HomeMy WebLinkAbout07 - 2022 Annual General Plan and Housing Element Progress ReportQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
March 28, 2023
Agenda Item No. 7
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: 2022 Annual General Plan and Housing Element Progress Report
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 progress
and its implementation. The Planning Commission reviewed the 2022 Annual Progress
Report at its meeting on March 9, 2023. For the City Council's consideration is the review
and authorization to submit the report to the State of California.
RECOMMENDATIONS:
a) Find the preparation, review and submission of the 2022 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 2022 General Plan Progress Report, including the Housing Element
Annual Progress Report; and
c) Authorize the submittal of the 2022 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 law. There is no standardized form or format
for the preparation of the General Plan Annual Progress Report (Report); however, the
Report was prepared pursuant to guidance provided by the 2022 Annual Progress Report
Memorandum issued by OPR on October 6, 2022.
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2022 Annual General Plan and Housing Element Progress Report
March 28, 2023
Page 2
The Report (Attachment A) reflects the status of the implementation measures between
January 1, 2022, and December 31, 2022 (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). In 2022, the City updated the Housing and Circulation Elements.
The Report 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 2022. The Report also summarizes
identified priorities for land use decision making for the Reporting Period.
General Plan Update
In 2019, the City embarked on a comprehensive update of the General Plan, but pivoted
in 2020 to focus on preparing the 6t" Cycle Housing Element update, as well as an update
to the Circulation Element. During the 2022 reporting period, the City continued to focus
its efforts, which ultimately led to the City Council's initial adoption of the 6t" Cycle Housing
Element update on February 8, 2022. After several reviews and revisions with HCD, the
City Council re -adopted a refreshed 6t" Cycle Housing Element on September 13, 2022.
The update is a comprehensive statement of the City's housing policies and serves as a
guide for the 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). On October 5, 2022, HCD determined the City's 6t" Cycle Housing
Element is in full statutory compliance.
On October 25, 2022, the City Council adopted an updated Circulation Element that
included several refreshed policies that are compliant with State law. For example, the
updated Circulation Element contains policies related to complete streets and vehicle
miles traveled. The policies were reviewed by the community through extensive outreach
and remain consistent with the community's vision.
Simultaneous with the efforts to update the Housing Element and Circulation Element,
the General Plan Update Steering Committee (GPUSC) began meeting in July 2022 to
restart the comprehensive update efforts. In November 2022, the City Council appointed
a 30-member General Plan Advisory Committee (GPAC) to help represent the community
and guide potential policy changes. 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.
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2022 Annual General Plan and Housing Element Progress Report
March 28, 2023
Page 3
2022 Housing Element Annual Progress Report
Government Code Section 65400 requires that each city, including charter cities, provide
an annual progress report on the status of the Housing Element of its General Plan. HCD
has provided mandatory forms (Excel spreadsheets) and definitions for the housing
portion of the Report. The forms include six large tables (Tables A through F), but due to
the large size and format, only a summary of the contents of each table is provided in the
attached Report. The complete forms are available online at the following link:
www.newportbeachca.gov/APR and they will be submitted to HCD in electronic format.
The annual report requires the City to report all housing applications submitted in 2022,
including building permits (Table A in Report) and all housing applications with a net
increase in units approved and finalized in 2022 (Table A2 in Report). The permits
approved and reported in Table A2 are automatically populated in Table B. Table B
includes 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 the RHNA allocation for each jurisdiction
within the SCAG region. SCAG, through the RHNA process, assigned Newport Beach a
share of the region's new housing units needs for the 2021 - 2029 planning period to be
a total of 4,845 new dwelling units further broken down by income category.
Housing production toward the 6t" Cycle RHNA allocation is best summarized by
Table B, which is included in the Report and excerpted below. It is important to note that
2022 is the first full calendar year of housing toward the 6t" Cycle.
Table B Summary - Regional Housing Needs Allocation Progress
Table B Summary: Regional Housing Needs Allocation Progress
Permitted
Units
Issued by Affordabilit
Income
RHNA 2021
2022
2023
2024
2025
2026
2027
2028
2029
Total
Level
to Date
Very Low
- 13
8
21
Low
21
14
35
Moderate
1
11
12
Above
31
7
38
Moderate
Total
66
40
-
-
-
-
-
106
RHNA
Total
Units
667
40
106
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.
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2022 Annual General Plan and Housing Element Progress Report
March 28, 2023
Page 4
Significant Residential Development Projects with Affordable Units
Another highlight is significant residential projects that include an affordable housing
component on sites identified as underutilized. These projects include Uptown Newport,
Newport Crossings, Residences at 4400 Von Karman, Newport Airport Village,
Residences at Newport Center, Newport Village Mixed -Use, 2510 West Coast Highway,
1300 Bristol Residences and four new housing projects submitted for preliminary reviews
in 2022. Each of these projects is detailed in the attached Report.
Policy Actions 1 A through 1 G Related to Housing Implementation
Immediately after the 6t" Cycle Housing Element's adoption in September 2022, the City
began to review the General Plan for consistency with the implementation of the housing
strategy. This predominantly included analyzing the General Plan Land Use Element,
drafting overlay zoning text for various focus areas, and creating objective design
standards. The goal is to rezone the housing opportunity sites appropriately for housing
development. The City is working with the General Plan Update Steering Committee and
the General Plan Advisory Committee on this effort to ensure a transparent process that
is representative of the community's input. The City is on schedule to have the Land Use
Element updated and Zoning Overlays adopted by the end of 2023. These actions will be
subject to a successful vote of the electorate pursuant to Charter Section 423, currently
planned for March 5, 2024.
Policy Actions 1 H, 1I, and 1 J Related to Accessory Dwelling Units (ADUs)
The City pursued several efforts related to revising the City's regulations pertaining to
accessory dwelling units and incentivizing their development consistent with City Council
Policy K-4 and Housing Element Policy Action 1 H-1 J. These included a code amendment
related to State law updates with additional incentives, website enhancements,
pre -approved ADU plans, and ADU permit and plan check fee waivers.
In 2022, 59 ADUs were submitted for review. There were 71 ADUs that received building
permits and final inspections, resulting in a net increase in new units. A significant
contribution was the 20 ADUs that were constructed and finalized for occupancy at the
existing 880 Irvine Apartments. The project converted existing mail rooms, utility rooms,
and offices into ADUs. Additionally, 10 more ADUs at the 880 Irvine Apartments received
permits in 2022. All ADUs, including the 30 at the 880 Irvine Apartments, that received
permits in 2021 and 2022 will be counted toward satisfying the new 6t" Cycle RHNA.
Policy Action 4A. Affirmatively Furthering Fair Housing
For Policy Action 4A (Affirmatively Furthering Fair Housing), the City intends on taking
meaningful actions to overcome patterns of segregation and to foster inclusive
communities free from barriers that restrict access to opportunity based on protective
classes, as defined by State law. The City continues to maintain a contract for fair housing
services with the Fair Housing Foundation. The City will participate in an update to the
Orange County regional Analysis of Impediments to Fair Housing when next updated.
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2022 Annual General Plan and Housing Element Progress Report
March 28, 2023
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Planning Commission Review and City Council Authorization
The Planning Commission reviewed the General Plan Annual Progress Report at its
March 9, 2023 meeting. No comments were made resulting in changes to the Report. 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.
The efforts outlined to update the General Plan for compliance with all mandates and best
practices demonstrate the City is also committed to maintaining compliance with the latest
General Plan Guidelines and requirements therein issued by the Office of Planning and
Research. All implementation efforts are detailed in the attached Report and staff
recommends that the City Council review and authorize the submittal of the 2022 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. 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 State Department of Housing and Community Development by April 1 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — General Plan Annual Progress Report 2022
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Attachment A
General Plan Annual Progress Report of 2022
7-6
City of Newport Beach
General Plan Annual
Progress Report
0 0 �� 7
"40 ►PART
OA
2022 Calendar Year
Approved For Submission
March XX. 2023
7-7
THIS PAGE IS INTENTIONALLY LEFT BLANK,
City of Newport Beach General Plan 2022 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 ............................. 16
6. Established priorities for land use decision -making for 2022.................................. 17
List of Tables
Table 1 — Quick Status Update for Each Implementation Program
Table A Summary — 2022 Housing Development Applications Submitted
Table A2 Summary — 2022 Building Activity Summary — Net New Units
Table B Summary — Regional Housing Needs Allocation Progress
Appendices
Appendix A — General Plan Implementation Program Status
Appendix B — Table D. Housing Element Implementation Program Status
Appendix C — Memorandum from Dyett & Bhatia dated November 11, 2019
3
7-9
. Introduction
Consistent with Government Code Section 65400 and the City of Newport Beach ("City")
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 2022 calendar year ("Reporting
Period"). The current Newport Beach General Plan was last comprehensively updated
and 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 GP APR; however, the report format and content
follows the guidance provided by the 2022 Annual Progress Report Memorandum issued
by OPR on October 6, 2022.
2. Presentation and acceptance by local legislative
bodies
<DRAFT> The annual report was presented to the City's Planning Commission on March
9, 2023, and the City Council reviewed the report on March 28, 2023. At the conclusion
of the review, which 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. </DRAFT>
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
0
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City of Newport Beach General Plan 2022 Annual Progress Report
Table 1 — Quick Status Update for Each
Im lementation
Program
Programs
Ongoing
Complete
Pending
N/A
6.1
Review the Subdivision Ordinance for
✓
Consistency with the General Plan
7.1
Review Building and Construction Code for
✓
Consistency with General Plan
7.2
Revise Fair Share Traffic Contribution
✓
Ordinance
7.3
Review and Update Transportation Demand
✓
Ordinance
8.1
Review Codes and Ordinances for Consistency
✓
with the General Plan and Update Periodically
8.2
Prepare New Codes, Ordinances, and
✓
Guidelines
9.1
Review City Council Policy Manual for
✓
Consistency with the General Plan
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
7-11
Table 1 - Quick Status Update for Each
Im lementation
Program
Programs
Ongoing
Complete
Pending
N/A
14.14
Coordinate with Environmental Protection
✓
Agency EPA
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
✓
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City of Newport Beach General Plan 2022 Annual Progress Report
Table 1 — Quick Status Update for Each
Implementation Program
Programs
Ongoing
Complete
Pending
N/A
23.4
Maintain Recreation Programs for Newport
✓
Beach's Residents
23.5
Requirements for Residential Developers
✓
24.1
Adopt and Implement Strategic Plan for Fiscal
✓
and Economic Sustainabilit
25.1
Im lement 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 General Plan Housing Element. The
State Department of Housing and Community Development (HCD) has provided
mandatory forms in an Excel workbook format and definitions for the reporting. The forms
include twelve tables (Tables A, A2, B, C, D, E, F, F2, G, H, I, and J). 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.
The City's 6t" Cycle Housing Element was originally adopted by City Council in February
2022, subsequently revised and re -adopted on September 2022, and certified by HCD in
October 2022. Pursuant to guidance provided by HCD, Table D will include the
Implementation Programs from the recently certified Housing Element 2021-2029. The
complete Table D is provided in Appendix B of this report.
