HomeMy WebLinkAbout2024-51 - Amending the General Plan Land Use Element to Implement the General Plan Housing Element Implementation Program (PA2022-0245)RESOLUTION NO. 2024-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
GENERAL PLAN LAND USE ELEMENT TO IMPLEMENT
THE GENERAL PLAN HOUSING ELEMENT
IMPLEMENTATION PROGRAM (PA2022-0245)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, and programs, and quantified objectives to further the development, improvement,
and preservation of housing;
WHEREAS, the City's General Plan Land Use Element is a mandatory element
that governs the ultimate pattern of development and requires updating as necessary for
consistency with other General Plan elements;
WHEREAS, every eight years, State Housing Element Law requires the City to
update its General Plan Housing Element to identify and analyze existing and projected
housing needs for the City along with a housing plan that provides adequate land use
capacity to meet those needs;
WHEREAS, the City was assigned a Regional Housing Needs Assessment
("RHNA") allocation of4,845 new units as its projected housing need for the planning period
covering 2021-2029 and, as a result, the City worked diligently to prepare its 6th Cycle
Housing Element in compliance with state law;
WHEREAS, preparation of the 6t" Cycle Housing Element involved extensive public
participation with community groups at numerous workshops, as well as meetings with the
Planning Commission and City Council, and was assisted by an ad -hoc committee called
the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the
City Council;
Resolution No. 2024-51
Page 2 of 6
WHEREAS, after several meetings with the State Department of Housing and
Community Development ("HCD") and numerous drafts, the City Council adopted the final
6th Cycle Housing Element on September 13, 2022;
WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5,
2022, as statutorily compliant with state law;
WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a
framework and strategy for meeting the needs of existing and future resident populations in
Newport Beach based on the RHNA allocation of 4,845 new housing units, the "fair share"
of regional housing need and demand, by planning for units within the following site
groupings or "focus areas" that are best suited for residential growth: Airport Area Environs,
West Newport Mesa, Newport Center, Dove r/Westcl iff, and Coyote Canyon;
WHEREAS, the 6th Cycle Housing Element opportunity sites are to be rezoned per
Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation,
including a buffer necessary to address future "no net loss" of available sites and to preclude
the need to identify replacement sites during implementation;
WHEREAS, the rezoning includes the establishment of overlay zoning districts and
accompanying development standards, as well as corresponding amendments to the
General Plan Land Use Element and the Local Coastal Program;
WHEREAS, to comply with state law, the City has been working diligently to
implement the 6th Cycle Housing Element no later than February 2025 ("6th Cycle Housing
Element Implementation"), which requires the following amendments and actions:
• General Plan Amendment ("GPA") - To revise the necessary goals and/or
policies within the City's Land Use Element to support housing production in
the focus areas identified by the 6th Cycle Housing Element;
• Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the
Land Use Element's policy changes by allowing housing development as an
opportunity and establishing appropriate objective design and development
standards for multi -unit residential and mixed -use development projects;
Resolution No. 2024-51
Page 3 of 6
• Local Coastal Program Amendment ("LCPA") - To revise and create new
policies within the City's Coastal Land Use Plan and update Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code
("NBMC") to support housing production in the focus areas identified by the
6th Cycle Housing Element that are within the Coastal Zone; and
• Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To
analyze potential environmental impacts under the California Environmental
Quality Act ("CEQA") related to the 6th Cycle Housing Element
Implementation, a Draft Housing Element Implementation Program
Amendments Program Environmental Impact Report ("Draft PEIR"), to
address reasonably foreseeable environmental impacts resulting from the 6th
Cycle Housing Element Implementation;
WHEREAS, the 6th Cycle Housing Element Implementation must take effect by
February 2025 to avoid significant penalties and loss of local control dictated by state law,
which may include, but are not limited to:
• Increased exposure to public and private litigation,
• Loss of permitting authority;
• Financial penalties including monthly fines of up to $600,000;
• Loss of eligibility for state and regional funding sources;
• Court receivership;
• Allowing housing developers to bypass the City's zoning requirements; and
• Increased exposure to monitoring by the newly formed Housing Accountability
Unit of HCD;
WHEREAS, City staff worked closely with the community through the City
Council -appointed General Plan Advisory Committee ("GPAC") and General Plan Update
Steering Committee ("GPUSC") from March 2023 to August 2023 to draft Land Use
