more units unless the
conversion of 15 or more rental units to condominiums. No projects of 15 or
vacancy rate in Newport Beach for rental
more units were submitted in 2021.
housing is an average of 5 percent or
higher for four (4) consecutive quarters,
and unless the property owner complies
with condominium conversion regulations
contained in Chapter 19.64 of the Newport
Beach Municipal Code.
2.1.2
Take all feasible actions, through use of
Ongoing
development agreements, expedited
development review, and expedited
Pending applications that include affordable housing are expedited and
processing of grading, building and other
prioritized over other pending applications.
development permits, to ensure expedient
construction and occupancy for projects
approved with lower- and moderate -
income housing requirements.
2.1.3
Participate with the County of Orange in
Ongoing
the issuance of tax-exempt mortgage
revenue bonds to facilitate and assist in
The issuance of tax-exempt mortgage revenue bonds is project driven, and
financing, development and construction
the developer typically applies for the bonds. No applications were received.
of housing affordable to low and
moderate -income households.
2.1.4
Conduct an annual compliance -monitoring
Ongoing
program for units required to be occupied
by very low-, low-, and moderate -income
Annual compliance monitoring has been conducted for 2021 and the report
households.
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
Ongoing
entitlement processing, and waive
application processing fees for
No eligible projects were processed in 2021.
developments in which 5 percent of units
are affordable to extremely low-income
households. To be eligible for a fee waiver,
the units shall be subject to an affordability
covenant for a minimum duration of 30
years. The affordable units provided shall
be granted a waiver of park in -lieu fees (if
applicable) and traffic fairshare fees.
2.1.6
Affordable housing developments
Ongoing
providing units affordable to extremely
low-income households shall be given the
See status of Program 1.1.2.
highest priority for use of Affordable
HousingFund monies.
2.2.1
Maintain a brochure of incentives offered
Ongoing
by the City for the development of
affordable housing including fee waivers,
A brochure is maintained and provided on the City website and in the public
expedited processing, at the Planning
lobby.
Counter, the website and also density
bonuses, and other incentives. Provide a
copy of this brochure provide a copy to
potential developers.
2.2.2
The City shall provide more assistance for
Ongoing
projects that provide a higher number of
affordable units or a greater level of
This program was considered in evaluating the proposals for the RFP and
affordability. At least 15 percent of units
choosing the projects described in Program 1.1.2.
shall be affordable when assistance is
provided from Community Development
Block Grant (CDBG) funds or the City's
Affordable Housing Fund.
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PROGRAM
STATUS
2.2.3
For new developments proposed in the
Ongoing
Coastal Zone areas of the City, the City
shall follow Government Code Section
See status of Program 1.1.3.
65590 and Title 20.
2.2.4
All required affordable units shall have
Ongoing
restrictions to maintain their affordability
for a minimum of 30 years.
Staff continues to include this affordability restriction as a standard condition
on all affordable housing projects, unless an otherwise longer affordability
covenant is agreed upon.
2.2.5
Advise and educate existing landowners
Ongoing
and prospective developers of affordable
housing development opportunities
A brochure has been created and distributed that outlines development
available within the Banning Ranch,
incentives and entitlement assistance available in the City. The brochure
Airport Area, Newport Mesa, Newport
is maintained at the public counter in Bay C at the Civic Center and on the
Center, Mariners' Mile, West Newport
City website.
Hi hwa , and Balboa Peninsula areas.
2.2.6
Participate in other programs that assist
Ongoing
production of housing.
City staff attends Orange County Housing Authority (OCHA) Cities Advisory
Committee meetings to keep up-to-date with programs that assist in the
production of housing.
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PROGRAM
STATUS
2.2.7
New developments that provide housing
Ongoing
for lower-income households that help
meet regional needs shall have priority for
In 2017, the Newport Crossings Mixed -Use project, a 350 -dwelling unit
the provision of available and future
mixed-use development, was submitted within the Airport Area under the
resources or services, including water and
Residential Overlay of the Newport Place Planned Community. The
sewer supply and services.
proposed project includes 78 dwelling units affordable to low-income
households. The Environmental Impact Report (EIR) was certified and the
project was approved by the Planning Commission on February 21,
2019. The EIR concluded that adequate water and sewer capacity exist to
support the development. The plan check for construction drawing review
was submitted on November 17, 2020. In 2021, the project was still within
the plan check process and the delay in issuing permits is attributable to the
applicant and not the City.
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7
2.2.8 Implement Chapter 20.32 (Density Bonus) Ongoing
of the Zoning Code and educate interested
developers about the benefits of density Implemented as projects are submitted. Density bonus information and
bonuses and related incentives for the incentives are included in an informational brochure available to the public.
development of housing that is affordable
to very low-, low-, and moderate -income Newport Crossings Mixed -Use - In 2017, the Newport Crossings Mixed -Use
households and senior citizens. 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 and is currently in
plan check review with permits anticipated early 2022.
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 was approved in
2021 but subsequently appealed and under CEQA litigation. The appeal
court is behind because of COVID-19.
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. The next
step will be to submit a Site Development Review for the design.
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PROGRAM
STATUS
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.
Residences at 1300 Bristol Street — Applied for on June, 30, 2021, the
project includes 24 affordable units (12 very -low and 12 low), and the
developer has requested a density bonus of 39 units (50% bonus) for a
total of 193 apartment units, incentives including six (6) development
standard waivers related to park land dedication, building setbacks,
building height, private open space for the studio -size rental units, common
open space for the entire Project as well as two (2) development
concessions related to the mix of affordable units and park in -lieu fee
payment. The project was in the entitlement process and scheduled for
hearings in March 2022.
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PROGRAM
STATUS
2.3.1
Study housing impacts of proposed major
Ongoing
commercial/industrial projects during the
development review process. Prior to
In conjunction with the environmental review required under the California
project approval, a housing impact
Environmental Quality Act (CEQA), potential impacts to population,
assessment shall be developed by the City
housing, and employment is reviewed and analyzed. Recent development
with the active involvement of the
trends have consisted of redevelopment of commercial and industrial sites
developer. Such assessment shall
for residential development or mixed-use, which has created new housing
indicate the magnitude of jobs to be
opportunities in the City. No major commercial/industrial projects were
created by the project, where housing
submitted in 2021.
opportunities are expected to be available,
and what measures (public and private)
are requisite, if any, to ensure an adequate
supply of housing for the projected labor
force of the project and for any restrictions
on development due to the "Charter
Section 423" initiative.
3.1.1
Provide a streamlined "fast-track"
Ongoing
development review process for proposed
affordable housing developments.
The City provides a prioritized and expedited the development review
process for all affordable housing projects. Cite the 1300 Bristol Street
project that includes 15 percent of its base density as affordable to lower
income housing that was filed on insert date and will go hearings in March
2022.
3.1.2
When a residential developer agrees to
Ongoing
construct housing for persons and families
of very low, low, and moderate income
The City considers density bonuses and other incentives on a project -by -
above mandated requirements, the City
project basis. Chapter 20.32 (Density Bonus) is included in the Zoning Code
shall either (1) grant a density bonus as
and is implemented as projects are submitted.
required by state law, or (2) provide other
incentives of equivalent financial value.
Refer to Program 2.2.8 for projects with Density Bonuses with activity in
2021.
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PROGRAM
STATUS
3.1.3
Develop a pre -approved list of incentives
Ongoing
and qualifications for such incentives to
promote the development of affordable
Waivers and incentives are considered by the Planning Commission and
housing. Such incentives include the
City Council on a project -by -project basis. Staff received information from
waiver of application and development
the Department of Housing and Community Development (HCD) on
fees or modification to development
examples of pre -approved incentive programs from the City of Los Angeles
standards (e.g., setbacks, lot coverage,
and the City of Anaheim. Staff will continue research with HCD to develop
etc.).
pre -approved incentives.
As mentioned in Program 2.2.8, the Newport Crossings Mixed -Use project
includes 78 units affordable to low-income households, and the developer
has requested a density bonus of 91 units (35% 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.
Also mentioned in Program 2.2.8, the Residences at 1300 Bristol Street
Project includes 24 affordable units (12 very -low and 12 low), and the
developer has requested a density bonus of 39 units (50% bonus),
incentives including six (6) development standard waivers related to park
land dedication, building setbacks, building height, private open space for
the studio -size rental units, common open space for the entire Project as
well as two (2) development concessions related to the mix of affordable
units and park in -lieu fee payment.
11
3.2.1 When requested by property owners, the Ongoing
City shall approve rezoning of developed
or vacant property from nonresidential to The City continually monitors requests for zone changes of vacant and
residential uses when appropriate. These developed properties from nonresidential to residential and approves when
rezoned properties shall be added to the determined to be compatible and feasible. When approved, these sites are
list of sites for residential development. mapped for residential uses on both the Zoning District Map and General
Plan Land Use Map.