Table A Summary — Housing Development Applications Submitted
Table A provides a complete listing of all housing applications including discretionary and
ministerial permits submitted during the Reporting Period. The following table is a
summary of the net totals of Table A.
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7-13
Table A Summa — 2022 Housing Development Applications Submitted
AffordabilityB
Income
Total
Very -Low
Low
Moderate
Above-
Unit Type
Submitted
Moderate
Accessory
Dwelling
10
17
12
1
40
Units
Single-
0
0
0
79
79
Family
Multi-
12
12
0
85
109
Family
Total
22
29
12
165
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 a number of units are not reported in this
table. The following table is a summary of the net totals of Table A2:
Table A2 Summary - 2022 Building
Activity Summary — Net New Units
Approved Entitlements
Building Permits Issued
Certificates of
Occupanc Issued
Above-
Above-
Above -
Affordable
Moderate
Affordable
Moderate
Affordable
Moderate
Income
Income
Income
12 Very Low-
229
8 Very Low-
6
3 Very Low-
1 (ADU)
Income and
(Uptown
Income
(New
Income
6 (3922
12 Low-
Newport
(ADU)
condos on
(ADU)
East Coast
Income Deed
Condominiums
14 Low-
Santa Ana
23 Low-
Highway)
Restricted
and
Income
Avenue) 1
Income
(Residences
Residences at
(ADU)
(ADU)
(ADU)
at Bristol)
Bristol)
11 Moderate-
3 Moderate -
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 2021 - 2029
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
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City of Newport Beach General Plan 2022 Annual Progress Report
to be a total of 4,845 new dwelling units. This includes 1,456 dwelling units affordable to
very -low-income households, 930 dwelling units affordable to low-income households,
1,050 dwelling units affordable to moderate -income households, and 1,409 dwelling units
that are market rate or for above -moderate households. It is important to note that the
City just adopted its 6t" Cycle Housing Element and received certification in September
and October 2022 — one of only thirteen Orange County agencies to achieve statutory
compliance by the deadline. The City is currently pursuing implementation by updating
the Land Use Element and creating overlays to provide for by -right housing development.
Table B Summary: Regional Housing Needs Allocation Progress
Permitted
Units
Issued by Affordabilit
RHNA
Income
Allocatio 2021
2022
2023
2024
2025
2026
2027
2028
2029
Total
Level
to Date
n
Very Low
13
8
21
Low
21
14
35
Moderate
1
11
12
Above
, 18 31
7
38
Moderate
Total
RHNA
66
40
-
-
-
-
-
-
-
106
Total
Units
66
40
Produced
Table C Summary - Sites Identified or Rezoned to Accommodate Shortfall Housing
Need
The City is in the process of rezoning all 6t" Cycle Housing Element opportunity sites
listed in Appendix B of the Housing Element. Table C simply reflects the data in Appendix
B of the Housing Element.
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 implementation in 2022 follow:
Efforts to Assist the Unhoused
The City continues to provide robust assistance to those who are unhoused in the
community. For this reporting period, the following was accomplished:
• In February 2022, the Be Well Mobile Crisis Team launched in the City of
Newport Beach. The team operates seven days a week for 12 hours per shift.
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7-15
The Be Well team responded to mental, behavioral, and substance use crises
throughout the city. The team proactively engages with the unhoused
population to provide resources, shelter placements, and basic First Aid. Be
Well provided 2,543 contacts with residents, visitors, and unhoused people.
Be Well transported people 272 times to social service, medical, and other
essential appointments, or intakes. Of the 272 transports, 46 were for shelter
intake appointments, 35 to crisis stabilization units for treatment, and 10 to
the Be Well campus sobering station for treatment. The Be Well team also
reunified five people with their families.
• The homeless outreach and engagement team permanently housed 14
people from the street to housing. Another person was placed into an
assisted living facility.
• Nine people were placed in HB Oasis in Huntington Beach. HB Oasis is a
new non -congregate transitional housing facility. HB Oasis is an older motel
converted into transitional housing through the state's Project Homekey
initiative. Two of the nine people now reside in permanent supportive
housing.
• The Costa Mesa Bridge Shelter permanently housed seven people and
reunited two people with their families. In 2022, shelter guests spent 4,367
nights at the Costa Mesa Bridge Shelter.
• In 2022, City Net, the City's social services contractor, placed 20 people into
shelters. They provided 723 contacts with the unhoused population in
Newport Beach.
• 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. The CIT
completed 111 projects in 2022.
• The City hosted three Homeless Services Community Forums for the
community. City Net, Be Well OC, and Share Our Selves presented
overviews of their services, resources, and outreach and engagement
activities. The programs are available in the NBTV archives for viewing.
Significant Residential Development Projects with Affordable Units
The City has significant projects on sites identified as underutilized with activity
during the Reporting Period:
• 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
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City of Newport Beach General Plan 2022 Annual Progress Report
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 1 B. The Site Development Review application was
approved by the Community Development Director in July 2022 and was in
plan check in early 2023.
• 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 mid-2023.
• 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 which is anticipated
in 2023.
• 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. Building permit plan check is
anticipated mid-2023.
• Newport Village Mixed Use — Redevelopment of underutilized commercial
sites for a new mix -use development including 17 residential condominiums
and 181 Apartments (including 9 very -low-income units) on the North and
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South sides of West Coast Highway. The SB330 preliminary application for
the redesigned project was deemed complete in March 2022. The project
was submitted in August 2022 and deemed complete in September 2022.
The EIR and Traffic study kickoff meeting was scheduled in early 2023.
• 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 received
entitlement approvals in March 2022 and submitted for plan check in December
2022.
• Residences at 1600 Dove Street — Preliminary application in December
2022, the project includes 249 units including 50 affordable units (25 low-
income and 25 very -low-income). Deemed incomplete and CEQA RFP
underway at the end of 2022. Additional materials provided January 2023.
• 1401 Quail Street Podium (Intracorp) — Preliminary application resubmitted
in October 2022 and deemed complete in November 2022. The project
includes 78 units including 16 low -income -units.
• 1500 Quail Street (Lincoln) — Preliminary application submitted in early
November 2022 and deemed incomplete at the end of November 2022 for
465 apartment units including 47 very -low-income units.
• Housing at 1400 Bristol (Picerne) — Preliminary application deemed
incomplete then incomplete formal application submitted in December
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City of Newport Beach General Plan 2022 Annual Progress Report
2022, complete application received the end of 2022. RFP for CEQA sent
to consultants and staff reviewing in beginning of 2023. The project includes
229 apartment units including 46 affordable units (23 very -low-income and
23 low-income).
Policy Actions 1A-1G: Focus Area Amendments for Housing Implementation
Immediately after the 6t" Cycle Housing Element's adoption in September 2022,
the City began to review the General Plan for consistency with the implementation
of the housing strategy. This predominantly included analyzing the General Plan
Land Use Element, drafting overlay zoning text for various focus areas, and
creating objective design standards. The goal is to rezone the housing opportunity
sites appropriately for housing development. The City is working with the General
Plan Update Steering Committee and the General Plan Advisory Committee on
this effort to ensure a transparent process that is representative of the community's
input. The City is on schedule to have the Land Use Element updated and Zoning
Overlays adopted by the end of 2023. These actions will be subject to a successful
vote of the electorate pursuant to Charter Section 423 planned for March 5, 2024.
Policy Actions 1H, 11, and 1J: Accessory Dwelling Units
In 2022, the City pursued two separate efforts related to revising the City's
regulations pertaining to accessory dwelling units and incentivizing their
development:
Code Amendment Related to State Law Updates and Additional
Incentives: Over the past two years, the City has been 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, the Planning
Commission formed an Ad -Hoc Committee to evaluate potential code
amendments related to encouraging new accessory dwelling unit (ADU)
development within the City. The Ad -Hoc Committee met a total of five times
and developed recommendations that were shared with the Planning
Commission at a study session on July 7, 2022; however, due to new ADU
legislation that was pending, the Planning Commission directed staff to
delay the amendments, monitor the pending legislation, and incorporate
any necessary code revisions needed to comply with new legislation. In
September of 2022, the Legislature approved, and the Governor signed, SB
897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes
of 2021) into law that amended Government Code Sections 65852.2 and
65852.22 to impose new limits on the City's ability to regulate ADUs and
JADUs. On January 5, 2023, the Planning Commission considered the
proposed amendments incorporating Ad -Hoc Committee recommendations
and State Law updates, and recommended their adoption to the City
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Council. On January 24, 2023, the City adopted the proposed code
changes.
• Website Enhancements: In August of 2022, the Community Development
Department launched a new website featuring Newport Beach ADU; an
outreach program designed to assist homeowners interested in
constructing an Accessory Dwelling Unit (ADU) on their property. The
website informs property owners and the development community of the
benefits of ADUs, promotes City incentives, and streamlines the
development process. The website includes resources to help the
homeowner understand the different types of ADUs by providing links to
development standards and processes. External resources are available for
potential finance and grant opportunities for homeowners. Users can look
up their property attributes including zoning and approximate lot size. An
interactive mapping application is also included for residents to see the
ADUs that are being constructed in their neighborhoods. In Spring of 2023,
the City will update the website with more exciting resources including
downloadable guidebooks, interactive activities and exercises to help you
plan your ADU, an online calculator to estimate costs, and standard plans.
The Newport Beach ADU website can be reached at
https://www.newportbeachca.gov/adu
• Pre -Approved ADU Plans: In 2022, the City engaged a consultant to
design and develop permit ready ADU plans that would be available to the
public at no charge. Pre -approved plans provide a substantial cost savings
($15k to $30k) for property owners by eliminating the need to hire a design
professional to prepare custom set of architectural and structural plans.
They also reduce the permit review process since the plans have been pre -
reviewed and approved for building code compliance. The plans are
currently under preparation and are anticipated to be ready for use at the
beginning of 2023. The City intended to over plans for two separate types
of studio design, one one -bedroom designs, and garage conversion plans.
• ADU Permit and Plan Check Fee Waiver: On November 29, 2022, the
City Council extended a pilot program to temporarily waive City plan check
review fees, building construction permit review fees, and other City permit
fees directly related to a project creating an ADU or a JADU. The fee waiver
extension will run through the end of 2024 and will complement other new
City programs intended to promote and facilitate ADU development,
including website enhancements and pre -approved plans.
In 2022, 59 ADUs were submitted for review. There were 71 ADUs that received
building permits and final inspections, resulting in a net increase in new units. A
significant contribution was the 20 ADUs that were finaled at the existing 880 Irvine
Apartments. The project converted existing mail rooms, utility rooms, and offices
into ADUs. Additionally, 10 more ADUs at the 880 Irvine Apartments were received
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City of Newport Beach General Plan 2022 Annual Progress Report
permits in 2022. All ADUs, including the 30 at the 880 Irvine Apartments, that
received permits in 2021 and 2022 will be counted towards the new 6'" Cycle
RHNA.