Element goals and policies that support 6th Cycle Housing Element Implementation;
WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was
posted online on August 30, 2023, with additional public comments and participation at
the Planning Commission Study Session on September 21, 2023, and City Council Study
Session on February 13, 2024;
WHEREAS, the draft GPA was revised and reposted online on January 16, 2024,
and March 28, 2024, based on the public's input;
Resolution No. 2024-51
Page 4 of 6
WHEREAS, a public hearing was held by the Planning Commission on April 18,
2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to
consider the actions and amendments required for the 6t" Cycle Housing Element
Implementation. A notice of time, place, and purpose of the hearing was given in
accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"),
Chapter 20.62 (Public Hearings) and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by the Planning
Commission at this hearing,
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals)
recommending the City Council certify the Housing Element Implementation Program
Amendments Draft PEIR and approve the 6t" Cycle Housing Element Implementation;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the 6t" Cycle Housing Element Implementation to the Orange County
Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John
Wayne Airport Environs Land Use Plan ("AELUP");
WHEREAS, on May 16, 2024, the ALUC determined the 6t" Cycle Housing
Element Implementation is inconsistent with the AELUP;
WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council
held a duly noticed public hearing on May 28, 2024, and adopted Resolution No. 2024-
32 (7 ayes, 0 nays), to notify the ALUC and State Department of Transportation
Aeronautics Program of the City's intent to override ALUC's inconsistency finding and on
May 29, 2024, the City issued the Notice of Intent to Override ALUC's determination and
received two comments in response; and
Resolution No. 2024-51
Page 5of6
WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California to
consider the 6th Cycle Housing Element Implementation, including consideration of
certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting
Program and a Statement of Overriding Considerations. A notice of time, place, and
purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph
M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments), and
Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan
and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for
the California Environmental Quality Act). Evidence both written and oral, was presented
to, and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby make the findings attached hereto as
Exhibit "A," and incorporated herein by reference, and approves the GPA, which is also
attached hereto as Exhibit "B," and incorporated herein by reference.
Section 2: The Housing Element Implementation Program Amendments Final
PEIR (SCH No. 2023060699) was prepared for the 6th Cycle Housing Element
Implementation (also referred to as the "Project") in compliance with the California
Environmental Quality Act ("CEQA") as set forth in the Public Resources Code Section
21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations
("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the
California Environmental Quality Act). On July 23, 2024, the City Council adopted
Resolution No. 2024-50, to certify the PEIR as complete and adequate, inclusive of all
required findings, a statement of overriding considerations, and a mitigation monitoring
reporting program. The City Council hereby finds that the action to adopt this Resolution
approving the GPA was considered within the PEIR. Resolution No. 2024-50 is hereby
incorporated by reference.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2024-51
Page 6of6
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: This resolution shall take effect upon immediately upon it adoption
by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of July, 2024.
ATTEST:
oi/WV of- O rV
Leilani I. BrowV
City Clerk
Z0 R N%-!!
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C.
Aaron C. Harp
City Attorney
Will O'Neill
Mayor
Attachments: Exhibit "A" — Findings for Approval
Exhibit "B" — General Plan Land Use Element Amendment
Exhibit "A"
Findings for Approval
General Finding:
An amendment to the City's General Plan Land Use Element is a legislative act. Neither
Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section
65000 et seq., set forth any required findings for approval of such amendments.
Notwithstanding the foregoing, the following amendments to the General Plan Land Use
Element will create internal consistency with the certified 6th Cycle Housing Element:
Facts in Support of Finding:
1. According to General Plan Implementation Program 1.2, revisions and updates of
the General Plan must be made in accordance with the Vision Statement. While it
is being reviewed as part of the comprehensive General Plan update, as presently
written, it is the City's intention to be a residential community, balanced with
supporting nonresidential uses, job opportunities, and visitor and recreational
services and amenities. Furthermore, the Vision Statement calls for "a range of
housing opportunities that allows people to live and work in the City."