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, and is currently in
plan check review with permits anticipated early 2022.
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.
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
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12
was approved by City Council on September 22, 2020. The next step will
be to submit a Site Development Review for the design.
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 Council approved the
project September 28, 2021. The next step will be the building permit
process.
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 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 Council on July 27, 2021. The project was appealed to the
California Coastal Commission (CCC) and on October 13, 2021, the CCC
determined no substantial issue, approving the project. The project is
currently in litigation based on compliance with the California Environmental
Quality Act (CEQA).
Residences at 1300 Bristol Street — Applied for on June, 30, 2021, the
project includes 193 apartment units atop a 346 -space parking structure.
The project is located in the Newport Place Planned Community, and at
the northeast corner of Bristol Street North and Spruce Street in the Airport
Area. Implementation of the proposed project would require demolition of
the existing 33,292 -square -foot office building and surface parking within
the 1.97 -acre site. The project includes 24 affordable units (12 very -low
and 12 low), and the developer has requested a density bonus of 39 units
(50% bonus) for a total of 193 apartment units, incentives including six (6)
development standard waivers related to park land dedication, building
setbacks, building height, private open space for the studio -size rental
units, common open space for the entire Project as well as two (2)
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PROGRAM
STATUS
development concessions related to the mix of affordable units and park
in -lieu fee payment.
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3.2.2
Recognizing that General Plan Policy
Ongoing
LU6.15.6 may result in a potential
constraint to the development of
The Residential Overlay of the Newport Place Planned Community
affordable housing in the Airport Area, the
implements this program by providing an exception to the 10 -acre site
City shall maintain an exception to the
requirement for residential development projects in the Airport Area that
minimum 10 -acre site requirement for
include a minimum of 30 percent of the units affordable to lower income
projects that include a minimum of 30
households.
percent of the units affordable to lower-
income households. It is recognized that
In 2017, the Newport Crossings Mixed -Use project, a 350 dwelling
allowing a smaller scale development
unit mixed-use development was approved within the Airport Area
within an established commercial and
under the Residential Overlay. In exchange for providing 78 units
industrial area may result in land use
affordable to low-income households, the project is eligible for the
compatibility problems and result in a
10 -acre site requirement, a 91 -unit density bonus, and development
residential development that does not
incentives and waivers. The application included a Site
provide sufficient amenities (i.e. parks)
Development Review to ensure that the sufficient amenities and
and/or necessary improvements (i.e.
neighborhood integration improvements are provided. The project
pedestrian walkways). Therefore, it is
provides extensive on-site recreational amenities, including
imperative that the exception includes
separate pool, entertainment, and lounge courtyards with eating,
provisions for adequate amenities, design
seating, and barbeque space; a rooftop terrace; a fifth -level view
considerations for the future integration
deck; a club room for entertainment and gatherings; and a fitness
into a larger residential village, and a
facility. In addition, a 0.5 -acre public park is proposed to be
requirement to ensure collaboration with
constructed and dedicated to the City, and a public plaza is located
future developers in the area.
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,
and is currently in plan check review with permits expected early
2022.
• In 2021, an application was filed for the Residences at 1300 Bristol
Street project. The project includes 24 affordable units (12 very -low
and 12 low), and the developer has requested a density bonus of 39
units (50% bonus) for a total of 193 apartment units, incentives
including six (6) development standard waivers related to park land
dedication, building setbacks, building height, private open space
for the studio -size rental units, common open space for the entire
Project as well as two (2) development concessions related to the
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PROGRAM STATUS
mix of affordable units and park in -lieu fee payment. The project was
in the entitlement process and scheduled for hearings in early 2022.
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16
3.2.3
The City will encourage and facilitate
Ongoing
residential and mixed-use development on
vacant and underdeveloped sites listed in
Appendix H3 is the Sites Analysis and Inventory which identifies sites that
Appendix H3 by providing technical
can be developed for housing within the planning period and that are
assistance to interested developers with
sufficient to provide for the City's share of the regional housing need
site identification and entitlement
allocation to provide realistic opportunities for the provision of housing to all
processing. The City will support
income segments within the community. Appendix H3 can be found in the
developers funding applications from
Housing Element available at the Planning Division or online at
other agencies and programs. The City will
http://www.newportbeachca.gov/index.aspx?page=2087
post the Sites Analysis and Inventory on
the City's webpage and marketing
The City has completed the following:
materials for residential and mixed-use
opportunity sites, and will equally
1. A user-friendly Sites Analysis and Inventory is on the City's website.
encourage and market the sites for both
2. A brochure is available on the website and in the public lobby that
for -sale development and rental
promotes the incentives and opportunities for affordable housing
development. To encourage the
projects, which includes information of the City's Sites Analysis and
development of affordable housing within
Inventory.
residential and mixed-use developments,
3. A layer and note have been added in the City's Geographic Information
the City shall educate developers of the
System (GIS) to identify sites within the inventory to assist staff in
benefits of density bonuses and related
providing information to interested developers.
incentives, identify potential funding
opportunities, offer expedited entitlement
The City will encourage density bonus and offer incentives to interested
processing, and offer fee waivers and/or
developers.
deferrals.
Effective January 1, 2020, State law (Assembly Bill 1486, Statutes of 2019)
requires a listing of sites owned by the City that are included in the sites
inventory, and that have been sold, leased, or otherwise disposed of in the
prior year. The list shall include the entity to whom each site was transferred
and their intended use. The City does not own any of the sites listed in the
current housing opportunity sites; therefore, no listing of sites is provided.
The City offers a free Development Review Committee (DRC) service to
applicants including an all hands meeting with all Department
representatives to provide an early conceptual review of a project including
major comments and concerns. Additionally, there is a preliminary
application process for residential development pursuant to California
Government Code Section 65941.1.
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3.2.4 The City will monitor and evaluate the Ongoing
development of vacant and
underdeveloped parcels on an annual In 2019, construction began the development of the Plaza Corona del Mar
basis, and report the success of strategies project, six (6) detached residential condominiums units on an identified
to encourage residential development in vacant site in Corona del Mar. In 2020, construction was close to
its Annual Progress Reports required completion.
pursuant to Government Code 65400. If
identified strategies are not successful in The City also has significant projects on sites identified as underutilized:
generating development interest, the City
will respond to market conditions and will • Uptown Newport - approved in February 2013, for the construction
revise or add additional incentives. 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 Phase 1A (462 apartment units, including 92
affordable units) was completed and finaled in 2019. In 2020, a
minor site development review was approved for 30 residential
condominium units, considered Phase 1 B. Building permits have not
yet been issued, but construction is anticipated to begin in 2022.
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 and is currently in plan check
review with permits expected early 2022.
• 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
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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. On February
9, 2021, the City Council approved the project.
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. The next step will be to
submit a Site Development Review for the design. The next step will
be to submit a Site Development Review for the design.
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
Council approved the project September 28, 2021. The next step
will be the building permit process.
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 project was put on hold, as
the applicant is considering a redesign to increase density and add
an affordability component.
• 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.
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The project includes the development of 35 dwelling units, three (3)
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 (9) units (35% bonus), a
development waiver for building height and a waiver regarding the
unit mix. The project was approved by the City Council on July 27,
2021. The project was appealed to the California Coastal
Commission (CCC) and on October 13, 2021, the CCC determined
no substantial issue, approving the project. The project is currently
in litigation based on compliance with the California Environmental
Quality Act CEQA .
4.1.1
Annually contact owners of affordable
Ongoing
units for those developments listed in
Table H12 as part of the City's annual
Staff maintains an updated contact list for affordable units in conjunction
monitoring of affordable housing
with the 2014-2021 Housing Element. Priscila Davila and Associates
agreements to obtain information
(consultant) included this information that was sent to the owners as a part
regarding their plans for continuing
of the annual monitoring. During the RFP process for the expenditure of the
affordability on their properties, inform
affordable housing funds, the City and Priscila Davila and Associates, the
them of financial resources available, and
City's consultant, reached out to the owners of the existing affordable
to encourage the extension of the
housing units within the City and there was no interest to extend the existing
affordability agreements for the
affordable housing covenants except from Seaview Lutheran (see Program
developments listed in Table H12 beyond
1.1.2 for details).
the years noted.
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4.1.2
The City shall maintain registration as a
Ongoing
Qualified Preservation Entity with HCD to
ensure that the City will receive notices
The City of Newport Beach is registered as a Qualified Preservation Entity
from all owners intending to opt out of their
with HCD as of 2012. When notification is received, City staff will evaluate
Section 8 contracts and/or prepay their
the potential use of monies to preserve the affordable units.
HUD insured mortgages. Upon receiving
notice that a property owner of an existing
affordable housing development intends
to convert the units to a market -rate
development, the City shall consult with
the property owners and potential
preservation organizations regarding the
potential use of Community Development
Block Grant (CDBG) funds and/or
Affordable Housing Fund monies to
maintain affordable housing opportunities
in those developments listed in Table H12
or assist in the non-profit acquisition of the
units to ensure long-term affordability.