Policy Action 6113: Repair Loans and Grant Programs for Seniors, Persons
with Physical and Developmental Disabilities and Lower -Income Households
The City's Senior Housing Assistance Repair Program (SHARP) continues to
successfully assist low-income seniors. In 2022, Habitat for Humanity and OASIS
staff worked on one new project and expended a total of $30,153.38. The project
included accessibility modifications as well as the replacement of a non -working
heater and several essential appliances. To date, the program has used $205,573
for a total of 13 projects.
Table E Summary — Commercial Development Bonus Approved Pursuant to
Government Code Section 65915.7
This table does not apply for this Reporting Period 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 for this Reporting Period because the City did not approve any
eligible projects in 2022.
Table F2 Summary — Above Moderate Income Units Converted to Moderate Income
Pursuant to Government Code Section 65400.2
This table does not apply for this Reporting Period because the City did not approve any
eligible projects in 2022.
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 54230
This table does not apply for this Reporting Period because the City has not had any
relevant activitiesin 2022.
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
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This table does not apply for this Reporting Period because the City has not had any
relevant activitiesin 2022.
Table I Summary — Units Constructed Pursuant to Government Code Section
65852.21 and Applications for Lot Splits Pursuant to Government Code Section
66411.7 (SB9)
This table does not apply for this Reporting Period because the City did not approve any
eligible projects in 2022.
Table J Summary — Student Housing Development for Lower Income Students for
which was Granted a Density Bonus Pursuant to Subparagraph (F) of Paragraph
(1) of Subdivision (b) of Section 65915
This table does not apply for this Reporting Period because the City did not approve any
eligible projects in 2022.
5. General Plan compliance with OPR's General Plan
Guidelines
Newport Beach General Plan Implementation Program 1.3 provides that the annual
progress report must specify the degree to which the General Plan complies with the
General Plan Guidelines published by the Governor's Office of Planning and Research
(OPR) and the date of its last revision. The Newport Beach General Plan was last
comprehensively updated in 2006. It has since been amended 48 times, including three
major Housing Element updates (2007, 2014, and 2022). 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 statutory deadline for
Housing Element Update adoption. On September 13, 2022, tcertifihe City Council re-
adopted the 6t" Cycle Housing Element. On October 5, 2022, the State Department of
Housing and Community Development (HCD) determined the re -adopted Housing
Element is statutorily compliant, including programs that affirmatively further fair housing.
On October 25, 2022, the City Council also adopted an update to the Circulation Element
mostly to refresh policy language for compliance with state law. This included addressing
vehicle miles traveled (VMT) and complete streets. The City intends to begin working with
the community to update the balance of the General Plan in late 2022 and beyond.
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City of Newport Beach General Plan 2022 Annual Progress Report
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) maintains some
pertinence and outlines each shortcoming in more detail:
• 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., Environmental Justice policy considerations will be
included in the updated elements, as appropriate.
6. Established priorities for land use decision -making
for 2022.
In 2022, priorities on amendments and policies included the following and the status of
each can be found in the referenced Implementation Programs in Appendix A:
Title 20 (Zoning Code) Update Related to State Mandates (Implementation Program
8.2)
The City continues to closely monitor changes in state legislation and strives to keep the
Newport Beach Municipal Code up to date. Specifically in 2022, the City updated Title 20
to include sections pertinent to density bonus and implementation of Senate Bill 9 (SB 9).
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)
Using funds from the CA State Vessel Turn In Program (VTIP) and Surrendered or
Abandoned Vessels (SAVE) grant programs, 5 unwanted, abandoned, unsafe and
unsightly vessels were removed from Newport Harbor. Code enforcement efforts
continued to be a significant focus in the calendar year 2022 and specifically netted the
following:
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• Significant increase in calls for service and the number of closed Code Enforcement
cases. A near -record number of 1,111 harbor -related code enforcement cases were
closed in calendar 2022
• Roll -out of the new and expanded Marine Activities Permit (MAP) and Small Harbor
Operator (SHOR) permit programs. A record 49 MAPs and SHORs were issued or
renewed in calendar 2022
• 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
implemented a plan to address and coordinated with Lifeguards and Police
Continued monitoring, testing and repair when necessary of the 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. Uptime
availability of the pump -out equipment was above 99%. The Bay Foundation inspectors
expressed appreciation and commendation for our efforts in keeping this important
equipment functioning.
Regulation and transfer of mooring permit applications and titles:
• The new mooring permit form rollout continued for all onshore and offshore
mooring permittees. The effort to connect with each and every 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. At the
end of calendar year 2022, 939 of the 991 total mooring permits had been fully
executed on the new form. Another 14 of the new permits are in process. Efforts
to connect with the remain permittees continues.
• A near -record number of moorings were transferred in calendar 2022. Total
permits transferred in 2022: 117
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.
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City of Newport Beach General Plan 2022 Annual Progress Report
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.
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, as well as an update to the Circulation Element.
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During the Reporting Period, the City continued to focus its efforts, which ultimately led
to City Council's initial adoption of the 6t" Cycle Housing Element update on February 8,
2022. After several reviews and revisions with HCD, the City Council re -adopted a
refreshed 6t" Cycle Housing Element on September 13, 2022. The update is a
comprehensive statement of the City's housing policies and serves as a guide for the
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).
On October 5, 2022, HCD determined the City's 6t" Cycle Housing Element is in full
statutory compliance.
On October 25, 2022, the City Council adopted an updated Circulation Element that
included several refreshed policies that are compliant with state law. For example, the
updated Circulation Element contains policies related to complete streets and vehicle
miles traveled. The policies were reviewed by the community through extensive outreach
and remain consistent with the community's vision.
Simultaneous with the efforts to update the Housing Element and Circulation Element,
the General Plan Update Steering Committee (GPUSC) began meeting in July 2022 to
restart the comprehensive update efforts. In November 2022, the City Council appointed
a 30-member General Plan Advisory Committee (GPAC) to help represent the community
and guide potential policy changes.
Outside of the reporting period in 2023, the GPAC met twice to form subcommittees for
reviewing the remainder of the General Plan elements.
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.
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APPENDIX A. General Plan Implementation Program Status
Programs
iStatus
1.1
Ensure that Private
Ongoing
Development and
Capital
1. All private development projects require consistency with the General Plan. Consistency is ensured through the
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 2022, the City Council confirmed that the Fiscal Year 2022-23 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. As discussed in Section 5 of this report, the
Visions
City embarked on a comprehensive update of the General Plan in 2019, but pivoted in 2020 to focus on preparing the
6th Cycle Housing Element update, as well as an update to the Circulation Element.
During the 2022 reporting period, the City continued to focus its efforts, which ultimately led to City Council's initial
adoption of the 611 Cycle Housing Element update on February 8, 2022. After several reviews and revisions with HCD,
the City Council re -adopted a refreshed 6th Cycle Housing Element on September 13, 2022. The update is a
comprehensive statement of the City's housing policies and serves as a guide for the 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). On October 5,
2022, HCD formally determined the City's 6th Cycle Housing Element is in full statutory compliance.
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E
On October 25, 2022, the City Council adopted an updated Circulation Element that included several refreshed policies
that are fully compliant with state law. The policies were also reviewed by the community through extensive outreach
and are in tune with the community's vision.
At the same time as the efforts to finalize the updates to the Housing Element and Circulation Element, the General
Plan Update Steering Committee (GPUSC) began meeting in July 2022 to restart the comprehensive update efforts. In
November 2022, the City Council appointed a 30-member General Plan Advisory Committee (GPAC) to help represent
the community and guide potential policy changes.
Outside of the reporting period in 2023, the GPAC met twice to form subcommittees for reviewing the remainder of the
General Plan elements.
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.
1.3 Prepare Annual Ongoing — 2021 report completed and submitted; 2022 report pending
General Plan
Progress and The Annual Report for 2021 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 2022.
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 48 times, including three major
Housing Element updates (2007, 2014, and 2022). 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
statutory deadline for Housing Element Update adoption. On September 13, 2022, the City Council re -adopted the 6tn
Cycle Housing Element. On October 5, 2022, the State Department of Housing and Community Development (HCD)
determined the re -adopted Housing Element is statutorily compliant, including programs that affirmatively further fair
housing. On October 25, 2022, the City Council also adopted an update to the Circulation Element mostly to refresh
policy language for compliance with state law. This included addressing vehicle miles traveled (VMT) and complete
streets. The City intends to begin working with the community to update the balance of the General Plan in late 2022
and beyond.
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Programs �Status
2.1 Amend the Zoning Ongoing
Code for
Consistency with A Comprehensive Zoning Code Update, consistent with the 2006 General Plan, was adopted by City Council in
the General Plan October 2010. The City is currently in the process of updating its Land Use Element and Zoning Code to include by -
right zoning for housing consistent with Appendix B of the certified 6t" Cycle Housing Element for 2021-2029.
3.1 Preparation of New Not Applicable in 2022
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.
7-29
n
4.1 1 New "Planned I Ongoing
Community"
Development Plans The City adopted one new Planned Community Development Plan in the previous reporting period (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. Plan check anticipated mid-2023.
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. CEQA litigation is currently in appeals.
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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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
Complete and Ongoing
and Construction
Code for
The City of Newport Beach has adopted, with some local amendments, the 2022 edition of the building codes in late
Consistency with
2022. The adopted 2022 code became effective January 1, 2023.
General Plan
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
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
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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
protection, and impacts on the public, waterfront owners/lessees, and adjoining properties;
• Using funds from the CA State Vessel Turn In Program (VTIP) and Surrendered or Abandoned Vessels (SAVE)
grant programs, 5 unwanted, abandoned, unsafe and unsightly vessels were removed from Newport Harbor.
• Code enforcement efforts continued to be a significant focus in the calendar year 2022 and specifically netted
a. Significant increase in calls for service and the number of closed Code Enforcement cases. A near -record
number of 1,111 harbor -related code enforcement cases were closed in calendar 2022.
b. Roll -out of the new and expanded Marine Activities Permit (MAP) and Small Harbor Operator (SHOR)
permit programs. A record 49 MAPs and SHORs were issued or renewed in calendar 2022
c. 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 implemented a plan to address and coordinated with Lifeguards and Police.
• Continued monitoring, testing and repair when necessary of the 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.
Uptime availability of the pump -out equipment was above 99%. The Bay Foundation inspectors expressed
appreciation and commendation for our efforts in keeping this important equipment functioning.
B) Regulation and transfer of mooring permit applications and titles — Managed by the City's Harbormaster's Office on
an ongoing basis.
The new mooring permit form rollout continued for all onshore and offshore mooring permittees. The effort to
connect with each and every 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. At the end of calendar year 2022, 939 of the 991 total mooring permits had been
fully executed on the new form. Another 14 of the new permits are in process. Efforts to connect with the
remain permittees continues.
A near -record number of moorings were transferred in calendar 2022. Total permits transferred in 2022: 117
C) Standards for the design and siting of bulkheads, pier, and similar structures to address their potential visual
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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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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
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Section 65852.2. The ordinances expanded opportunities in the City for the conversion and construction of new
Accessory Dwelling Units (ADUs) to any residential lot with existing or proposed single -unit development.