2. Implementation Program 1.2 further states that amendments to accommodate the
City's "fair share" of regional housing demand will be considered in context of these
visions and the goals stipulated by the General Plan. Adoption of the proposed
Amendment will support the 6th Cycle Housing Element adopted in the context of
the visions and goals stipulated by the General Plan.
3. The proposed GPA, attached to this resolution and incorporated herein, is in full
compliance with the Section 4 of the 6th Cycle Housing Element as presented
below:
6th Cycle Housing Element Amendments in Support of Housing
Implementation Measures Element's Implementation Measures
Housing Goal #1. Provision of adequate Revised Policies LU 1.1 through LU 1.5
sites to accommodate projected housing emphasize the goal of balancing the needs of
unit growth needs within the following residents, business and visitors through the
identified housing opportunity sites: recognition that Newport Beach is primarily a
residential community. The polices underscore
• Airport Area Environs the need to preserve and enhance residential
• West Newport Mesa neighborhoods. The identified sites direct new
• Newport Center housing opportunities outside of established
• Dover/Westcliff residential neighborhoods. The amended
• Banning Ranch Policies ensure the continued recognition that
• Coyote Canyon Newport Beach is primarily a residential
community.
6tn Cycle Housing Element Amendments in Support of Housing
Implementation Measures Element's Implementation Measures
Housing Goal #2. Quality residential
development and preservation,
conservation and appropriate
redevelopment of housing stock.
Housing Goal #3. A variety of housing
types, designs, and opportunities for all
social and economic segments.
Housing Goal #4. Housing opportunities
for as many renter- and owner -occupied
households as possible in response to the
market demand and RHNA obligations for
housing in the City.
Revised Policies LU 2.2 and LU 2.5 call for
supporting the development of uses that allow
the City to be a complete community and indicate
that harbor and waterfront Uses contribute to the
charm and character of the City and provide
needed support for residents.
Revised Policy 3.3 (Transition of Land Uses)
calls for supporting residential opportunities in
West Newport Mesa; residential infill
development along Balboa Boulevard corridor
and facilitating workforce housing in proximity to
jobs, transportation and services in West
Newport Mesa and the Airport Area; and
providing for housing opportunities that
complement nonresidential uses in the Coyote
Canyon Landfill site.
Revised Goal LU 4 Manage growth and change
to:
• Support the livability of existing
neighborhoods.
• Support residential opportunities that
accommodate the City's share of the
Regional Housing Needs Assessment.
• Promote new uses that are
complimentary to already existing
neighborhoods and uses.
• Achieve distinct and economically vital
business and employment districts.
• Correlate with supporting infrastructure
and public services.
• Sustain Newport Beach's natural setting.
The above goal supports Housing Goal #1 as it
accommodates City's share of RHNA.
Revised Policy LU4.1 (Land Use Diagram)
clarifies that density limits exclude increases
allowed through the application of density bonus
laws as stipulated also by State law.
New Policies 4.4 (Rezoning to Accommodate
Housing Opportunities); 4.5 (Residential Uses
and Residential Densities); 4.6 (Continuation of
6th Cycle Housing Element Amendments in Support of Housing
Implementation Measures Element's Implementation Measures
Existing Development); and 4.7 (Redevelopment
and Transfer of Development Rights) all support
6` Cycle Housing Element Implementation
Measures. These policies stipulate that
residential opportunities are to be established as
overlay zones which allow for existing uses to
continue. Opportunities for by -right development,
when at least 20 percent or more of units are
affordable to lower -income households, ensures
housing opportunities for all social and economic
segments and ensures streamlined project
review.
Revised Policy LU 5.1.3 (Neighborhood
Identification) calls for the establishment of
objective design and development standards
which ensures Implementation Goals 1 and 2
which stipulate quality design and variety of
housing designs.