4.1.3
Continue to maintain information on the
Ongoing
City's website and prepare written
communication for tenants and other
Pamphlets informing prospective tenants and landlords about the Orange
interested parties about Orange County
County Housing Authority (OCHA) Section 8 program have been made
Housing Authority Section 8 opportunities
available in the public lobby and information is posted on the City website.
to assist tenants and prospective tenants
to acquire additional understanding of
housing law and related policy issues.
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4.1.4
Investigate availability of federal, state,
Ongoing
and local programs and pursue these
programs, if found feasible, for the
The City attends OCHA meetings and has continued to investigate
preservation of existing lower-income
available programs and evaluate the feasibility of participating in such
housing, especially for preservation of
programs.
lower-income housing that may convert to
market rates during the next 10 years. In
addition, continually promote the
availability of monies from the Affordable
Housing Fund as a funding source for the
preservation and rehabilitation of lower-
income housing. A list of these programs,
including sources and funding amounts,
will be identified as part of this program
and maintained on an ongoing basis.
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4.1.5
The City shall inform and educate owners
Ongoing
of affordable units of the State
Preservation Notice Law (Government
Staff and consultant Priscila Davila and Associates were able to coordinate
Code Section 65863.10-13), if applicable.
meetings and phone calls with property owners of existing units subject to
Pursuant to the law, owners of
affordable housing covenants or agreements. The owners were not
government -assisted projects cannot
interested in extending the existing affordable housing covenants.
terminate subsidy contract, prepay a
federally -assisted mortgage, or
In 2021, Newport Harbor I at 1538 Placentia Avenue was in the process of
discontinue use restrictions without first
terminating their covenant for affordable units pursuant to the applicable
providing an exclusive Notice of
requirements.
Opportunity to Submit an Offer to
Purchase. Owners proposing to sell or
otherwise dispose of a property at any
time during the 5 years prior to the
expiration of restrictions must provide this
Notice at least 12 months in advance
unless such sale or disposition would
result in preserving the restrictions. The
intent of the law is to give tenants sufficient
time to understand and prepare for
potential rent increases, as well as to
provide local governments and potential
preservation buyers with an opportunity to
develop a plan to preserve the property.
This plan typically consists of convincing
the owner to either (a) retain the rental
restrictions in exchange for additional
financial incentives or (b) sell to a
preservation buyer at fair market value.
4.1.6
In accordance with Government Code
Ongoing
Section 65863.7, require a relocation
impact report as a prerequisite for the
Zoning Code Section 20.28.020 ensures compliance with the Government
closure or conversion of an existing mobile
Code Section. No relocation impact reports were proposed in 2021.
home park.
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4.1.7
Participate as a member of the Orange
Ongoing
County Housing Authority Advisory
Committee and work in cooperation with
Staff attends the quarterly meetings of the OCHA Cities Advisory
the Orange County Housing Authority to
Committee.
provide Section 8 Rental Housing
Assistance to residents of the community.
Staff continually works in cooperation with the County to provide Section 8
The City will, in cooperation with the
rental housing assistance to residents.
Housing Authority, recommend and
request use of modified fair -market rent
A link to the Orange County Housing Authority website has been placed on
limits to increase the number of housing
the City website to provide information on the Section 8 program.
units within the City that will be eligible to
participate in the Section 8 program. The
City staff worked closely with OCHA staff to facilitate the award of the
Newport Beach Planning Division will
Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport
prepare and implement a publicity
Shores project (see Program 4.1.4).
program to educate and encourage
landlords within the City to rent their units
A link to the Emergency Rental Assistance Program during the Covid-19
to Section 8 Certificate holders, and to
Pandemic provided by the County of Orange is provided on the City
make very low-income households aware
website.
of availability of the Section 8 Rental
Housing Assistance Program.
4.2.1
Implement and enforce the Water Efficient
Ongoing
Landscape Ordinance and Landscape
and Irrigation Design Standards in
All new development projects are reviewed for compliance with the City's
compliance with AB 1881 (2006). The
Water Efficient Landscape Ordinance.
ordinance establishes standards for
planning, designing, installing, and
The annual report on the City's Water Efficient Landscape Ordinance for
maintaining and managing water -efficient
2021 was submitted to California Department of Water Resources on
landscapes in new construction and
January 31, 2022.
rehabilitated projects.
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4.2.2
Affordable housing developments that
Ongoing
receive City assistance from Community
Development Block Grant (CDBG) funds
As part of the SHARP program energy efficiency is a priority with upgraded
or from the City's Affordable Housing Fund
sinks, water heaters, weather-proof windows and new water efficient toilets.
shall be required, to the extent feasible,
include installation of energy efficient
appliances and devices, and water
conserving fixtures that will contribute to
reduced housing costs for future
occupants of the units.
4.2.3
Investigate the feasibility and benefits of
Ongoing
using a portion of its CDBG or other local
funds for the establishment and
Continuously monitor requests for assistance and Code Enforcement
implementation of an energy conserving
quarterly reports to determine need.
home improvements program for lower-
income homeowners.
4.2.4
Maintain a process for LEED certified staff
Ongoing
members to provide development
assistance to project proponents seeking
In 2021, the City staff included one Leadership in Energy and
LEED certification, which will in turn
Environmental Design (LEED) accredited staff member who was available
increase the LEED points granted to
to provide technical assistance when requested.
projects.
4.2.5
To encourage voluntary green building
Ongoing
action, the City shall maintain a green
recognition program that may include
Staff will work on construction of a new webpage that will provide
public recognition of LEED certified
recognition to LEED certified buildings by displaying their project with
buildings (or equivalent certification),
pictures and their name or other information they would want advertised.
payment of a display advertisement in the
An informational flyer is also being drafted to encourage green building that
local newspaper recognizing the
will advertise the new webpage and will be provided in the public lobby.
achievements of a project, or developing a
City plaque that will be granted to
exceptional developments.
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5.1.1 Apply for United States Department of Ongoing
Urban Development Community
Development Block Grant funds and Through the approved Community Development Block Grant
allocate a portion of such funds to sub- (CDBG) Action Plan for Fiscal Year 2021-22, the City allocated funding
recipients who provide shelter and other to Families Forward, Fair Housing Foundation, and the City Motel Voucher
services for the homeless. Program to preserve the supply of emergency and transitional housing.
The City Motel Voucher Program, is a program ran through the Newport
Beach Police Department (PD) and 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, including approximately $741,000, towards
the Be Well OC Mobile Crisis Response Team. Under the Be Well OC
program, Newport Beach will have a dedicated two -person team of
experienced crisis counselors and EMTs working 12 hours a day, 7 days a
week. The team responds to mental health calls for service to the Police
Department's non -emergency or 911 call lines. Patients may be transported
to Be Well OC's local crisis center, or a detox facility or shelter, as needed.
The service provides direct mental health intervention and will reduce the
need for police and emergency medical services in these cases. The
service also includes outreach to the homeless population, supplementing
the Shelter partnership with the City of Costa Mesa.
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 enables both agencies to provide services
to their respective homeless populations without duplicating efforts and thus
better leveraging their respective resources. Newport Beach entered into
agreement with Costa Mesa and provided funds for the acquisition,
construction, and annual bed fees for the new Costa Mesa Bridge Shelter,
which opened in Spring 2021. In addition to temporary housing, the Bridge
Shelter provides case workers who assist homeless individuals with
addiction and mental health counseling, job searches, and accessing
permanent housing. Additionally, CDBG funds ($48,497) have been
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allocated for contribution to future maintenance of the Costa Mesa Bridge
Shelter.
5.1.2
Cooperate with the Orange County
Ongoing
Housing Authority to pursue establishment
of a Senior/Disabled or Limited Income
The City refers low-income residents to Orange County for rehabilitation of
Repair Loan and Grant Program to
mobile homes, to Neighborhood Housing for first time buyer programs, and
underwrite all or part of the cost of
to Rebuilding Together for handyman service for low-income and senior
necessary housing modifications and
households.
repairs. Cooperation with the Orange
County Housing Authority will include
The City Council awarded Affordable Housing Funds for an agreement with
continuing City of Newport Beach
Habitat for Humanity Orange County (Habitat OC) granting up to $600,000
participation in the Orange County
to establish a critical home repair program for low-income seniors (Senior
Continuum of Care and continuing to
Home Assistance Repair Program, SHARP). It is estimated that
provide CDBG funding.
approximately 30 repair projects will be completed at various locations
throughout the City. To date, there have been 12 projects completed. There
is money remaining in this program and applications are currently being
accepted see Program 1.1.2).