In 2019, the California Legislature adopted another group of housing bills aimed at addressing the housing crisis. The
Legislature approved, and the Governor signed SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes
of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code
sections 65852.2 and 65852.22 to further impose new limits on the City's ability to regulate ADUs and Junior
Accessory Dwelling Units (JADUs). On, March 10, 2020, the City adopted Ordinance No. 2020-9, amending Newport
Beach Municipal Code (NBMC) Title 20 to conform with revisions to Government Code Sections 65852.2 and
65852.22. In addition, on April 10, 2020, staff submitted amendments to NBMC Title 21 (Implementation Plan of the
Local Coastal Program) to the California Coastal Commission incorporating the revised ADU regulations. During this
reporting period, the City continued to pursue amendments to Title 21 with the California Coastal Commission.
In 2022, the City pursued several efforts related to revising the City's regulations pertaining to accessory dwelling units
and incentivizing their development:
Code Amendment Related to State Law Updates and Additional Incentives: Over the past two years, the City
has been 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,
the Planning Commission formed an Ad -Hoc Committee to evaluate potential code amendments related to
encouraging new accessory dwelling unit (ADU) development within the City. The Ad -Hoc Committee met a
total of five times and developed recommendations that were shared with the Planning Commission at a study
session on July 7, 2022; however, due to new ADU legislation that was pending, the Planning Commission
directed staff to delay the amendments, monitor the pending legislation, and incorporate any necessary code
revisions needed to comply with new legislation. In September of 2022, the Legislature approved, and the
Governor signed, SB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 2021) into
law that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on the City's ability
to regulate ADUs and JADUs. On January 5, 2023, the Planning Commission considered the proposed
amendments incorporating Ad -Hoc Committee recommendations and State Law updates, and recommended
their adoption to the City Council. On January 24, 2023, the City adopted the proposed code changes.
• Website Enhancements: In August of 2022, the Community Development Department launched a new website
featuring Newport Beach ADU; an outreach program designed to assist homeowners interested in constructing
an Accessory Dwelling Unit (ADU) on their property. The website informs property owners and the development
community of the benefits of ADUs, promotes City incentives, and streamlines the development process. The
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website includes resources to help the homeowner understand the different types of ADUs by providing links to
development standards and processes. External resources are available for potential finance and grant
opportunities for homeowners. Users can look up their property attributes including zoning and approximate lot
size. An interactive mapping application is also included for residents to see the ADUs that are being
constructed in their neighborhoods. In Spring of 2023, the City will update the website with more exciting
resources including downloadable guidebooks, interactive activities and exercises to help you plan your ADU,
an online calculator to estimate costs, and standard plans. The Newport Beach ADU website can be reached at
https://www.newportbeachca.gov/adu
Pre -Approved ADU Plans: In 2022, the City engaged a consultant to design and develop permit ready ADU
plans that would be available to the public at no charge. Pre -approved plans provide a substantial cost savings
($15k to $30k) for property owners by eliminating the need to hire a design professional to prepare custom set
of architectural and structural plans. They also reduce the permit review process since the plans have been pre -
reviewed and approved for building code compliance. The plans are currently under preparation and are
anticipated to be ready for use at the beginning of 2023. The City intended to over plans for two separate types
of studio design, one one -bedroom designs, and garage conversion plans.
ADU Permit and Plan Check Fee Waiver: On November 29, 2022, the City Council extended a pilot program to
temporarily waive City plan check review fees, building construction permit review fees, and other City permit
fees directly related to a project creating an ADU or a JADU. The fee waiver extension will run through the end
of 2024 and will complement other new City programs intended to promote and facilitate ADU development,
including website enhancements and pre -approved plans.
E) The City continues to closely monitor changes in state legislation and strives to keep the Newport Beach Municipal
Code up to date. Specifically in 2022, the City updated Title 20 to include sections pertinent to density bonus and
implementation of Senate Bill 9 (SB 9).
9.1 Review City Council Ongoing
Policy Manual for
Consistency with In 2022, the following City Council Policies were reviewed and amended: F-2, F-28, A-2, B-9, F-14.
the General Plan
10.1 Maintain Up -to -Date Ongoing
Comprehensive
Database The City's Geographical Information System (GIS) data is updated regularly to provide up-to-date parcel -specific
(Data such as built information including specific lot information (agreements), planning (zoning, land entitlements, building, code
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21and
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
Land Use Element policies LU4.3 (Transfer of Development Rights) and LU6.14.3 (Transfers of Development Rights —
Newport Center) allow development rights (e.g. square footage) to be transferred in certain circumstances without an
amendment to the General Plan. The policies are implemented by Chapter 20.46 (Transfer of Development Rights) of
the Newport Beach Municipal Code and the North Newport Center Planned Community Development Plan.The transfer
of development tables are located at the following webpage:
https://www.newportbeachca.qov/developmenttransfertables
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12
Programs
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.No annexations were considered during the reporting period.
Annexations
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).
The first meeting for the site development review is scheduled for February 2023.
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,
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Huntington Beach, In February 2022, the Be Well Mobile Crisis Team launched in the City of Newport Beach. The team operates
and Costa Mesa) seven days a week for 12 hours per shift. The Be Well team responded to mental, behavioral, and substance
use crises throughout the city. The team proactively engages with the unhoused population to provide
resources, shelter placements, and basic First Aid. Be Well provided 2,543 contacts with residents, visitors, and
unhoused people. Be Well transported people 272 times to social service, medical, and other essential
appointments, or intakes. Of the 272 transports, 46 were for shelter intake appointments, 35 to crisis
stabilization units for treatment, and 10 to the Be Well campus sobering station for treatment. The Be Well team
also reunified five people with their families.
• The homeless outreach and engagement team permanently housed 14 people from the street to housing.
Another person was placed into an assisted living facility.
• Nine people were placed in HB Oasis in Huntington Beach. HB Oasis is a new non -congregate transitional
housing facility. HB Oasis is an older motel converted into transitional housing through the state's Project
Homekey initiative. Two of the nine people now reside in permanent supportive housing.
• The Costa Mesa Bridge Shelter permanently housed seven people and reunited two people with their families.
In 2022, shelter guests spent 4,367 nights at the Costa Mesa Bridge Shelter.
• In 2022, City Net, the City's social services contractor, placed 20 people into shelters. They provided 723
contacts with the unhoused population in Newport Beach.
• 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. The CIT completed 111 projects in 2022.
The City hosted three Homeless Services Community Forums for the community. City Net, Be Well OC, and
Share Our Selves presented overviews of their services, resources, and outreach and engagement activities.
The programs are available in the NBTV archives for viewing.
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14
Programs
14.2
Coordinate with
�Status
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 JAC), 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 2022 General Plan Annual Progress Report, including the Housing Element Report, will be sent to HCD in April
Community
2023.
Development
(HCD)
14.6
Coordinate with
Ongoing
California Coastal
Commission
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 was completed early 2022.
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Big Canyon Restoration - Phase 3 (formerly 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. A design consultant has been selected and design was completed
in 2022. Proposed project start: April 15, 2023. Substantially complete, December 1, 2023. The City has agreed
to be CEQA lead.
• 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 2022:
o 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.
After several years of coordination, the Coastal Commission approved the LCP Amendment on October
12, 2022, with suggested modifications. The City Council adopted accepted the suggested modifications
and adopted the ordinance on December 8, 2022.
o On December 9, 2022, the City submitted a new three-part LCP Amendment to the Coastal Commission
for their review and approval. The three parts include: Part A) Request to amend the Implementation
Plan (IP) of the City's certified Local Coastal Program to incorporate standards and establish an
approval process for considering density bonuses with housing development projects. These
amendments are required to ensure the City's regulations are in compliance with State law; Part B)
Amend development limit to increase the maximum gross floor area allowed on the Lido House Hotel
site from 103,470 square feet to 118,573 square feet and delete references to fire station; and Part C)
Clarifying development allowances for residential uses that are nonconforming due to density and
reinstating a side setback allowance for properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000,
and the RM-6,000 zoning and coastal zoning districts. Hearings are anticipated in Fall of 2023.
o On July 14, 2022, the City resubmitted the Western Snowy Plover (WSP) Plan to manage City activities
within Federally designated Critical Habitat area on the Balboa Peninsula. The application was deemed
complete by the Coastal Commission staff on August 15, 2022, and a hearing is anticipated in April of
2023.
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72
o On October 14, 2022, the Coastal Commission approved a coastal development permit authorizing the
City's Newport Confined Aquatic Disposal (CAD) project associated with dredging of the harbor.
o On March 9, 2022, the Coastal Commission approved a coastal development permit allowing the City to
construct a permanent Junior Lifeguard facility near the Balboa Pier.
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.
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 2022 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 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 and U.S. Fish and Wildlife Service on
the Western Snowy Plover Management Plan to establish a set of programs and management practices to protect
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17
Programs
�Status
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 Marina, California Department of Fish and Wildlife and California Coastal Commission 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 for Title I fifth grade students. In the Fall, 336 students attended during the 10
week program.
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 provided Caltrans review comments and public outreach support on completed and planned Newport
Boulevard (SR 55) and Coast Highway (SR 1) Capital Improvement Projects.
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 four Rule 20B Utility Underground Assessment Districts in the past five years, upon a positive resident vote:
one adjacent to the Balboa Boulevard Rule 20A project (AD-11), and a 2018 approved district for the west side of
Balboa Island (AD-113), and two districts approved in 2021 for the remaining portions of Balboa Island (AD-124) and a
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small area on Santa Ana Avenue near Cliff Drive (AD-120-2). All these assessment districts are in various stages of
completion. AD-111 on the Balboa Peninsula will be completed in 2023. The remaining three will be completed in
future years. Staff also continues to work with other resident groups in Balboa Peninsula and Corona del Mar for
possible other Rule 20B projects, though activity has somewhat slowed.
14.12
Coordinate with
Ongoing
United States Army
Corps of Engineers
1. Public Works staff continues to strategize and coordinate with the Corps on the next phase of dredging the
("Corps")
Lower Bay to the federally authorized and approved depths. The City completed all of the pre -project planning
including sediment testing/approval, design, engineering, environmental review and permitting (with Corps
input). Funding is secured and construction is scheduled to begin in the spring of 2023.
2. 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 was completed in early 2022.
3. 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 design was completed in 2022. Proposed project start: April 15, 2023. Substantially complete, December 1,
2023. The City has agreed to be CEQA lead.
4. 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 design is complete. Construction start date: September 2023. The
project is anticipated to be substantially complete by September 30, 2024.
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
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concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board and California Department of
Fish and Wildlife. Phase 2A was completed in early 2022. For Phase 3 - A design consultant has been selected and
design was completed in 2022. Proposed project start: April 15, 2023. Substantially complete, December 1, 2023. The
City has agreed to be CEQA lead.
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
Complete
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
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• 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
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. Required permits have been procured from both the California Coastal Commission and Caltrans. City Council
awarded the construction contract in November 2022 and construction is scheduled to start in January 2023.
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.
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Programs
16.3
Construct Street
�Status
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 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.
16.5
Maintain
Ongoing
Consistency with
Regional
The City monitors the regional Arterial Program, OCTA's Master Plan of Arterial Highways, and the Countywide traffic
Jurisdictions
model to ensure consistency. Public Works staff coordinates with regional jurisdictions on an as -needed basis.