Revised Policy LU 6.2.4 (Accessory Dwelling
Units (ADU)) supports and promotes the
development of accessory dwelling units and
junior accessory dwellings. This policy fulfills
Implementation Goal #1 that calls for the City to
aggressively support and accommodate the
construction of at least 240 ADUs.
Revised Policies LU 6.4.2 (Residential); LU 6.6.2
(Residential Types (West Newport Mesa); LU
6.15.4 (Priority Uses (Airport Area — Mixed -Use
Districts [Subarea C, "MU-H2" designation]); LU
6.15.28 (Priority Uses (Airport Area —
Commercial Nodes ]"CG" designation Sub -Area
C-part]) and LU 6.15.29 (Priority Uses (Airport
Area — Commercial Office District ["CO-G"
designation Sub -Area C—part]) support housing
development or redevelopment within the
opportunity sites identified in the Housing
Element.
Charter Section 423 Analysis Finding:
Unless precluded by state or federal law, Section 423 of the Charter of the City of Newport
Beach ("Charter Section 423") requires voter approval for any major amendment to the
City's General Plan. A "major amendment" is one that significantly increases allowed
intensity by 40,000 square feet of nonresidential floor area, increases traffic by more than
100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units.
These thresholds apply to the total of increases resulting from the amendment itself, plus
80% of the increases resulting from other amendments affecting the same neighborhood
(defined as a "statistical area" as shown in the General Plan Land Use Element) and
adopted within the preceding 10 years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
Facts in Support of Finding:
1. If it is determined a Section 423 vote is required, the proposed amendment will not
take effect unless approved by a majority of the electorate voting on it.
2. Should the City not implement the 6th Cycle Housing Element by February 2025,
the City may be considered non -compliant with State Housing Laws and
developers of affordable housing projects will be entitled to have their residential
projects approved as a "builder's remedy" in accordance with Senate Bill 35
effectively ignoring height limits, density limits and other regulations designed to
ensure development is consistent with the City's Vision Statement of the General
Plan.
Tribal Consultation (SB18) Finding:
Pursuant to California Government Code Section 65352.3 ("SB18"), a local government
is required to contact the appropriate tribes identified by the Native American Heritage
Commission ("NAHC") each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources.
Facts in Support of Finding:
Pursuant to SB18, the City requested a Sacred Lands File ("SLF") search on the Project
locations from the NAHC on March 5, 2023. On March 22, 2023, the NAHC responded
that the findings of the search were positive and identified 19 Native American tribal
representatives to contact for further information on potential tribal resources. To comply
with both the requirements of SB18 and Assembly Bill 52, the City mailed and emailed
notices regarding the proposed project to all of the listed tribes. The City received a
response from only one representative of the Gabrieleno Band of Mission Indians — Kizh
Nation expressing no concerns on the project given its programmatic nature, but also
expressing a desire to be consulted on future individual projects.
Fiscal Impact Analysis Finding:
Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis is
required to be prepared for the Project. This analysis must use the City's fiscal impact
model and should calculate public service impacts for specific land uses that support the
residential population, the employment base, the visitor population in Newport Beach,
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 fiscal impact model is designed to calculate the average cost of public services
required by new development, on the assumption that new development affects the City
services in approximately the same way that existing development does.
Facts in Support of Finding:
A fiscal impact analysis was prepared for the Housing Element Implementation Program
Amendments by Keyser Marston Associates ("KMA") dated July 9, 2024 ("Fiscal Impact
Analysis"). As there are no specific projects proposed and the dwelling unit capacity
added through implementation does not contemplate any replacement of existing uses,
KMA's evaluation is highly conservative and theoretical. In summary, KMA found the
following:
• Rents, sales prices and assessed values in the City are all very high,
benefiting General Fund revenues.
• Total buildout of all the potential residential would have a net negative
impact on the City's General Fund; however, this may be mitigated if
projects continue to be developed at higher price points.
• The replacement of land uses that generate minimal public revenues can
offset the negative impact of the residential. For example, the recently
approved 1400 Bristol Street project demonstrates that office development
can have a net negative impact on the General Fund and higher
rents/values can significantly reduce the residential impact to the General
Fund.