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5.1.3 Permit, where appropriate, development Ongoing
of senior accessory dwelling "granny" units
in single-family areas of the City. The City In 2021, the City pursued two separate efforts related to revising the City's
will promote and facilitate the development regulations pertaining to accessory dwelling units (ADUs).
of senior accessory dwelling units by
providing brochures and/or informational State Law Updates: In 2019, the California Legislature adopted another
materials at the building permit counter, group of housing bills aimed at addressing the housing crisis and to further
online, and other appropriate locations impose new limits on the City's ability to regulate ADUs and Junior
detailing the benefits and the process for Accessory Dwelling Units (JADUs). On, March 10, 2020, the City adopted
obtaining approval. 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. On December 15, 2021, the Coastal Commission approved the
LCP amendment with suggested modifications. On March 8, 2022, the City
Council accepted the suggested modifications and adopted the
amendments via Ordinances No. 2022-5 and Ordinance No. 2022-6.
Incentives Beyond State Law: The City's is pursuing code changes to
implement Council Policy K-4 and to provide additional incentives to
increase the construction of ADUs and JADUs as part of the Housing
Element Update. On September 9, 2021, staff held a study session with the
Planning Commission where a Planning Commission Ad -Hoc Committee
was formed. The Ad -Hoc Committee met on October 25, 2021 and
November 8, 2021. Future meetings were scheduled in 2022, including a
community meeting. The future changes will be forthcoming in the coming
months as the City begins to implement its updated Housing Element.
In 2021, there were 35 ADUs submitted and a total of 50 ADUs were
permitted and finalized that resulted in a net increase in units. A
significant contribution was the 20 ADUs that were permitted at the existing
Coronado Apartments. The project converted existing mail rooms, utility
rooms, and offices into the ADUs. Additionally, 10 more ADUs at Coronado
Apartments were close to receiving permits at the end of the reporting
period and will be included in 2022 data. All of the ADUs including the 20 at
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the Coronado Apartments, that received permits in 2021 will be counted
towards the new 61" RHNA cycle.
5.1.4
Work with the City of Santa Ana to provide
Ongoing
recommendations for the allocation of
HUD Housing Opportunities for Persons
The management of the HOPWA funds transferred from Santa Ana to
with AIDS (HOPWA) funds within Orange
Anaheim in 2016. As a result, City staff will stay up-to-date on services
County.
provided with HOPWA funds and Ryan White Program funds through the
HIV Planning Council meeting agendas. If needed, City staff will attend the
related budget allocation meetings which are usually held in August or
September of each year.
5.1.5
Maintain a list of "Public and Private
Ongoing
Resources Available for Housing and
Community Development Activities."
City maintains a list of resources that are available for housing and
community development activities. A list of resources and links are provided
on the City's website.
5.1.6
Encourage the development of day care
Ongoing
centers as a component of new affordable
housing developments, and grant
City Staff encourages the inclusion of day care centers in new affordable
additional incentives in conjunction with a
housing projects. No projects were submitted that included the
density bonus per the Chapter 20.32.
establishment of a day care center.
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5.1.7 Encourage senior citizen independence Ongoing
through the promotion of housing services
related to in-home care, meal programs, The City provided $30,000 in CDBG funds to Age Well Senior Services home -
and counseling, and maintain a senior delivered meals program. The mobile meals program provides home -delivered
center that affords seniors opportunities to meals to individuals who are homebound due to age, illness, or disability.
live healthy, active, and productive lives in The City also operates the OASIS Senior Center. Services include:
the City. • A multi-purpose center owned and operated by the City of Newport
Beach in partnership with the Friends of OASIS nonprofit dedicated to
meeting needs of senior citizens and their families.
• Classes in art, health & fitness, music & dance, foreign languages,
technology, enrichment, and much more.
• A state-of-the-art fitness center for those age 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 event.
• Travel department coordination of day and overnight trips.
• Curb -to -curb transportation program for residents of Newport Beach
age 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,
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.
• Congregate lunch program for seniors age 60 and older that is funded
by the federal government through the Older Americans Act. A donation
is requested for meals, which are provided by Age Well Senior
Services.
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5.1.8
The City shall work with the Regional
Ongoing
Center of Orange County (RCOC) to
implement an outreach program informing
Information was added to the City website under Housing Assistance
families within the City of housing and
regarding resources through the RCOC which began implementation of an
services available for persons with
outreach program. The City remains in contact with RCOC on implementing
developmental disabilities. Information will
outreach programs as they are developed. The City works with the housing
be made available on the City's website.
consultant at the RCOC. When projects are submitted, they will be offered
The City shall also offer expedited permit
expedited permit processing and the possibility of fee waivers.
processing and fee waivers and/or
deferrals to developers of projects
designed for persons with physical and
developmental disabilities.
6.1.1
Contract with an appropriate fair housing
Ongoing
service agency for the provision of fair
housing services for Newport Beach
The City contracted with the Fair Housing Foundation to provide these
residents. The City will also work with the
services. The Fair Housing Foundation provided the following trainings,
fair housing service agency to assist with
seminars, and outreach activities in the City in 2021:
the periodic update of the Analysis of
Impediments to Fair Housing document
. Virtual Fair Housing Workshops — 2/9/21, 3/1/21 and 10/26/21
required by HUD. The City will continue to
. Contacts regarding FHF Services — 1/28/21, 4/9/21 and 4/9/21
provide public outreach and educational
• PSA, City of Newport Beach TV — 3/21/21
workshops, and distribute pamphlets
• Literature Distribution — 4,698
containing information related to fair
housing.
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,
Ongoing
the City shall report on the status of all
housing programs. The portion of the
The 2021 annual Housing Element report summarizing 2020
Annual Report discussing Housing
accomplishments was submitted to the State Department of Housing and
Programs is to be distributed to the
Community Development by the April 1, 2021, deadline. This annual
California Department of Housing and
Housing Element Report summarizing 2021 activities will be submitted to
Community Development in accordance
HCD by the 2022 deadline.
with California state law.
I ' : •A
GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
Appendix C General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
M E M O R A N D U M
To: Jenna Tourje, Kearns and West
From: Vivian Kahn and Andrew Hill
Re: Review of New Legal Requirements for General Plans and Implications for the Newport
Beach Listen and Learn Process
Date: November 11, 2019
Dear Jenna:
This memo identifies new legal requirements for General Plans that have come into effect since
the Newport Beach General Plan was adopted in 2006 and discusses implications and
considerations for the Listen and Learn process, preceding a future General Plan Update. The new
legal requirements generally fall under the following topics: transportation, housing, safety, and
environmental justice.
TRANSPORTATION
Complete Streets Act (2008)
The Complete Streets Act of 2008 (California Government Code Section 65302(b)) requires that
California communities plan for a "balanced, multimodal transportation network that meets the
needs of all users of streets, roads, and highways for safe and convenient travel." Communities
must update the circulation element of the General Plan to comply with the law upon the next
substantive revision to that element after January 1, 2011.
The 2006 General Plan was adopted before the Complete Streets Act came into effect and the
term "complete streets" does not appear in the current plan; however, there are numerous
policies that address core complete streets concepts. For example, Policy CE 1.1.1 calls for a
diverse transportation system that provides a range of mobility options for the community;
policies under Goal CE 4.1 seek to support transit use; policies under Goal 5.1 promote bicycle
and pedestrian improvements; and Policy CE 6.1.2 requires project site designs that facilitate the
use of public transportation and walking. Nevertheless, the General Plan Update presents an
opportunity to synchronize the General Plan and the 2014 Bicycle Master Plan and to integrate
complete streets concepts more fully. Emerging technologies such as electric vehicle charging
infrastructure, ride hailing services, dockless scooters and bikes, and autonomous vehicles need
to be considered and addressed. There is also an opportunity to explore creating a "layered
network," recognizing that different streets accommodate various modes differently, depending
on their function and the uses they contain. A layered network is one that considers the needs of
a range of users holistically across the network and assigns different priorities among travel
modes on different streets to satisfy the requirements of the Complete Streets Act. A layered
1330 Broadway Ste. 604 Oakland, CA 94612
415 956 4300 1 www.dyettandbhatia.com
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GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
network can include performance metrics and design standards to reflect and support those
priorities.
Senate Bill 743
Senate Bill (SB) 743, passed into law in 2013, committed the State to changing the way that
transportation impacts are analyzed under the California Environmental Quality Act (CEQA).
Traditionally under CEQA, one of the key metrics by which transportation impacts have been
evaluated is vehicle level of service (LOS), a measure used for analyzing the performance of
roadway segments and intersections based on vehicle speed, density, or congestion. However,
better vehicle LOS is not necessarily consistent with other environmental objectives, such as
improved air quality, reduced GHG emissions, or reduced traffic noise. As such, SB 743 required
the State to amend the CEQA Guidelines to provide an alternative to LOS for evaluating
transportation impacts such that auto delay would no longer be considered a significant
environmental impact.