(Ca/trans and
Orange County to
provide adequate
roadway
infrastructure plans
and design
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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 Dover Shores and Mariners neighborhoods to reduce vehicle speeds within the community.
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 seal signal program.
16.7
Traffic Control
Ongoing
The following projects were implemented to improve traffic congestion through conventional and innovative methods of
traffic control:
1. The Annual Traffic Signal Rehabilitation Program will rehabilitate traffic signals within Newport Coast and along the
Balboa Peninsula.
2. The Public Works Department maintains the traffic signal system through an ongoing Traffic Signal Maintenance
agreement with a contractor that specializes in traffic signal maintenance.
3. Roadway signage and striping is maintained on as needed by the City's Municipal Operations Division of the Public
Works Department. Large-scale signage and striping is maintenance/replacement is accomplished through the
Capital Improvement Program.
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
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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.
Since 2018, the City has operated a shuttle service on the Balboa Peninsula during the summer with OCTA grant
funding. The free trolley service generally runs 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
continued in 2022.
16.9 Manage Truck Ongoing
Operations
Trucks are required to obtain a Haul Route Permit through the Public Works Department and are required to use
designated haul routes.
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16.10 1 Improve Parking I 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 submitted 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 2023.
16.11 1 Maintain Trails I Ongoing
The City continues to maintain existing bike paths and trails that are within the City's jurisdiction. The City continues to
review and expand bicycle facilities during roadway reconstruction projects.
16.12 Marine Complete
Transportation
The City's Harbor Commission studied the feasibility of a water taxi in the harbor. A fixed route and an on -demand
system were examined. Constraints include providing appropriate accessible locations to pick-up and drop-off
passengers in a safe manner. Due to the size of the harbor, number of vessels, and cost, the fixed route model was
deemed infeasible. The on -demand system was deemed infeasible due to low demand for the service. Either way, a
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25
public significant subsidy was identified and there was no funding source. As a result, further study of a water
transportation service was abandoned.
and I 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.
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.
One component to achieving water use standards and minimize water loss, the City has made large investments in
installing automated metering Infrastructure [ AMI metering]. This enables both the City and its customers to track their
water usage in hourly increments. Armed with this information leaks are detected quickly, and customers are informed
of how they use water. To complete the use of this information. The City has created Aquatrax web portal allowing
each customer to visualize their respective water use and historical trends.
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.
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Programs
• 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
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. Newport Bay Trash Interceptor— design completed
2. Big Canyon Project Phase 3A— design and permitting completed
3. Balboa Island Storm drain Improvements — Design and Permitting Underway
4. Street sweeping program consisted of 35,248 curb miles swept, removing 3,974 tons (dry) of debris.
5. The City's 86 tidal valves are operated/maintained on a regular basis.
6. Two and a half miles of channel and 3,268 catch basins were cleaned, yielding 326 tons of debris. A total of
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435 Inlet Guards were re -installed after the winter season to assist in keeping trash/debris from entering the
storm drain system/bay/ocean.
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 began in early 2022 and was
completed in October 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 completed Summer 2022.
Newport Blvd 16' street and coast highway median landscaping and slope landscaping parkway right-of-way along
Newport Blvd from Industrial to Coast Highway:
• Meeting with landscape architect and surveyor.
• Meeting with City parks staff.
• Fall of 2022 base maps and concept plans approved.
• Completion of plans anticipated Spring 2023 with anticipated construction in Fall 2023.
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20.2
Design, Fund, and
�Status
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.
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
2022.
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
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Programs
�Status
was not needed at this time. A new study may be prioritized in the future based on needs and funding.
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. Capital improvement plans for
approved include:
1. Update Arroyo Park athletic fields to synthetic turf and upgrade athletic field lights to LEDs.
2. Conduct condition assessment and inventory of existing park assets to support a Parks Maintenance Master
Plan.
23.2
Maintain and
Ongoing
Improve Parks and
Recreation
In 2022, the following accomplishments were achieved:
Facilities
1. Ongoing maintenance of existing facilities;
2. Renovation of Cliff Drive Community Center - construction complete;
3. Civic Center Dog Park improvements- construction complete;
4. Playground renovation at Bonita Creek Park- construction complete
5. Design for Newport Beach Junior Guard building and community center complete; Construction started and
scheduled to be completed in 2023
6. Design for playground renovations at West Newport Park (58th Street and Orange Street) and Peninsula Park
complete; Construction scheduled for 2023
7. Installation of human lift at Marina Park public docks for boating accessibility
8. Resurfaced sports courts at Grant Howald Park basketball and tennis court resurfaced; and
9. Site plan for pickleball courts at Newport Ridge Park completed. Construction scheduled for 2023
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23.3
Assess Recreation
Ongoing
Needs
The Recreation and Senior Services Department continuously analyzes enrollment numbers in existing recreation
programs and periodically initiates community surveys to assess the current needs of the community.
23.4
Maintain Recreation
Ongoing
Programs for
Newport Beach's
The Recreation and Senior Services Department provides recreation programs citywide. The Newport Navigator is a
Residents
recreation guide for all recreation programs and services provided by the City. The Newport Navigator is produced
quarterly in addition to a summer issue. The Parks, Beaches, and Recreation Commission (PB&R) acts in an advisory
capacity to City Council for all matters pertaining to parks, beaches, recreation, parkways, and street trees. The
following are Commission highlights from 2022:
1. Staircase Replacement at Bayview Park
2. Tree Dedication to Laura Detweiler for her years of service
3. Review of Ad Hoc Sub -Committee Recommendations for Replacement of Balboa Island Teak Wood Benches
4. Big Canyon Habitat Restoration — Phase 3
5. 11 Tree Reforestations Requested
6. Newport Mesa Soccer Light Request
7. Presentations - Youth and Adult Sports, Marina Park Community and Sailing Center Presentation, OASIS
Social Services Programs, OASIS Classes and Programs
8. Review of Council Policy G-1 Notification Procedures
9. Summary of Current Tree City USA Signage
10. Elections — Hassan Archer, Chair & Kate Malouf, Vice Chair.
11. Ad Hoc Committee Appointments: Community Service Award Reappoint Hassan Archer, Heather Ignatin,
Diane Daruty; Youth Sports Commission Member Organization Reappoint Keira Kirby, Laird Hayes, Kate
Malouf; Newport Ridge Pickleball- Sunset; Balboa Island Benches — Sunset; Ocean Blvd Reappoint
Hassan Archer, Laird Hayes, Keira Kirby; Updating City Council Policy G-1 Heather Ignatin, Diane Daruty
and 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,
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Programs
�Status
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.
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.
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Programs
28.1
Maintain Hazards
Data Base
Ongoing
The Police Department maintains a crime statistics database to keep track of the type and occurrence of criminal
activities. The Fire Department relies on the Disaster Preparedness Division under the City's Emergency Management
Program (see Program 28.2 and 29.1) for the planning of facilities, personnel assignments, and emergency response
programs as related to natural hazards. Additionally, the City maintains hazard information in its Geographic
Information System (GIS).
28.2
Maintain
Ongoing
Emergency
Preparedness,
The COVID-19 pandemic continued throughout 2022 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
Staff continued to work on the Amplify Oil Spill reimbursement claim that impacted many Orange County coastal cities
in October of 2021.
In November, the City Council approved the updated City of Newport Beach Emergency Operations Plan (EOP). The
plan replaced an outdated version with many new concepts, lessons learned from recent disasters and new federal
and state terminology.
In December of 2022, an active shooter exercise was held in the City's Emergency Operations Center (EOC). With the
recent rise of ASI events nation-wide, the drill provided a good forum for EOC staff to strategize and discuss policies
and procedures that would assist during an ASI event.
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. Significant events include:
• Emergency Siren System Test (1/7/22)
• Emergency Siren System Test (2/4/22)
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Programs �Status
• Emergency Siren System Test (3/4/22)
• Emergency Siren System Test (4/1/22)
• Emergency Siren System Test (5/6/22)
• Emergency Siren System Test (6/3/22)
• Emergency Siren System Test (7/1/22)
• Emergency Siren System Test (8/5/22)
• Emergency Siren System Test (9/2/22)
• Emergency Siren System Test (10/7/22)
• Emergency Siren System Test (11/4/22)
• Emergency Siren System Test (12/2/22)
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 2022 Arts and Culture Update:
Concerts on the Green
Five concerts were held the summer of 2022 with an average attendance of 3,000 residents and guests. Concerts
took place in Civic Center Park.
Concert at Marina Park
In October, over 400 residents and guests attended the annual Concert at Marina Park.
Exhibits in the Central Library
The City Arts Commission maintains exhibit space at the Central Library. The City Arts Commission's Art in Public
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Spaces Ad Hoc Subcommittee meets periodically to review artist's submissions for exhibition in the Central Library
Lobby Gallery. Upon acceptance, exhibiting artists must agree to the conditions and requirements detailed in the
City Council Policy 1-11. Artists are booked to exhibit in the gallery space through 2023.
Newport Beach Art Exhibition
In 2022, the 56t" Annual Newport Beach Art Exhibition was postponed because of a decrease in artist submissions
emerging from the COVID-19 pandemic. The event is now set to take place on Saturday, June 24, 2023 on the
Civic Center Green and in the Community Room.
Newport Beach Arts Foundation
The Newport Beach Arts Foundation, a private non-profit 501 (c) (3) organization, has been dedicated to supporting
cultural arts activities of the Newport Beach City Arts Commission. Their annual Art in the Park fine arts and
artisans fair took place in October 2022.
Cultural Arts Grants
In 2022, arts organizations were awarded a total of $30,000 of grant funding for the use of expanding arts programs
to the local community.
Sculpture Exhibition in Civic Center Park
In June 2022, the City Arts Commission completed Phase VII of the Sculpture Exhibition in Civic Center Park. The
Commission is currently planning Phase VIII of the exhibition.
Student Art Exhibition
The Newport Beach Student Art Exhibition opened to students grades pre-K through 12 during the fall of 2022.
Accepted artwork was displayed at the Central Library in January 2023 and an awards ceremony for contest
winners was held during the City Arts Commission's January 2023 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 6t" Cycle Regional Housing
Needs Assessment (RHNA) allocation.
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Programs
30.1
Maintain Annual
Budgets for City
Services and
Improvements
Ongoing
Annual budgets are maintained and reviewed by the City Council annually. A Capital Improvement Plan (CIP) is
included in the annual budget approved by City Council each year. In June 2021, the City Council approved the budget
and CIP for the Fiscal Year 2021-22. In June 2022, the City Council approved the budget for the Fiscal Year 2022-23.
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-
2. Park dedication fees are assessed on a project -by -project basis pursuant to the Subdivision Code. Last adjusted in
Lieu Fees, and
2007, Resolution No. 2020-95 approved by City Council on November 10, 2020, adjusts the park fees pursuant to
Tideland Revenue
an appraisal. The adjusted rate went into effect January 9, 2021 and will be phased -in over two years.