Cities will often adopt a development fee program, negotiate development
agreements, and pursue other methods to mitigate the fiscal impact of
residential development. KMA understands the City is currently preparing a
development fee program, which could potentially offset some of the
projected impacts.
EXHIBIT "B"
General Plan Land Use Amendment
General Plan Land Use Element Policy LU 1.1 is amended as follows:
LU 1.1 Unique Environment
Maintain and enhance the different villages, neighborhoods, business districts, and harbor that define
Newport Beach through neighborhood preservation. Locate and design development in a way that to
reflects Newport Beach's topography and, architectural diversity while emphasizing the City's coastal
orientation, including public views. (Imp 1.1)
General Plan Land Use Element Policy LU 1.2 is amended as follows:
LU 1.2 Citywide Identity
Recognize and support the qualities that uniquely define Newport Beach's neighborhoods and districts
that promote a Citywide identity unique to the Southern California region. (Imp 1.1)
General Plan Land Use Element Policy LU 1.2 is amended as follows:
LU 1.5 Economic Health
Support the local economy through the identification and development of housing opportunities, as
well as adequate commercial, office, medical, industrial, and marine -oriented uses that provide
employment and local revenue opportunities to support high -quality community services for residents,
businesses, and visitors. (Imp 1.1, 24.1)
General Plan Land Use Element Policy LU 2.2 is amended as follows:
LU 2.2 Sustainable and Complete Community
Emphasize and support the development of uses that enable Newport Beach to be a complete
community that maintains the ability to provide locally accessible opportunities for retail, goods and
services, and employment. (Imp 1.1, 24.1)
General Plan Land Use Element Policy LU 2.5 is amended as follows:
LU 2.5 Harbor and Waterfront Uses
Preserve the uses of the Harbor and the waterfront that contribute to the charm and character of
Newport Beach and provide needed support for residents, boaters, and visitors, with appropriate
regulations necessary to protect the interests of all users as well as adjoining residents. (Imp 1.1, 2.5,
5.1, 21.4, 24.1)
General Plan Land Use Element Policy LU 3.3 is amended as follows:
LU 3.3 Opportunities for Change
Support opportunities for new development and improved physical environments for residents,
businesses, and visitors in the following districts and corridors, as specified in Polices 6.3.1 through
6.22.7:
West Newport: support consolidation of retail and visitor -serving commercial uses, and new
residential opportunities
Santa Ana Heights: support continued implementation of the adopted Specific Plan and
Redevelopment Plan
Fashion Island/Newport Center: support balanced expansion and enhancement of retail uses, hotel
rooms, and offices, and development of residential in proximity to jobs and services
Balboa Peninsula: support patterns of use that consolidate the Peninsula's visitor -serving and mixed
uses within the core commercial districts; encourage marine -related uses especially along the bay front;
integrate residential with retail and visitor -serving uses in Lido Village, McFadden Square, Balboa
Village, and along portions of the Harbor frontage; re -use interior parcels in Cannery Village for
residential and limited mixed -use and live/work buildings; and redevelop underperforming properties
outside of the core commercial districts along the Balboa Boulevard corridor for residential. Infill
development shall be designed and sited to preserve the historical and architectural fabric of these
districts
Mariners' Mile: support revitalization of existing properties for retail, visitor -serving, and marine -
related uses, integrated with residential
Corona del Mar: support enhancement of public improvements and parking (Imp 1.1, 2.1, 5.1)
Study and consider the adoption of specific plans or other appropriate land use guidance for the
following areas:
West Newport Mesa: This area is generally bounded by the City of Costa Mesa to the north, Banning
Ranch to the west, State Route 55 to the east, and Hospital Road to the south. The area may be
expanded if warranted. The intent is to support a cohesive strategy that enhances existing land use or
repurpose underperforming commercial and industrial uses or activities while facilitating new and
varied housing, including workforce housing proximate to jobs, transportation, and services. Future
land uses are intended to be appropriately located and sized to accommodate local community needs.