Pursuant to SB 743, new CEQA Guidelines adopted by the State in December 2018 established
vehicle miles travelled (VMT) as the metric to be used for evaluating traffic impacts under CEQA,
effective July 1, 2020. To comply with the new CEQA Guidelines, the City of Newport Beach will
be required to set new thresholds for assessing transportation impacts based on VMT, consistent
with technical recommendations regarding assessment of VMT, thresholds of significance, and
mitigation measures issued by the Governor's Office of Planning and Research. The City has the
option of using metrics detailed in the Technical Advisory on Evaluating Transportation Impacts
in CEQA prepared by OPR or developing its own metrics, subject to substantial evidence. The
Listen and Learn process represents an opportunity to share information about the coming
change.
While VMT will replace vehicle LOS as the metric for assessing traffic impacts under CEQA, vehicle
LOS is still valuable for the purpose of evaluating roadway and intersection operations and
planning the network. Other measures such as delay, cross-town travel time, vehicle hours of
travel, etc. all remain relevant in assessing overall system performance depending on situations,
although they cannot be used for CEQA purposes. Some cities we are working with have continued
to use LOS standards for their general plans. Policy CE 2.1.1 from the current General Plan
establishes LOS standards for the local roadway network and the General Plan can continue to
use this policy for planning purposes. The move away from LOS as a metric for evaluating
environmental impacts means that LOS impacts may not be a means of extracting roadway
improvements as mitigation for impacts from proposed development projects; however, the City
has adopted a Fair Share Traffic Contribution Ordinance (Municipal Code Chapter 15. 38) and a
Traffic Phasing Ordinance (Municipal Code Chapter 15.40), which provide mechanisms for funding
circulation system improvements from new development and redevelopment as needed to
maintain acceptable levels of performance within the city.
Implications for Listen and Learn
Mobility will be an important focus of the General Plan Update, and Listen and Learn outreach
can help set up for that work in various ways:
-2-
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GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
• By introducing the concept of complete streets and the associated benefits for multi-
modal mobility and roadway safety;
• By soliciting input on locations in Newport Beach where conflicts between roadway users
need to be addressed and where prioritization between modes may need to differ;
• By soliciting input on how best to accommodate emerging transportation technologies on
city streets in the future; and
• By informing the public of the move to VMT as the basic metric for evaluating
transportation impacts under CEQA and the role that LOS will play in planning the
transportation network.
HOUSING
The California State Legislature passed a high-profile package of 15 new housing laws in 2017 to
address the urgent need for housing throughout the state. An additional 16 new laws related to
housing passed in 2018 came into effect January 1, 2019, and in October 2019 the Governor
signed an additional 18 bills intended to boost housing production in California. This section
recaps the new housing laws most directly relevant to Listen and Learn outreach and the General
Plan Update.
Senate Bill 35
Enacted in 2017, Senate Bill (SB) 35 established new provisions for streamlined processing of
residential infill projects that first went into effect January 1, 2018. (A series of clarifying "clean
up" amendments to SB 35 was passed as SB 765 in 2018 and went into effect January 1, 2019.)
The requirements, which are codified in Government Code Section 65913.4, are intended to
expedite and facilitate the construction of affordable housing, mandate a ministerial review and
approval process for residential development projects that meet a variety of specific
requirements. The new law applies to jurisdictions that have not made enough progress toward
meeting their Regional Housing Needs Assessment (RHNA). Newport Beach is on a list of 213
California jurisdictions that have not made sufficient progress toward their Lower income RHNA
(Very Low and Low-income), and are subject to the streamlining provisions for proposed multi-
family developments that contain two or more residential units with at least 50 percent
affordability.'
Even though requirements of SB 35 apply to jurisdictions regardless of whether they have codified
the new procedures, because the law establishes a very short time frame within which to review
an application, some jurisdictions have adopted their own application forms and adapted the
procedures to simplifythe process. SB 35 expands the common definition of "multi -family housing
California Department of Housing and Community Development, SB 35 Statewide Determination Summary, June
2019. Download at
http://www.hcd.ca.gov/commu nity-development/housi ng-
element/docs/SB35 StatewideDeterminationSummary.pdf
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development" applying to projects with two or more units; depending on the number of housing
units proposed, the jurisdiction has from 60 to 90 days to review the project to determine if it is
eligible for streamlined processing. If eligible, the jurisdiction has from 90 to 180 days to make a
final decision.
California Department of Housing and Community Development (HCD) Guidelines for
implementing SB 35 require local agencies subject to SB 35 to provide information on the
application process and identify the relevant objective planning standards used for such projects.
The information provided can include reference documents and a list of information the city
needs to determine if the application is consistent with objective standards such as checklists,
maps, diagrams, flow charts, or other formats. 2
Eligible projects are exempt from environmental review under CEQA and the process does not
allow public hearings; however, SB 35 does allow for "design review or public oversight" to occur
if a locality so chooses. This process may be conducted by the Planning Commission or equivalent
board or commission responsible for review and approval of development projects, or the City
Council. However, the review process must be objective and strictly focused on assessing
compliance with criteria required for streamlined projects, as well as any reasonable objective
design standards that were in effect before the application was submitted. This process may not
in any way "inhibit, chill, or preclude the ministerial approval" allowed by SB 35 (Section
65913.4(c)(1)).
When determining consistency with objective zoning, subdivision, or design review standards, the
local government can only use those standards that meet the definition specified in the
Government Code. This means standards may not involve any personal or subjective judgment by
a public official and are uniformly verifiable by reference to an external and uniform benchmark
or criterion available and knowable by both the development applicant or proponent and the
public official prior to submittal. "Objective design review standards" must be published and
adopted by ordinance or resolution by a local jurisdiction before submission of a development
application, and which are broadly applicable to development within the jurisdiction. For
example, design review standards that require subjective decision-making, such as consistency
with "neighborhood character", cannot be applied as an objective standard unless "neighborhood
character" is defined in such a manner that is non -discretionary.
Objective design review could include use of specific materials or styles, such as Spanish -style tile
roofs or roof pitches with a slope of 1:5. Architectural design requirements such as "craftsman
style architecture" could be used so long as the elements of "craftsman style architecture" are
clearly defined (e.g., "porches with thick round or square columns and low-pitched roofs with
wide eaves), ideally with illustrations.
Further, AB 1485 (Wicks), which is among the bills the Governor signed in October, has resulted
in additional amendments to Government Code Section 65913.4 (which codified SB 35) that are
2 California Department of Housing and Community Development, Streamlined Ministerial Approval Process
(Chapter 366, Statutes of 2017) Guidelines, November 29, 2018. Download at http://www.hcd.ca.gov/policV-
research/docs/SB-35-G u idel i nes-fi na I. pdf
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intended to address some issues that have been identified since the streamlining provisions were
originally enacted. These changes:
• Require that underground space such as garages and basements shall not be considered
part of the square footage of the development;
• Provide that if other state or local programs require the dedication of affordable housing
units or fees, the requirements of those program shall be treated separately or additively
and not additionally applied to a housing development project in addition to those
already required under SB 35 (i.e. no stacking);
• Provide that a development shall be deemed consistent with objective planning standards
if there is substantial evidence that would allow a reasonable person to conclude that the
development is consistent with such objective planning standard;
• Allow a permit for a project with fewer than 50 percent affordable units to remain valid
for three years or if litigation is filed challenging the approval, from the date of any final
judgement upholding the approval, and shall remain valid so long as vertical construction
is in progress;
• Require any permits subsequent to the streamlined, ministerial approval, such as
demolition, grading, and building permits or, if required, final map, to be issued if the
application substantially complies with the development as it was approved, as specified.
Upon receipt of the application, the local government shall process subsequent permits
without unreasonable delay and shall apply the same procedures and requirements on
all projects; and
• Declare that SB 35 projects are eligible for protections under the Housing Accountability
Act (HAA).
Under the provisions of Government Code Section 65913.4 (as amended), proponents of projects
that meet the requirements of the statute may apply for ministerial processing when proposed
multi -family developments satisfy objective development standards established by the
community in which the development is proposed. Design review may still be conducted but is
limited to an assessment of whether the project complies with objectives standards enacted prior
to application and must be completed within 180 days (for projects of more than 150 units).
Objective standards are those which "involve no personal or subjective judgment by a public
official and are uniformly verifiable by reference to an external and uniform benchmark or
criterion." Such requirements must be available and "knowable" by both the applicant or project
proponent and public officials and staff before the application is submitted. SB 35 also places
limitation on the expiration of approvals pursuant to this process; limits the authority of local
government to impose parking standards on development approved pursuant to the process; and
requires that local governments report annually to the State on housing production.
Development and design standards are typically specified in the Zoning Code or in a Specific Plan
that the jurisdiction adopts as a regulatory plan, rather than in the General Plan, but both the
Zoning Code and any Specific Plan must be consistent with the General Plan. In light of the
requirements of SB 35 and HAA, the Newport Beach General Plan needs to identify critical
elements that contribute to desired character of the community that the Zoning Code can then
regulate. Plan policies should also be written to provide a strong and clear basis for the regulations
the City adopts to implement them.