Fees)
3. Piers:
• Residential Piers: Rates are reviewed and adjusted annually by Consumer Price Index (CPI).
• Commercial Piers: Commercial rates are fully phased in and will be adjusted annually by CPI.
4. Moorings:
• Annually in January the fees for onshore and offshore moorings escalate based on the Consumer Price
Index. The new fees were implemented with the billing cycle beginning January 1, 2023
• Annually in calendar Q2 the services of the Harbor Department and associated fees are evaluated.
Recommendations for changes were approved by Council Action in June 2022 and became effective July 1,
2022.
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 2023.
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 - 2022 Housing Element Implementation Status Pursuant to Government
Code Section 65583
1A: Airport Environs
The City will establish a housing
UN
In Progress
Sub Area
opportunity overlay district, or similar
rezoning strategy, in the Airport
In late 2022, the City began working with a consultant and the
Environs area for 172 acres of land to
community to update the Land Use Element to support the
provide for the accommodation of at
adoption of an overlay zoning with objective design standards for
least 2,577 housing units in the Very
the housing opportunity sites in accordance with the
Low, Low, Moderate and Above
Implementation Actions of Subsection B in Section 4 (Housing
Moderate -income categories.
Plan) of the Housing Element.
18: West Newport
The City will establish a housing
In Progress
Mesa
opportunity overlay, or similar rezoning
strategy, in the West Newport Mesa
In late 2022, the City began working with a consultant and the
area for 47 acres of land to provide for
community to update the Land Use Element to support the
the accommodation of at least 1,107
adoption of an overlay zoning with objective design standards for
housing units in the Very Low, Low,
the housing opportunity sites in accordance with the
Moderate and Above Moderate-
Implementation Actions of Subsection B in Section 4 (Housing
income categories.
Plan) of the Housing Element.
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IC: Newport Center
The City will establish a housing
In Progress
opportunity overlay, or similar rezoning
strategy, in the Newport Center area
In late 2022, the City began working with a consultant and the
for 163 acres of land to provide for the
community to update the Land Use Element to support the
accommodation of at least 2,439
adoption of an overlay zoning with objective design standards for
housing units in the Very Low, Low,
the housing opportunity sites in accordance with the
Moderate and Above Moderate-
Implementation Actions of Subsection B in Section 4 (Housing
income categories.
Plan) of the Housing Element.
ID: Dover/Westcliff
The City will establish an overlay, or
In Progress
similar rezoning strategy, in the Dover
/ Westcliff area for 20 acres of land to
In late 2022, the City began working with a consultant and the
provide for the accommodation of at
community to update the Land Use Element to support the
least 521 housing units in the Very
adoption of an overlay zoning with objective design standards for
Low, Low, Moderate and Above
the housing opportunity sites in accordance with the
Moderate -income categories.
Implementation Actions of Subsection B in Section 4 (Housing
Plan) of the Housing Element.
1E: Banning Ranch
The City will continue to pursue
In Progress
residential opportunities on a portion of
the Banning Ranch site, consistent
In late 2022, the City began working with a consultant and the
with existing General Plan policies to
community to update the Land Use Element to support the
provide opportunities for up to 1,475
adoption of an overlay zoning with objective design standards for
residential units at an average density
the housing opportunity sites in accordance with the
of 50 dwelling units per acre.
Implementation Actions of Subsection B in Section 4 (Housing
Plan) of the Housing Element.
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1F: Coyote Canyon
The City will rezone at least 34 acres
In Progress
of land on the Coyote Canyon site, as
shown in Appendix B, to accommodate
In late 2022, the City began working with a consultant and the
up to 1,530 housing units at an
community to update the Land Use Element to support the
average density of 60 dwelling units
adoption of an overlay zoning with objective design standards for
per acre.
the housing opportunity sites in accordance with the
Implementation Actions of Subsection B in Section 4 (Housing
Plan) of the Housing Element.
1 G: 5th Cycle
To comply with State law, the City will
In Progress
Housing Element
amend Title 20 of the Newport Beach
Sites
Municipal Code (NBMC) to permit
In late 2022, the City began working with a consultant and the
residential uses by -right for housing
community to update the Land Use Element to support the
development projects in which at least
adoption of an overlay zoning with objective design standards for
20-percent of the units are affordable
the housing opportunity sites in accordance with the
to lower -income households.
Implementation Actions of Subsection B in Section 4 (Housing
Plan) of the Housing Element.
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1H: Accessory The City will aggressively support and
Dwelling Unit accommodate the construction of at
Construction least 240 ADUs by a variety of
methods.
0
In Progress
In 2022, the City pursued several efforts related to revising the
City's regulations pertaining to accessory dwelling units and
incentivizing their development:
Code Amendment Related to State Law Updates and
Additional Incentives: Over the past two years, the City has
been 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, the Planning
Commission formed an Ad -Hoc Committee to evaluate
potential code amendments related to encouraging new
accessory dwelling unit (ADU) development within the City.
The Ad -Hoc Committee met a total of five times and
developed recommendations that were shared with the
Planning Commission at a study session on July 7, 2022;
however, due to new ADU legislation that was pending, the
Planning Commission directed staff to delay the
amendments, monitor the pending legislation, and
incorporate any necessary code revisions needed to
comply with new legislation. In September of 2022, the
Legislature approved, and the Governor signed, SIB 897
(Chapter 6664, Statutes of 2021) and AB 2221 (Chapter
650, Statutes of 2021) into law that amended Government
Code Sections 65852.2 and 65852.22 to impose new limits
on the City's ability to regulate ADUs and JADUs. On
January 5, 2023, the Planning Commission considered the
proposed amendments incorporating Ad -Hoc Committee
recommendations and State Law updates, and
recommended their adoption to the City Council. On
January 24, 2023, the City adopted the proposed code
changes.
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• Website Enhancements: In August of 2022, the Community
Development Department launched a new website
featuring Newport Beach ADU; an outreach program
designed to assist homeowners interested in constructing
an Accessory Dwelling Unit (ADU) on their property. The
website informs property owners and the development
community of the benefits of ADUs, promotes City
incentives, and streamlines the development process. The
website includes resources to help the homeowner
understand the different types of ADUs by providing links to
development standards and processes. External resources
are available for potential finance and grant opportunities
for homeowners. Users can look up their property attributes
including zoning and approximate lot size. An interactive
mapping application is also included for residents to see the
ADUs that are being constructed in their neighborhoods. In
Spring of 2023, the City will update the website with more
exciting resources including downloadable guidebooks,
interactive activities and exercises to help you plan your
ADU, an online calculator to estimate costs, and standard
plans. The Newport Beach ADU website can be reached at
https://www.newportbeachca.gov/adu
Pre -Approved ADU Plans: In 2022, the City engaged a
consultant to design and develop permit ready ADU plans
that would be available to the public at no charge. Pre -
approved plans provide a substantial cost savings ($15k to
$30k) for property owners by eliminating the need to hire a
design professional to prepare custom set of architectural
and structural plans. They also reduce the permit review
process since the plans have been pre -reviewed and
approved for building code compliance. The plans are
currently under preparation and are anticipated to be ready
for use at the beginning of 2023. The City intended to over
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Action
Policy
plans for two separate types of studio design, one one -
bedroom designs, and garage conversion plans.
• ADU Permit and Plan Check Fee Waiver: On November 29,
2022, the City Council extended a pilot program to
temporarily waive City plan check review fees, building
construction permit review fees, and other City permit fees
directly related to a project creating an ADU or a JADU. The
fee waiver extension will run through the end of 2024 and
will complement other new City programs intended to
promote and facilitate ADU development, including website
enhancements and pre -approved plans.
11: Accessory
The City will annually monitor its
Ongoing
Dwelling Units
progress in permitting an average of 30
Monitoring Program
ADUs annually, for a total of 240 ADUs
In 2022, 59 ADUs were submitted for review. There were 71 ADUs
during the planning period, in
that received building permits and final inspections, resulting in a
conjunction with Annual Housing
net increase in new units. A significant contribution was the 20
Element Progress Report.
ADUs that were finaled at the existing 880 Irvine Apartments. The
project converted existing mail rooms, utility rooms, and offices into
ADUs. Additionally, 10 more ADUs at the 880 Irvine Apartments
were received permits in 2022. All ADUs, including the 30 at the
880 Irvine Apartments, that received permits in 2021 and 2022 will
be counted towards the new 6th Cycle RHNA.
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Policy Action
Policy
Status
1J: Accessory
The City will establish a program to
In Progress
Dwelling Units
allow owners with existing unpermitted
Amnesty Program
ADUs to obtain permits to legalize the
In 2022, the City engaged a consult to develop advertising
ADUs during the 2021-2029 planning
materials to educate homeowners on the benefits of legalizing
period.
unpermitted units and making them comply with code for life safety.
Staff is also investigating the possibility of establishing an amnesty
program offering dedicated assistance and incentives. Program
implementation and development of advertising material is
expected to be completed in Spring of 2023.
1K. Inclusionary
The City will investigate inclusionary
In Progress
Housing Policy
housing policy options as an additional
means to provide a variety of housing
In 2022, the City retained Keyser Marston Associates, Inc. to
types and opportunities for very low,
prepare a financial evaluation for prospective inclusionary housing
low- and moderate -income
program options in the City. The City Council has held study
households in Newport Beach.
sessions and is exploring the appropriate policy choice that will
encourage and not hinder affordable housing development.
2A: Neighborhood
The City will continue to improve
Ongoing
Preservation
housing quality and prevent
deterioration of existing
The building inspectors and code enforcement officers continually
neighborhoods by strictly enforcing
enforce code regulations, abatement violations, and nuisances. A
applicable Building Code, Fire Code,
quarterly report on code enforcement activities is available and
and Zoning Code regulations and
kept on file at the City. The City Council awarded funding for the
abating Code violations and
Senior Home Assistance Repair Program. (See Program 1.1.2 for
nuisances.
details.)
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2B: Residential
The City will maintain and continue to
Ongoing
Building Record
implement the Residential Building
Program
Records (RBR) program to reduce and
This City report allows the City to verify that its residential buildings
prevent violations of building and
meet zoning and building code requirements, life safety
zoning ordinances
requirements as set forth by the City's Municipal Code and fulfill the
State's requirement that all homes have both smoke detectors and
seismic strapping of water heaters (California Health and Safety
Code, Section 19211). In 2022, there were 1,184 RBRs processed.
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2C: Preservation of
The city will proactively seek to
Ongoing
At -Risk Units
preserve as many affordable units as
possible by reaching out to owners that
The City of Newport Beach is registered as a Qualified
want to opt out of Section 8 contracts
Preservation Entity with HCD as of 2012. When notification is
and work with them to incentivize
received, City staff will evaluate the potential use of monies to
keeping the units as affordable.
preserve the affordable units.
Staff maintains an updated contact list for affordable units. Priscila
Davila and Associates (consultant) included this information that
was sent to the owners as a part of the annual monitoring. During
the RFP process for the expenditure of the affordable housing
funds, the City and Priscila Davila and Associates, the City's
consultant, reached out to the owners of the existing affordable
housing units within the City and there was no interest to extend
the existing affordable housing covenants.