Airport Area: This area is generally bound by Jamboree Road to the east, Campus Drive to the north
and west, and State Route 73 to the south. This area may be expanded subject to LU 4.4. This area
must support flexible land use planning for the reuse and repurposing of existing nonresidential uses
while allowing for a variety of housing opportunities inclusive of workforce housing proximate to
jobs, transportation, supporting commercial, and services. The intent is to support and provide
neighborhood parks or other recreational opportunities, and other public services. Development in
this area should contribute to a cohesive urban, mixed -use character where residents and visitors can
live, work, shop, access services, and play.
Coyote Canyon Landfill: This approximately 375-acre open space area is generally bound by
Newport Coast Drive to the east, State Route 73 to the north, and the Newport Ridge Planned
Community to the west and south. The intent for this area is to support a comprehensive vision that
balances future land uses with environmental stewardship and public access. Future development
should adapt the closed landfill as an area that supports a variety of outdoor recreational uses such as
golf, hiking, and nature interpretation alongside housing opportunities with complementary
nonresidential uses.
General Plan Land Use Element Goal LU 4 is amended as follows:
LU 4
Management of growth and change to:
• Support the livability of existing neighborhoods.
• Support residential opportunities that accommodate the City's share of the Regional Housing
Needs Assessment.
• Promote new uses that are complementary to already existing neighborhoods and uses.
• Achieve distinct and economically vital business and employment districts.
• Correlate with supporting infrastructure and public services.
• Sustain Newport Beach's natural setting.
General Plan Land Use Element Policy LU 4.1 is amended as follows:
LU 4.1 Land Use Diagram
Support land use development consistent with the Land Use Plan. Figure LU1 depicts the general
distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use
categories for each parcel within defined Statistical Areas. Table LU1 (Land Use Plan Categories)
specifies the primary land use categories, types of uses, and, for certain categories, the
densities/intensities to be permitted. The permitted densities/intensities or amount of development
for land use categories for which this is not included in Table LU1, are specified on the Land Use
Plan, Figure LU4 through Figure LU15. These are intended to convey maximum and, in some cases,
minimums that may be permitted on any parcel within the designation or as otherwise specified by
Table LU2 (Anomaly Locations).
The density/intensity ranges exclude increases allowed through the applications of density bonus laws
and are calculated based on actual land area, actual number of dwelling units in fully developed
residential areas, and development potential in areas where the General Plan allows additional
development.
To determine the permissible development, the user should:
a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figure LU4
through Figure LU15
b. Refer to Figure LU4 through Figure LU15 and Table LU1 to identify the permitted uses and
permitted density or intensity or amount of development for the land use classification. Where
densities/intensities are applicable, the maximum amount of development shall be determined by
multiplying the area of the parcel by the density/intensity.
c. For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the
precise development limits.
d. For residential development in the Airport Area., refer to the policies prescribed by the Land Use
Element that define how development may occur. (Imp 2.1, 5.1, 10.2)
General Plan Land Use Element Policy LU 4.4 is added in its entirety as follows:
LU 4.4 Rezoning to Accommodate Housing Opportunities
Accommodate housing opportunities through the adoption of housing opportunity overlay zoning
districts or other land use regulatory policy. The following areas are intended to be consistent with the
Housing Element's focus areas. Properties within each overlay district should include, but are not limited
to, sites identified in the Housing Element; however, not all sites must be included, and other sites or
adjustments may be identified in the future through rezoning unless precluded by state law. The goal is
to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the
Regional Housing Needs Assessment:
• Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross
acre to accommodate up to 2,577 total dwelling units within the area.
• West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per
gross acre to accommodate up to 1,107 total dwelling units within the area.
• Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross
acre to accommodate up to 2,439 total dwelling units within the area. units per gross acre.
• Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross
acre to accommodate up to 521 total dwelling units within the area.
• Coyote Canyon: the intent is to allow a density between 20 and 60 dwelling units per gross acre
of viable land to accommodate up to 1,530 total dwelling units within the area.