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Policy LU 5.1.9 from the current General Plan identifies the following aspects as important for
high-quality multi -family residential development and provides guidance for development
projects: architectural treatment of facades; ground floor treatments; roof design; parking; and
open spaces and amenities. Municipal Code Chapter 20.18 (Table 2-3) provides standards for lot
dimensions, lot coverage, setbacks, and building heights. Section 20.48.180 provides further
residential development standards related to third floors and open volume area, while other
sections of the Code govern bluffs, fencing, landscaping, lighting, parking, and satellite antennas.
Chapter 20.56 provides standards for specific Planned Community Districts in the city.
Collectively, these provisions from the Zoning Code are the objective standards that would apply
in the case that a proposed development with 50 percent or more affordability applied for
ministerial review under SB 35.
The City may wish to add or amplify existing standards to further define the desired character by
establishing more detailed design and development standards for multi -family development
especially for the Mixed -Use Zoning Districts, where it is likely much of the residential
development will occur. For example, General Plan Policy LU 5.1.9 identifies roof modulation as
an important design element, but the Code currently has objective standards related only to roof
height, not modulation. In areas where the City has not established standards or where the
standards it has adopted are inconsistent with the General Plan, the General Plan policies will be
the only development and use requirements with which developers need to comply (Government
Code Section 65913.4 (a) (5) (A) and (B)). Based on Section 20.14.020, it appears that the zoning
for areas of Newport Beach designated MU -H Mixed -Use in the General Plan defaults to the
existing standards for the MU -MM, -DW and CV/15th Street districts. These standards cover
density, lot dimensions, setbacks, height but do not address any other design features, such as
architectural treatment of facades, that are of concern to the City.
Senate Bill 167, Assembly Bill 678, Assembly Bill 1515 and SB 330 (Skinner)
Collectively, the first three laws, which became effective in January 2018, along with SB 330,
signed by the Governor in October 2019, strengthened the Housing Accountability Act (HAA), that
was originally enacted in 1982 to limit the ability of local jurisdictions to deny or make infeasible
qualifying housing projects. The HAA, which is codified as Government Code Section 65589.5,
severely restricts cities and counties from denying or imposing conditions on residential projects
that would require a reduction in density of a development that complies with "objective" general
plan, zoning, and subdivision standards without making specified findings that the project would
have a "specific adverse impact" on public health or safety. Findings must be based on a
"preponderance" of the evidence in the record. which is a stricter standard than the "substantial"
evidence that the law previously required.
If, in the City's estimation, a proposed project does not comply with objective general plan,
zoning, and subdivision standards and criteria (including design review criteria) the City must
provide a list of inconsistencies within 30-60 days of application being deemed complete. If City
fails to provide this list within the specified time limit, the project is "deemed consistent." Under
SB 330, "objective" means involving no personal or subjective judgment by a public official and
being uniformly verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the public official.
Furthermore, this section cannot be used to disapprove or conditionally approve if the project is
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(1) proposed on a site suitable for low income (< 80 percent of annual median income) and (2) is
consistent with the density specified in the Housing Element, even if the project is inconsistent
with the zoning ordinance and general plan land use designation. A change to the zoning
ordinance or general plan land use designation AFTER the date the application for the project was
deemed complete will not be a valid basis to deny or condition approval of an eligible residential
project. Also, if the City has not identified sufficient sites with the capacity to provide for a share
of the jurisdiction's RHNA, the City must allow the development on any site designated in the Plan
for residential uses or for commercial uses or an emergency shelter on any site zoned for
industrial, commercial or multifamily residential use.
SB 330 established additional requirements, most of which will be in effect only until January 1,
2025 and others that will become effective as of that date including uniform statewide standards
for what a community can require in a "preliminary application" and requiring all communities to
use a standard application form developed by HCD. Even though the application requirements
that will be codified in Government Code 65941.1 will expire on January 1, 2025, the list may serve
as a useful basis for reviewing and, if necessary, revising the published lists of application
requirements that the Section 65940 of the Permit Streamlining Act has required for a number of
years.
Passed by the legislature in September 2019, and signed by the Governor, SB 330 limits the ability
of cities and counties to move the goalposts for housing development projects during their
application process and strengthens the protections of the Housing Accountability Act and the
Permit Streamlining Act. SB 330 prohibits a jurisdiction (with some exceptions) from enacting
development policies, standards, or conditions that would change current zoning and general plan
designations of properties where housing is allowed in order to "lessen the intensity of housing,"
such as by reducing height, density or floor area ratio; requiring new or increased open space, lot
size, setbacks or frontage; or limiting maximum lot coverage. Moreover, the bill stipulates that
any such amendment that took effect after January 1, 2018 would be null and void as a matter of
law. SB 330 also bans jurisdictions from placing a moratorium or similar restrictions on housing
development, from imposing subjective design standards established after Jan. 1, 2020, and
limiting or capping the number of land use approvals or permits that will be issued in the
jurisdiction, unless the jurisdiction is predominantly agricultural. This provision does not apply
retroactively to any caps established before January 1, 2018, such as the restrictions applicable to
residential development in the Airport Area and Newport Center identified in Table H32 of the
Housing Element.
SB 330 also requires cities and counties to reduce the time it takes to process housing applications
with an EIR to no more than 90 days for most market -rate housing developments (from 120 days)
and to 60 days (from 90 days) for affordable developments, after a project application is deemed
complete. In addition, SB 330 requires communities to either approve or disapprove the
application at any of the five allowed hearings. With certain defined exceptions, SB 330 prohibits
communities from requiring a housing development project to comply with an ordinance, policy,
or standard that not adopted and in effect when a preliminary application was submitted. a
provision that exempts housing projects exempt from any ordinances, policies, and standards
adopted after the applicant's submission of a "preliminary application" that meets the
requirements of the Permit Streamlining Act (Section 65941) as amended by SB 330 except for:
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• A fee, charge or other exaction that results from an automatic annual adjustment based
on a cost index referenced in an adopted ordinance or resolution;
• An ordinance, policy, or standard beyond those in effect when a preliminary application
was submitted that is necessary to mitigate or avoid a specific, adverse impact upon the
public health or safety;
• An ordinance, policy, standard, or any other measure, beyond those in effect when a
preliminary application was submitted is necessary to avoid or substantially lessen an
impact of the project under the California Environmental Quality Act; or
• When housing development project has not commenced construction within two and
one-half years following the date that the project received all necessary approvals to be
eligible to apply for, and obtain, a building permit or permits with a few specific
exceptions.
The provisions of these laws primarily concern the procedures and parameters for approving
housing, rather than planning for housing; however, with these revisions to the HAA, a mixed-use
project now qualifies as long as at least two-thirds of its square footage is designated for
residential use, whereas previously, the HAA made a more limited set of mixed-use projects to
qualify for its protections. In addition to 100 percent residential and mixed-use projects that have
two thirds or more of the total square footage devoted to residential uses, the law also applies to
transitional and supportive housing and emergency housing shelters.
The new requirements underscore the importance of ensuring that City plans and regulations
include carefully written provisions that establish a sound basis for "objective, quantifiable,
written development standards."
Assembly Bill 1763
Assembly Bill (AB) 1763 was signed into law on October 10, 2019, providing enhanced density
bonus options. A density bonus is an increase in the number of housing units allowed under a
general plan and/or zoning ("base density") to encourage the production of affordable housing.
Depending on the amount and affordability of the proposed affordable housing, under State
Density Bonus Law (Government Code 65915 et seq.) a project may be allowed a density bonus
between 5 percent and 35 percent above the base maximum density. Under AB 1763, projects
that provide 100 percent of their units dedicated for lower income households or 80 percent for
lower income households and 20 percent for moderate -income, are eligible for a potential 80
percent increase in base density and these projects would also be able to receive three to four
concessions, such as such as reduced setback and minimum square footage requirements.
Further, under AB 1763, for a project that meets the affordability requirements and is also within
0.5 miles of a major transit stop, there is no maximum control on density; however, these
provisions do not currently apply in Newport Beach as there is no facility in the city which meets
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the definition of major transit stop.3,4 While the 2006 General Plan contains policies and
implementation measures that seek to enhance transit service, there are no provisions that
explicitly call for increased frequency of service.
Finally, it should be noted that projects that meet the AB 1763 affordability requirements will also
likely meet SB 35 affordability requirements and would therefore also be eligible for streamlining
pursuant to SB 35. This underscores the importance of establishing objective standards to guide
the design of qualifying high density housing and mixed use projects to ensure they are in keeping
with community standards.