Pamphlets informing prospective tenants and landlords about the
Orange County Housing Authority (OCHA) Section 8 program have
been made available in the public lobby and information is posted
on the City website. Staff and consultant Priscila Davila and
Associates were able to coordinate meetings and phone calls with
property owners of existing units subject to affordable housing
covenants or agreements. The owners were not interested in
extending the existing affordable housing covenants.
In 2022, the City engaged Newport Harbor I at 1538 Placentia
Avenue regarding the expiring covenant. Newport Harbor I
terminated its covenant for affordable units in compliance
applicable requirements. Priscila Davila and Associates ensures
these unit owners have completed all required noticing.
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10
Policy Action
Policy
Status
3A: Objective Design
The City of Newport Beach will review
In Progress
Standards
existing entitlement processes for
housing development and will
The City contracted with Crandall Arambula through the Regional
eliminate discretionary review for all
Early Action Planning (REAP) grant efforts of Southern California
housing development proposals that
Association of Governments (SCAG). Objective design standards
include a minimum affordable housing
are currently being drafted and refined before sharing with the
component.
community for input in 2023
3B: SB 35
The City will establish written
In Progress
Streamlining
procedures to comply with California
Government Code Section 65913.4
The City has not yet created written procedures; however, inquiries
and publish those procedures for the
related to SB 35 are promptly and consistently responded to.
public, as appropriate, to comply with
the requirements of SB 35, Chapter
366 Statues 2017.
3C: Preservation of
The City will continue to maintain rental
Ongoing
Rental Opportunities
housing opportunities by restricting
conversions of rental units to
A vacancy rate survey is completed upon receiving an application
condominiums in a development
for the conversion of 15 or more rental units to condominiums. No
containing 15 or more units unless the
such projects of 15 or more units were submitted in 2022.
rental housing vacancy rate in Newport
Beach is 5 percent or higher, and
unless the property owner complies
with condominium conversion
regulations contained in Newport
Beach Municipal Code Chapter 19.64.
3D: Priority of
The City will continue to take all
Ongoing
Affordable Housing
feasible actions to ensure expedient
construction and occupancy for
In 2022, the City received and expeditiously processed three
projects approved with lower- and
different preliminary applications for residential development. The
moderate -income housing
City also continues to offer multi -departmental preliminary
requirements.
application meetings to assist in streamlining entitlement
processes.
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3E: Mortgage
The City will continue to participate
Ongoing
Revenue Bonds
with the County of Orange in the
issuance of tax-exempt mortgage
revenue bonds to facilitate and assist
in financing, development, and
construction of housing affordable to
low and moderate -income households.
3F: Annual Reporting
The City will conduct an annual
Ongoing
Program
compliance -monitoring program for
units required to be occupied by very
Annual compliance monitoring has been conducted for 2022 and
low-, low-, and moderate -income
the report for the City's income- and rent -restricted units by Priscila
households.
Davila and Associates (consultant) found all units in compliance.
3G: Entitlement
The City will provide entitlement
Ongoing
Assistance
assistance, expedited entitlement
processing, and waive application
The City provides strong staffing presence at the public counter to
processing fees for developments in
expeditiously field any development inquiries. The City also
which 5 percent of units are affordable
continues to offer multi -departmental preliminary application
to extremely low-income households.
meetings to assist in streamlining entitlement processes and to
facilitate an easier entitlement review.
3H: Prioritization of
The City will give highest priority for
Ongoing
Affordable Housing
use of Affordable Housing Fund
Funds
monies to affordable housing
developments providing units
affordable to extremely -low-income
households and senior households.
31: Public Information
The City will continue to maintain a
Ongoing
About Affordable
brochure of incentives offered by the
Housing
City for the development of affordable
A brochure is maintained and provided on the City website and in
housing including fee waivers,
the public lobby.
expedited processing, density
bonuses, and other incentives.
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3J: Priority in Kind
The City shall provide more assistance
Ongoing
Assistance for
for projects that provide a higher
Affordability
number of affordable units or a greater
No projects proposed a larger number of affordable units than the
level of affordability.
minimum nor at greater affordability levels during the 2022
reporting period.
3K. Coastal Zone
The City shall follow Government
Complete
Development
Code Section 65590 and implement
Affordability
Municipal Code Titles 20.34 and 2134
On October 29, 2019, the Community Development Director
"Conversion or Demolition of
determined that Newport Beach Municipal Code (NBMC) Chapters
Affordable Housing" for new
20.34 and 21.34 (Conversion of Demolition of Affordable Housing)
developments proposed in the Coastal
are no longer required. These chapters of the NBMC implement
Zone areas of the City.
the Mello Act (Government Code Sections 65590 - 65590.1 Low -
and Moderate -Income Housing Within the Coastal Zone). The
regulations require the replacement of housing units lost within the
coastal zone that are occupied by low- and moderate -income
households under certain circumstances when feasible. Both the
NBMC and the Mello Act provide when there is less than 50 acres
in aggregate, of privately owned, vacant land available for
residential use within the City's coastal zone, and 3 miles
therefrom, the replacement requirement is not required. The
Planning Division completed a land use inventory to determine if
50 aggregate acres of privately owned, vacant land is available for
residential use within the City's coastal zone and within 3 miles
inland of the coastal zone. The inventory conducted in October
2022, found less than 50 qualifying acres.
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3L: Proactive
The City will continue to advise and
Ongoing
Education and
educate existing landowners and
Outreach to
prospective developers of affordable
City Community Development staff provides information to
Prospective
housing development opportunities
landowners and developers about affordable housing opportunities
Developers
available within Banning Ranch, the
and staff encourage the inclusion of affordable housing units in new
Airport Area, West Newport Mesa,
projects.
Dover-Westcliff, Newport Center,
Mariners' Mile, and Balboa Peninsula
areas.
3M: Regional
The City will continue to participate in
Ongoing
Coordination of
other programs that assist production
Housing Issues
of housing.
3N: Housing Impact
The City will continue to study housing
Ongoing
Studies
impacts of proposed larger -scale,
significant commercial/industrial
The City rarely sees large commercial or industrial development
projects during the development
that could significantly affect housing. The City will conduct a
review process.
housing impact analysis when preparing an environmental impact
report for a significant large-scale commercial or industrial project
that includes a significant number of employees.
30: Single Resident
The City will continue to study housing
Ongoing
Occupancies (SROs)
impacts of proposed larger -scale,
significant commercial/industrial. Use
State and federal funding to continue
to provide assistance and make
provisions for development of single -
room occupancy (SRO) housing and
other forms of housing for people
experiencing homelessness in the
City.
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Policy Action
Policy
Status
3P: Residential Care
The City will review and amend the
Ongoing
Facilities
permitting procedures, application
requirements, and development
The City is working with an ad -hoc committee of the City Council
standards applicable to residential
and the community to revisit its regulations for residential care
care facilities for persons of 7 or more
facilities.
to ensure consistency with state and
federal laws to promote objectivity and
reater approval certainty.
4A: Affirmatively
The City will affirmatively further fair
In Progress
Furthering Fair
housing by taking meaningful actions
Housing
in addition to resisting discrimination,
The City is working to address all identified fair housing issues and
that overcomes patterns of
their local contributing factors. The City is intent on taking
segregation and fosters inclusive
meaningful actions to overcome patterns of segregation and to
communities free from barriers that
foster inclusive communities free from barriers that restrict access
restrict access to opportunity based on
to opportunity based on protective classes, as defined by State law.
protected classes, as defined by State
The City continues to maintain a contract for fair housing services
law.
with the Fair Housing Foundation. The City will participate in an
update to the Orange County regional Analysis of Impediments to
Fair Housing when next updated.
4B: Streamlined
The City will provide a streamlined
Ongoing
Project Review
"fast -track" development review
process for proposed affordable
The City provides a prioritized and expedited development review
housing developments.
process for all affordable housing projects. In 2022, this included
the 1300 Bristol Street project that includes 15 percent of its base
density as affordable to lower income housing that was filed on
June 30, 2021, and approved March 22, 2022.
4C: Density Bonus
The City will update its Density Bonus
Ongoing
and Incentives for
Ordinance (Newport Beach Municipal
Affordable Housing
Code Chapter 20.32) to be consistent
The City recently updated its density bonus ordinance for
with State Law, as amended.
consistency with State Law and will continue to monitor for any
future changes.
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4D: List of Pre-
The City will develop a pre -approved
In Progress
Approved
list of incentives and qualifications for
Development
such incentives to promote the
In 2022, the City Council extended the fee waiver for ADU
Incentives
development of affordable housing.
development for two additional years. Other potential incentives for
affordable housing development, including ADUs, is in progress.
4E: Airport Area
The City shall maintain an exception to
Ongoing
Policy Exceptions for
the minimum 10-acre village
Affordable Housing
requirement for projects that include a
minimum of 30 percent of the units
affordable to lower -income households
in the Airport Area.
4F. Encourage
The City will continue to encourage
Ongoing
Development of
and facilitate residential and/or mixed -
Opportunity Sites
use development on sites listed in
Appendix B by providing technical
assistance to interested developers
with site identification and entitlement
processin .
4G: Annual RHNA
The City will monitor and evaluate the
Ongoing
Sites Inventory
development of vacant and
Monitoring
underdeveloped parcels on an annual
basis and report the success of
strategies to encourage residential
development in its Annual Progress
Reports required pursuant to
Government Code 65400.
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4H: Review Mixed-
The City will review established mixed-
In Progress
Use Zones
use land use categories and
corresponding zoning regulations in
the City and recommend policy or code
changes to the City Council that
reduce regulatory barriers and
incentivize mixed -use residential
development.
41: Establish Mixed-
The City will consider policies,
In Progress
Use Resort
regulations and/or interpretations to
Opportunities
establish mixed -use resort
In 2021, the Community Development Director issued Director's
opportunities.
Determination No. DD2021-001 Interpreting Accessory Residential
as an Allowed Use within Resort Hotels (PA2021-096). DD2021-
001 determined that residential uses are permitted as an accessory
use to hotels subject to certain conditions. In 2022, the City's
Planning Commission approved a project for the hotel at 900
Newport Center Drive for 159 residential units.
4J: Airport Environs
The City will take actions to address
In Progress
Sub Area
potential environmental constraints in
Environmental
the Airport Environs Sub Area and
Constraints
ensure continued feasibility of sites,
particularly for lower -income RHNA.
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4K. West Newport
The City will take actions to address
In Progress
Mesa Environmental
environmental constraints and ensure
Constraints
feasibility of sites, particularly for
lower -income RHNA, in the West
Newport Mesa Area with regards to
noise and pollutants.
4L: Coyote Canyon
The City will take actions to address
In Progress
Environmental
environmental constraints on the
Constraints
Coyote Canyon landfill site.
5A: Preservation of
The City will contact owners of 19
Ongoing
Affordability
affordable units approaching the
Covenants
expiration of affordability covenants to
obtain information regarding their
plans for continuing affordability on
their properties, inform them of
financial resources available, and to
encourage the extension of the
affordability agreements for the
developments listed beyond the years
noted.