General Plan Land Use Element Policy LU 4.5 is added in its entirety as follows:
LU 4.5 Residential Uses and Residential Densities
Residential use of any property included within an established housing opportunity overlay zoning district
is allowed regardless of and in addition to the underlying land use category or density limit established
through Policy LU 4.1, Table LU 1 and Table LU 2, or any other conflict in the Land Use Element. A
general plan amendment is not required to develop a residential use within an established housing
opportunity zoning overlay district. The maximum density specified for the various overlay districts
specified in Policy LU 4.2 is an average over the entire property or project site. For example, a portion of
a development site may be developed at a higher density than specified by Policy 4.4 provided other
portions of the site are developed at lower densities such that the average does not exceed the maximum.
Density calculations and total units identified in LU 4.4 do not include units identified as pipeline units
or units permitted pursuant to State density bonus law.
General Plan Land Use Element Policy LU 4.6 is added in its entirety as follows:
LU 4.6 Continuation of Existing Development
Residential opportunities are in addition to existing uses allowed by the General Plan. Properties within
the established overlay zones are not required to be developed for mixed -use or residential. Existing uses
may continue to operate provided they are legally established and consistent with policies and regulations
related to legal nonconfornvng uses. The adoption of housing opportunity overlay districts shall not affect
existing rights to use the property.
General Plan Land Use Element Policy LU 4.7 is added in its entirety as follows:
LU 4.7 Redevelopment and Transfer of Development Rights
Within an established housing opportunity overlay zone and notwithstanding Policy LU 6.15.5, the
intensity of existing allowed uses of a site may be reconstructed on the site as part of a mixed -use
development provided the gross floor area allowed by the General Plan is not increased, unless it is
increased through a General Plan amendment or density bonus concession. The intensity of existing uses
may be converted to other uses allowed by the underlying General Plan land use category provided that
average daily trips and peak hour traffic trips are not increased above the trips from the existing allowed
use. For example, office intensity may be converted to retail or service commercial, restaurants, or other
nonresidential uses provided the General Plan land use category allows these uses. Nonresidential
intensity not included as a component of a future residential project will remain within the General Plan
allocations on a statistical area -wide basis. The City Council may transfer the intensity of a use to another
site within the Statistical Area consistent with Policy LU 4.3 or Policy LU 6.15.3.
General Plan Land Use Element Policy LU 5.1.3 is amended as follows:
LU 5.1.3 Neighborhood Identification
Encourage and support residential neighborhood identity through the establishment of objective
design and development standards that will distinguish neighborhoods from others in the City. (Imp
1.1, 1.3)
General Plan Land Use Element Policy 6.2.4 is amended as follows:
LU 6.2.4 Accessory Dwelling Units
Support and promote the development of accessory dwelling units and junior accessory dwelling units
in all zones that will allow residential units, to provide a more affordable housing option that helps
the City meet its housing production goals while minimizing the need to rezone for additional future
capacity. (Imp 2.1)
General Plan Land Use Element Policy 6.4.2 is amended as follows:
LU 6.4.2 Residential
Accommodate a maximum of 1,475 residential units, which shall consist of a tni_x of single-family
detached, attached, and multi -family units to provide a range of choices and prices for residents. (Imp
2.1)
General Plan Land Use Element Policy 6.6.2 is amended as follows:
LU 6.6.2 Residential Types
Support the development of a mix of residential types consistent with the densities permitted by the
General Plan (Figure LU18), which may include single-family attached, townhomes, apartinents, and
comparable units, provided die overall average project density of 20 to 50 dwelling units per acre is
not exceeded. (Imp 2.1)
General Plan Land Use Element Policy 6.10.2 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.10.3 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.12.2 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.15.4 is amended as follows:
LU 6.15.4 Priority Uses
Accommodate office, research and development, and similar uses that support the prunaiy office and
business park functions such as retail and financial services, as prescribed for the "CO-G" designation,
while allowing for the re -use of properties for the development of cohesive mixed -use and residential
developments that are integrated with business park uses. (Imp 2.1)
General Plan Land Use Element Policy 6.15.28 is amended as follows:
LU 6.15.28 Priority Uses
Encourage the development of retail, financial services, dining, hotel, and other uses that support the
John Wayne Airport, the Airport Area's office uses, and, as developed or redeveloped, its residential
neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and
Bristol Street node. (Imp 2.1, 24.1)
General Plan Land Use Element Policy 6.15.29 is amended as follows:
LU 6.15.29 Priority Uses
Encourage the development of administrative, professional, and office uses that are proximate or
adjacent to residential uses; with accessory retail and service uses that provide jobs for residents and
benefit adjoining mixed -use districts. (Imp 2.1, 24.1)
Exhibit "A"
Findings for Approval
General Finding:
An amendment to the City's General Plan Land Use Element is a legislative act. Neither
Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section
65000 et seq., set forth any required findings for approval of such amendments.