Assembly Bill 1397 and SB 166
The "No Net Loss' provisions in Section 65583.2 of the Housing Element law were established to
make sure that housing elements identify sufficient sites to accommodate the jurisdiction's RHNA
or include programs to ensure that sites will be available throughout the planning period. Under
the "No Net Loss "requirements, a city may not reduce residential density or allow development
at a lower residential density unless the city makes findings supported by substantial evidence
that the reduction is consistent with the general plan and there are remaining sites identified in
the housing element adequate to meet the city's outstanding RHNA. SB 166 and AB 1397, which
became effective in January 2018, added to that requirement by stipulating that sites listed on
the inventory must be both available and suitable for residential development. Specifically, AB
1397 requires that sites listed on the inventory have "realistic and demonstrated potential for
redevelopment during the planning period to meet the locality's housing need for the designated
income level."
The Housing Element must calculate the realistic development capacity of sites listed on the
inventory for the various income levels in view of the availability of sufficient water, sewer, and
dry utilities, and must include a discussion of the methodology used to determine development
potential, considering the community's past experience with converting existing uses to higher -
density residential development, the current demand for the existing use, and an analysis of
existing leases or other contracts that would perpetuate the existing use or prevent
redevelopment. An alternative way to show that a site or sites are appropriate to accommodate
development to accommodate lower income households is to establish density requirements that
meet the thresholds Section 65583.2 specifies, which is 30 units per acre for cities in a
metropolitan county such as the County of Orange.
SB 166 went further by requiring cities that allow development at reduced densities now be
prepared to meet remaining unmet RHNA need by income category within 180 days. If the
3 Per California Public resources Code Section 21064.3, a major transit stop means a site containing an existing rail
transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major
bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute
periods.
4 South County System Map https://www.octa.net/ebusbook/routePdf/SouthCounty.pdf
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remaining sites in the inventory cannot accommodate the unmet RHNA by income category, the
City must be prepared to rezone other sites where residential development is allowed regardless
of any growth management restriction, open space or agricultural preservation policies. This
provision wouldn't automatically negate development caps such as the restrictions applicable to
residential development in the Airport Area and Newport Center identified in Table H32 of the
Housing Element so long as the City is unable to identify sufficient sites in other zones. However,
it will require detailed project -by -project monitoring and may require that the City rezone
additional land to a high-density residential use during the Housing Element planning period in
order to remain in compliance. In view of the no net loss provisions, the City may elect to zone
more land for higher density residential development than is strictly required to satisfy the RHNA
in order to ensure that sufficient sites are available in the event that some sites are approved at
reduced densities.
Government Code Section 65583.2(c) stipulates that the inventory may not include a non -vacant
site identified in a prior housing element or a vacant site identified in two or more consecutive
planning periods that was not approved for developing housing to meet housing need unless the
site can be developed at a higher density and is subject to a program in the housing element
requiring rezoning within three years of start of planning period to allow residential by right for
housing in which at least 20 percent of the units are affordable to lower income households. The
sites inventory included in the 2008-2014 Housing Element and the 2014-2021 Housing Element
relied heavily on the use of non -vacant sites. Therefore, any lower-income non -vacant sites that
were listed in the prior housing elements and also planned for use in the upcoming 2021- 2029
Housing Element will be subject to the by -right and 20 percent inclusionary requirements. The
intention of this requirement is to incentivize residential development on sites previously deemed
suitable for housing but that have not seen development by increasing allowable density and
streamlining the approval process.
An analysis of the inventory in current Newport Beach Housing Element is beyond the scope of
this memo; however, in the course of updating the Housing Element, the City will need to assess
how many sites from the current inventory can be carried forward under current zoning and how
many would need to be rezoned in order to be carried forward. Additionally, depending on the
City's assigned RHNA for the upcoming planning period, it may be necessary to identify other
potential sites for residential development that were not included in the prior Housing Element.
This could be done by using data from the County Assessor to conduct an assessed value ratio
analysis to identify underutilized sites that are more likely to redevelop because they offer
property owners an incentive to redevelop with uses that can command a higher sales price or
rent. The Housing Element will need to be adopted by October 2021, which is likely before the
updated General Plan will be ready. As such a critical consideration for the Housing Element will
be ensuring adequate sites available for the 2021-2029 cycle.
Assembly Bills (AB) 671, 1255, and 1486
Collectively, these three bills signed into law by the Governor on October 10 would require local
government agencies to prepare a list of surplus lands under its ownership and provide that to
the State for inclusion in a digitized statewide inventory of surplus governmental lands suitable
for residential development. Surplus land is defined as "land owned by any local agency that is
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determined to be no longer necessary for the agency's use." Pursuant to these new laws, the
Newport Beach Housing Element Update must provide a description of non -vacant sites owned
by the City and details of whether there are any plans to dispose of the property during the
planning period.
Assembly Bill 881, Assembly Bill 68, Senate Bill 13, and Assembly Bill 671
All four bills, signed by the Governor on October 10, are intended to facilitate production of
accessory dwelling units (ADUs), or secondary housing units either attached or detached from a
main house that exist on a lot with another house. The State sees these units as an innovative,
affordable, effective option for adding much-needed housing in California. ADUs may be counted
toward a community's RHNA.
Assembly Bill (AB) 881 removes impediments to ADU construction by restricting local
jurisdictions' permitting criteria, clarifying that ADUs must receive streamlined approval if
constructed in existing garages, and eliminating local agencies' ability to require owner -occupancy
for five years. Assembly Bill (AB) 68 makes major changes to facilitate the development of more
ADUs, further reducing barriers to ADU approval and construction. Notably, the law prohibits the
imposition of limits on lot coverage, floor area ratio, open space, and minimum lot size unless
they allow for at least an 800 square foot accessory dwelling unit that is at least 16 feet in height
with 4 -foot side and rear setbacks to be constructed. Senate Bill (SB) 13 prohibits jurisdictions
from establishing a maximum square footage requirement for either an attached or detached
accessory dwelling unit that is less than 850 square feet, and 1,000 square feet if the accessory
dwelling unit contains more than one bedroom. It also creates a tiered fee structure which
charges ADUs based on their size and location and addresses other barriers by lowering the
application approval timeframe, creating an avenue to get unpermitted ADUs up to code, and
enhancing an enforcement mechanism allowing the state to ensure that localities are following
ADU statute. Assembly Bill (AB) 671 requires local governments' housing plans to encourage
affordable ADU rentals and requires the state to develop a list of state grants and financial
incentives for affordable ADUs.
The City of Newport Beach's current ADU regulations were adopted in February 2019 to conform
to provisions enacted by the State legislature mandating a variety of requirements intended to
make it easier for homeowners to construct such units. Since that time, the State has made some
additional changes to the law including the revisions made by Assembly Bills 881, 68, 671, and
Senate Bill 13 described above. Although cities and counties are subject to all of the State's ADU
requirements regardless of whether local regulations have been updated to be consistent with
the most recent changes, the City should review all existing provisions applicable to this type of
housing and revise both the Zoning Code and any counter materials to ensure that City staff and
property owners have access to the most current requirements. The Housing Element, which was
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adopted in September 2013, will also need to be updated to reference the most recent version of
the State law and the local regulations.
Assembly Bill 2797
In the Kalnel Gardens, LLC v. City of Los Angeles (2016), the Second District Court of Appeal ruled
that the State Density Bonus Law is subordinate to the Coastal Act. In response, Assembly Bill (AB)
2797, requires the State Density Bonus Law be harmonized with the California Coastal Act so that
both statutes can be given effect within the coastal zone so as to increase affordable housing in
the coastal zone while protecting coastal resources and access. Specifically, AB 2797 requires that
any density bonus, concessions, incentives, waivers or reductions of development standards, and
parking ratios to which an applicant is entitled under the Density Bonus Law be permitted in a
manner that is consistent with that law and the California Coastal Act of 1976.
Implications for Listen and Learn
The Southern California Association of Governments (SCAG) is currently in the process of
developing the 6th cycle Regional Housing Needs Assessment (RHNA) allocation plan which will
cover the planning period October 2021 through October 2029. The RHNA quantifies the need for
housing within each jurisdiction in the SCAG region during the planning period and represents the
amount of housing that must be planned for in a community's General Plan Housing Element
according to State law. SCAG plans to release draft RHNA allocations in February 2020 and to
formally adopt a RHNA allocation plan in October 2020. While the City of Newport Beach's RHNA
allocation is not known at this time, based on the draft RHNA methodology currently being
considered by SCAG, the City anticipates a total RHNA of approximately 2,750 units, substantially
more than in the prior cycle. In this context, housing will undoubtably be a hot topic for the
General Plan Update, and as such, Listen and Learn outreach represents an important opportunity
to start a conversation with the community about housing before potentially controversial RHNA
numbers are released.