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5B: Section 8
The City shall maintain information on
Ongoing
Participation
the City's website and prepare written
communication for tenants and other
interested parties about Orange
County Housing Authority Section 8
opportunities and to assist tenants and
prospective tenants acquire additional
understanding of housing law and
related polic issues
5C: Incentivize for
The City will investigate the potential
Ongoing
Preserving of
for providing additional incentives or
Affordability
modify its current policy to incentivize
Covenants
property owners to maintain the
affordability of units on their property
during the 6th Cycle.
5D: Mobile Home
The City will continue to employ the
Ongoing
Park Conversions
provisions of NBMC Title 20 provision
of the Mobile Home Park Overlay to
City Community Development staff continues to inform property
maintain and protect mobile home
owners and developers of the provisions of the City's MHP overlay.
parks in a stable environment with a
The City has used and will continue to make available the Senior
desirable residential character.
Housing Assistance Repair Program (SHARP) funds to help senior
residents repair their mobile homes if it is necessary to abate
substandard living conditions.
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5E: Orange County
The City of Newport Beach will
Ongoing
Housing Authority
continue to participate as a member of
Advisory Committee
the Orange County Housing Authority
Staff attends the quarterly meetings of the OCHA Cities Advisory
(OCHA) Advisory Committee and work
Committee.
in cooperation with the OCHA to
provide Section 8 Rental Housing
Staff continually works in cooperation with the County to provide
Assistance to residents of the
Section 8 rental housing assistance to residents.
community.
A link to the Orange County Housing Authority website has been
placed on the City website to provide information on the Section 8
program.
City staff worked closely with OCHA staff to facilitate the award of
the Veterans Affairs Supportive Housing (VASH) Vouchers to the
Newport Shores project (see Program 4.1.4).
A link to the Emergency Rental Assistance Program during the
Covid-19 Pandemic provided by the County of Orange is provided
on the City website.
5F: Water Efficiency
The City will continue to implement and
Ongoing
for Residential
enforce the Water Efficient Landscape
Projects
Ordinance and Landscape and
All new development projects are reviewed for compliance with the
Irrigation Design Standards in
City's Water Efficient Landscape Ordinance.
compliance with AB 1881 (Chapter
559 Statutes 2006).
The annual report on the City's Water Efficient Landscape
Ordinance for 2022 was submitted to California Department of
Water Resources on January 31, 2023.
20
5G: Energy Efficiency
The City of Newport Beach will
Ongoing
in Residential
continue to require that any affordable
Projects
housing developments that receive
No affordable housing projects received funding via CDBG or the
City assistance from Community
City's Affordable Housing Fund during the 2022 reporting period.
Development Block Grant (CDBG)
funds or from the City's Affordable
Housing Fund shall be required, to the
extent feasible, to include installation
of energy efficient appliances and
devices that will contribute to reduced
housing costs for future occupants of
the units.
6A: Homeless
The City will continue to apply annually
Ongoing
Program Assistance
for United States Department of Urban
Development Community
The City applied for a grant allocation for the 2022 reporting period.
Development Block Grant (CDBG)
The City submitted its Action Plan in May of 2022 and allocated a
funds and allocate a portion of such
portion of the grant for the provision of homeless services.
funds to sub -recipients who provide
shelter and other services for the
homeless as well as submit Annual
Action Plan to HUD in May of each
year.
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6B: Repair Loans and
The City, in partnership with OASIS
Ongoing
Grant Programs for
Senior Center and Habitat for
Seniors, Persons with
Humanity Orange County, has
The City's Senior Housing Assistance Repair Program (SHARP)
Physical and
developed a Senior Home Repair
continues to successfully assist low-income seniors. In 2022,
Developmental
Assistance Program (SHARP).
Habitat for Humanity and OASIS staff worked on one new project
Disabilities and
Additionally, the City will continue to
and expended a total of $30,153.38. The project included
Lower -Income
cooperate with the Orange County
accessibility modifications as well as the replacement of a non -
Households
Housing Authority to pursue
working heater and several essential appliances. To date, the
establishment of a Senior/Disabled or
program has used $205,573 for a total of 13 projects.
Limited Income Repair Loan and Grant
Program to underwrite all or part of the
cost of necessary housing
modifications and repairs. Cooperation
with the Orange County Housing
Authority will include continuing City of
Newport Beach participation in the
Orange County Continuum of Care
and continuing to provide CDBG
funding.
6C: Leverage CDGB
The City shall make every effort to
Ongoing
and other Federal
leverage CDBG and Federal formula
Formula Grant
grant annual funds from various
Funding
agencies to further the City's housing
goals; these include, but are not limited
to, State, Regional and private
resources. The City of Newport Beach
will continue to maintain a list of "Public
and Private Resources Available for
Housing and Community Development
Activities" and maintain a list of
resources on City website and update
as necessary in the 6th Cycle.
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6D: Child Daycare
The City will continue to encourage the
Ongoing
Facilities
development of daycare centers as a
component of new affordable housing
City Community Development Department staff requests
developments and grant additional
developers include child daycare facilities in developments that
incentives in conjunction with the
include affordable housing.
review and approval of density bonus
projects pursuant to NBMC Chapter
20.32(Density Bonus).
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6E: Housing The City shall continue to encourage Ongoing
Assistance for senior citizen independence through
Seniors the promotion of housing and services The City supports a Meals on Wheels program that provides home -
related to in -home care, meal delivered meals to individuals who are homebound due to age,
programs, and counseling, and illness, or disability. Funding is provided through the CDBG
maintain a senior center that affords program on a yearly basis.
seniors opportunities to live healthy,
active, and productive lives in the City The City also operates the OASIS Senior Center. Services include:
• A multi -purpose center owned and operated by the City of
Newport Beach in partnership with the Friends of OASIS
nonprofit dedicated to meeting needs of senior citizens and
their families.
• Classes in art, health & fitness, music & dance, foreign
languages, technology, enrichment, and much more.
• A state-of-the-art fitness center for those 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 Paint & Wine
night 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,
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Action
Policy
medication review, 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.
6F: Emergency
The City of Newport Beach will amend
Pending
Shelters, Transitional
certain sections of its Municipal Code
and Supportive
in order to comply with State law to
Housing
address: 'Supportive Housing
Streamlined Approvals', 'Emergency
and Transitional Housing Act of 2019',
amending NBMC definitions to comply
with California Government Code, and
amending NBMC to ensure proper
zoning of emergency, transitional, and
supportive housing according to State
law.
6G: Senior Housing
The City seeks to develop explore the
Ongoing
Priority Program
feasibility and appropriateness of
proactive policies and programs to
address and prioritize the needs of its
senior population.
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25
7A: Supportive
To comply with State law, the City of
Pending
Housing/Low Barrier
Newport Beach will adopt policies,
Navigation Centers
procedures, and regulations for
processing this type of use to establish
a non -discretionary local permit
approval process that must be
provided to accommodate supportive
housing and lower barrier navigation
centers er State law.
7B: Transitional and
In compliance with Senate Bill 2
Complete
Supportive Housing
(Chapter 364, Statutes 2017) and SB
745 Chapter 185, Statutes 2013) the
City will ensure the Zoning Code is
amended to encourage and facilitates
emergency shelters and limits the
denial of emergency shelters and
transitional and supportive housing
under the Housing Accountability Act.
7C: Housing for
To accommodate residents with
Ongoing
Persons with
developmental disabilities, the City will
Developmental
review and prioritize housing
During the 2022 reporting period, no projects were proposed that
Disabilities
construction and rehabilitation
targeted the provision of housing or services for persons with
including supportive services targeted
developmental disabilities.
for persons with developmental
disabilities.
7D: Fair Housing
The City of Newport Beach will
Ongoing
Services
continue to contract with an
appropriate fair housing service
agency for the provision of fair housing
services for Newport Beach residents.
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26
8A: Annual Reporting
The City of Newport Beach shall report
Ongoing
Program
on the status of all housing programs
as part of its annual General Plan
This report is intended to satisfy this Policy Action for the 2022
Review and Annual Progress Report
reporting period.
(APR).
88: Water and Sewer
Pursuant to SB 1087, Chapter 727,
Pending
Service Providers
Statues of 2005, the City of Newport
Beach is required to deliver its adopted
The City received notice from HCD of the certification of the City's
housing element and any amendments
6t" Cycle Housing Element in October of 2022. Copies of the
thereto to local water and sewer
certified Housing Element will be sent to all local water and sewer
service providers.
utility providers that supply the City.
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Item No. 5a- Attachment 2
Appendix C General Plan Diagnostic Memo
DYETT & BHATIA
urban and Regionai Planners
M E M❑ 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 glans 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)j 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 revisions 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 Goai 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
1130 Broadway Sce_ 604 Oakland, CA 94612
415 956 4300 1 www.dyi tmandbhada.rom
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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 58 743, 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 ❑PR 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, crass -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 forfunding
circulation system improvements from new development and redevelopment as needed to
maintain acceptable levels of performance within the city.
Implications for Listen and Learn
Mobility will be an important focus of the General Plan Update, and Listen and Learn outreach
can help set up for that work in various ways:
Iran
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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.
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 boast housing production in California. This section
recaps the new housing laws most directly relevant to Listen and Learn outreach and the General
Plan Update.
Sonmto Rill 'AS
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 513 35 was passed as 513 765 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:1/www, hcd.ca.gov/commu nits-develooment/housing=
elementldocs/51335 5tatewideDetermination5ummary.ndf
-3-
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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
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 far streamlined processing. If eligible, the jurisdiction has from 90 to 180 days to make a
final decision.
California Department of Housing and Community Development jHCDj 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.
Eligible projects are exempt from environmental review under CEO,A and the process does not
allow public hearings; however, 513 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)j.
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, AS 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
California Department of Housing and Community Development, Streamlined Ministerial Approval Process
(Chapter 366, Statutes of 2017) Guidelines, November 29, 2018. download at htt2_J1www.hcd.ca.goyZpo5cy-
re5earchldocs158.35-Guidelines-final.adf
NEE
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GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Plan Diagnostic Memo
DYETT & BHATIA
Urban apd Regional Planners
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 additiveiy
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 Ptan. 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 forthe regulations
the City adopts to implement them.
I&V
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GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
General Flan Diagnostic Memo
DYETT & BHATIA
Urban and Regional Planners
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)j. 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/15'h 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 56 330,
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
5B 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
KIM
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GP Update Steering Committee - December 4, 2019
Item No. 5a- Attachment 2
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DYETT & BHATIA
tlrb-.n apd Regional Planners
(1) proposed on a site suitable for tow 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. 5B 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 mousing applications
with an E I R to no more than 90 days for most market -rate housing developments (from 120 days)
and to 50 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 5S941) 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
pubic 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 Ancome, 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.1,4 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 5B 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 "N❑ 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
developmentto 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
' 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 Jess during the morning and afternoon peak commute
periods.
+ South County System Map https://www.octa.netJebusbook/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 (AS) 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 (SLAG) 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;
❑btaWng 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 wi11 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 (el i31 - 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 54) 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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Senate Bill (513) 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)j 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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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 CaIEnviroscreen 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 haw 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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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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