Listen and Learn outreach can help set up for the Housing Element Update and the General Plan
Update by:
• Informing community members about the legal requirements for the planning of housing
and the levers available to the City to shape the location and character of housing (i.e.,
through objective standards) including criteria for identifying sites appropriate for
affordable housing development;
• Engaging community members in a dialogue about demographic projections and future
housing needs in Newport Beach, recognizing that new housing can help ensure that the
community remains affordable to our children as they move out and start families, our
parents as they get older, and the teachers, firefighters and other public servants who
contribute to the quality of life of the community; the conversation should include a
discussion of housing typologies suited to future demand, especially in view of new State
law intended to facilitate production of affordable multi -family development and ADUs;
• Obtaining input that will help to identify areas that could be designated for additional
affordable housing and help to assess the feasibility of establishing affordable housing
overlay zoning;
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• Seeking input on the elements of built form that contribute most to the desired character
of the community in order to guide creating of objective standards that will help achieve
design that enhances the visual character and sense of place in Newport Beach.
While the Listen and Learn process presents an opportunity to gather community input that can
inform the development of new citywide objective standards for multi -family and mixed use
projects, it may be prudent for the City to work on a separate, expedited timeline to establish
objective standards for areas where adopted standards are insufficient or are inconsistent with
the General Plan, such as in the Airport Area. This would ensure that there are sufficient interim
objective standards in place to guide projects that may come forward in these areas while the
General Plan Update is in progress. Community input gathered as part of the Listen and Learn
process and the subsequent General Plan Update could then be used to refine and/or augment
the interim standards.
SAFETY
Government Code 6530 (g) (2) - Flooding
This section of the California Government Code required an update to the Safety Element of the
General Plan timed with the next update to the Housing Element on or after January 1, 2009 to
address new requirements related to flooding. These requirements include the identification of
flood hazard areas based on available data from the Federal Emergency Management Agency
(FEMA), the provision of historical data on flood events, and the establishment of goals, policies,
and objectives designed to avoid or minimize risks to new development from flooding. The current
General Plan includes a discussion of flooding risk in Newport Beach and a map (Figure S3)
depicting flood hazard areas. Goal S 5 and associated policies address flooding risk. As part of the
General Plan Update, the maps and information will need to be updated based on the latest
available data and the Element will need to be synchronized with the 2016 Local Hazard Mitigation
Plan (LHMP).
Government Code 6530 (a) (3) - Wildfire
This section of the California Government Code requires an update to the Safety Element of the
General Plan timed with the next update to the Housing Element on or after January 1, 2014, to
address new requirements related to wildfire. These requirements include the identification of
fire hazard severity zones, based on data from the California Department of Forestry and Fire
Protection, the provision of historical data on wildfire events, the provision of additional
information about wildfire hazard areas from the US Geological Survey, and the establishment of
goals, policies, and objectives designed to avoid or minimize risks to new development from
wildfire. The current General Plan includes a discussion of wildfire risk in Newport Beach and a
map (Figure S4) depicting wildfire hazard areas. Goal S 6 and associated policies address wildfire
risk. As part of the General Plan Update, the maps and information will need to be updated based
on the latest available data and the Element will need to be synchronized with the 2016 LHMP.
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GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
Senate Bill 379
Senate Bill (SB) 379 requires all cities and counties to include climate adaptation and resiliency
strategies in the safety elements of their general plans upon the next revision to the City's Local
Hazard Mitigation Plan beginning January 1, 2017. The law requires that each community
complete a vulnerability assessment to identify primary and secondary risks from climate change;
to create a set of adaptation and resilience goals, policies and objectives address the risks
identified in the vulnerability assessment; and to develop feasible implementation measures
designed to carry out the goals, policies and objectives. To help with local vulnerability
assessments, the California Energy Commission, in collaboration with UC Berkeley's Geospatial
Innovation Facility, has developed the Cal -Adapt website, which offers a wealth of data on how
climate change might affect California at the local level, including effects in Orange County and
Newport Beach.
Implications for Listen and Learn
Publicly available data and information on natural hazards and the effects of climate change can
be used to create maps and graphics that can help frame a discussion of issues and priorities for
the community in the face of challenges that may result from climate change in the future.
ENVIRONMENTAL JUSTICE
Senate Bill 1000
Enacted into law in 2016, SB 1000 (California Code Section 65302(h)) requires that General Plans
identify disadvantaged communities (DACs) within their jurisdiction and incorporate strategies to
address the needs of those communities. DACs are defined by the State as areas most burdened
by a combination of economic, health, and environmental factors, including poverty, high
unemployment, pollution, and health conditions like asthma and heart disease. Specifically, the
law requires that with the next update to two or more elements of the General Plan on or after
January 1, 2018, a community with a DAC within its jurisdiction must adopt environmental justice
goals, policies, and objectives into the General Plan, considering strategies to reduce pollution
exposure as well as strategies to promote public facilities, food access, safe and sanitary homes,
and physical activity. Further, the environmental justice goals, policies, and objectives must also
promote civic engagement in the public decision-making process and prioritize improvements and
programs that address the needs of DACs. The environmental justice goals, policies, and
objectives may be included in a standalone element or incorporated into other elements of the
General Plan.
To identify DACs, the California Environmental Protection Agency has developed a mapping tool
known as CalEnviroscreen, which is the standard used by State agencies for identifying DACs and
is specifically identified in State law as the minimum requirement for general plans.
CalEnviroscreen considers 20 different indicators related to pollution exposure, health, and socio-
economic factors to rank 8,000 census tracts statewide. Tracts that rank in the 75th percentile
(i.e., the top 25 percent) are classified as DACs. CalEnviroscreen identifies census tract
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GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
6059063604, a small portion of which is located within the City of Newport Beach, as a DAC. The
principal indicators of concern contributing to the classification of this tract as a DAC relate to
hazardous waste, toxic releases, groundwater contamination threats, and housing burden.
The portion of the tract classified as a DAC that is within the City of Newport Beach is located
along West 16th Street and is currently developed with commercial uses. As such, there are no
Newport Beach residents of this DAC; however, according to CalEnviroscreen data, issues related
to water pollution and risk of toxic release also exist in other census tracts within the city.
Therefore, the General Plan Update and its environmental impact report should endeavor to
characterize and address the associated risks, which may be at issue in the part of the DAC within
the City limit as well as in other areas of the city. Given the somewhat anomalous situation
whereby only a tiny, commercial portion of the City is classified as a DAC, it is also advisable to
consult with OPR regarding how best to satisfy the requirements of SB 1000 in the General Plan
Update.
Assembly Bill 2616
Enacted in 2016, Assembly Bill (AB) 2616 authorizes local jurisdictions and the California Coastal
Commission to consider environmental justice factors when deciding on coastal development
permit applications. In response to this new law, the California Coastal Commission formally
adopted an Environmental Justice Policy on March 8, 2019. The Policy identifies coastal access for
disadvantaged communities as a priority and notes that the ongoing statewide housing
affordability crisis "has pushed low-income Californians and communities of color further from
the coast, limiting access for communities already facing disparities with respect to coastal access
and may contribute to an increase in individuals experiencing homeless." Specifically, the Policy
cites the intent of the Commission to "work with local governments to adopt local coastal program
policies that allow for a broad range of housing types including affordable housing, ADUs,
transitional/supportive housing, homeless shelters, residential density bonuses, farmworker
housing, and workforce/employee housing, in a manner that protects coastal resources
consistent with Chapter 3 of the Coastal Act." The Policy also seeks to address a trend in the
conversion of existing visitor -serving coastal facilities to high-cost facilities and expresses the
intent to adopt a strategy for increasing the number and variety of new lower-cost opportunities
along the coast.
Implications for Listen and Learn
CalEnviroscreen provides a wealth of data that can be used to characterize pollution burden in
Newport Beach. In conjunction with other sources of information, this data could be used to
create maps and charts that convey context and inform a discussion about environmental health
and related priorities for the General Plan Update.
The City of Newport Beach has approximately 30 miles of bay and ocean waterfront and about 63
percent of the City is in the Coastal Zone. The City's Local Coastal Program (LCP) was certified with
an effective date of January 30, 2017, and as such the City can now issue Coastal Development
Permits, subject to appeal to the California Coast Commission. Given the implications of AB 2797
discussed previously and the stated aim of the Coast Commission to promote a range of housing
types on the coast, Newport Beach will need to explore options for housing in the coastal zone
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GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
while also carefully considering the consequences of sea level rise and climate change on the
vulnerability of coastal residents. Additionally, while the current General Plan does contain
policies that seek to promote public access to the coast (LU 6.19.10 and HB 6.1), there may be an
opportunity to explore enhancing or expanding these as part of the Listen and Learn process.
OTHER ELEMENTS
The focus of this memo is on the recent State laws and their implications for the Newport Beach
General Plan. As such, the review concentrates on portions of the existing General Plan that could
be affected by those laws. The laws discussed above do not have implications for other elements,
but that there may be other circumstances triggering the need for updates to other elements.
City staff will be well placed to identify changes required to other elements and the Listen and
Learn process will uncover other matters of importance to the community that should be
addressed in the General Plan Update.
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