Notwithstanding the foregoing, the following amendments to the General Plan Land Use
Element will create internal consistency with the certified 6th Cycle Housing Element:
Facts in Support of Finding:
1. According to General Plan Implementation Program 1.2, revisions and updates of
the General Plan must be made in accordance with the Vision Statement. While it
is being reviewed as part of the comprehensive General Plan update, as presently
written, it is the City's intention to be a residential community, balanced with
supporting nonresidential uses, job opportunities, and visitor and recreational
services and amenities. Furthermore, the Vision Statement calls for "a range of
housing opportunities that allows people to live and work in the City."
2. Implementation Program 1.2 further states that amendments to accommodate the
City's "fair share" of regional housing demand will be considered in context of these
visions and the goals stipulated by the General Plan. Adoption of the proposed
Amendment will support the 6th Cycle Housing Element adopted in the context of
the visions and goals stipulated by the General Plan.
3. The proposed GPA, attached to this resolution and incorporated herein, is in full
compliance with the Section 4 of the 6t" Cycle Housing Element as presented
below:
6tt' Cycle Housing Element Amendments in Support of Housing
Implementation Measures Element's Implementation Measures
Housing Goal #1. Provision of adequate Revised Policies LU 1.1 through LU 1.5
sites to accommodate projected housing emphasize the goal of balancing the needs of
unit growth needs within the following residents, business and visitors through the
identified housing opportunity sites: recognition that Newport Beach is primarily a
residential community. The polices underscore
• Airport Area Environs the need to preserve and enhance residential
• West Newport Mesa neighborhoods. The identified sites direct new
• Newport Center housing opportunities outside of established
• Dover/Westcliff residential neighborhoods. The amended
• Banning Ranch Policies ensure the continued recognition that
• Coyote Canyon Newport Beach is primarily a residential
community.
6t" Cycle Housing Element Amendments in Support of Housing
Implementation Measures Element's Implementation Measures
Housing Goal #2. Quality residential
development and preservation,
conservation and appropriate
redevelopment of housing stock.
Housing Goal #3. A variety of housing
types, designs, and opportunities for all
social and economic segments.
Housing Goal #4. Housing opportunities
for as many renter- and owner -occupied
households as possible in response to the
market demand and RHNA obligations for
housing in the City.
Revised Policies LU 2.2 and LU 2.5 call for
supporting the development of uses that allow
the City to be a complete community and indicate
that harbor and waterfront Uses contribute to the
charm and character of the City and provide
needed support for residents.
Revised Policy 3.3 (Transition of Land Uses)
calls for supporting residential opportunities in
West Newport Mesa; residential infill
development along Balboa Boulevard corridor
and facilitating workforce housing in proximity to
jobs, transportation and services in West
Newport Mesa and the Airport Area; and
providing for housing opportunities that
complement nonresidential uses in the Coyote
Canyon Landfill site.
Revised Goal LU 4 Manage growth and change
to:
• Support the livability of existing
neighborhoods.
• Support residential opportunities that
accommodate the City's share of the
Regional Housing Needs Assessment.
• Promote new uses that are
complimentary to already existing
neighborhoods and uses.
• Achieve distinct and economically vital
business and employment districts.
• Correlate with supporting infrastructure
and public services.
• Sustain Newport Beach's natural setting.
The above goal supports Housing Goal #1 as it
accommodates City's share of RHNA.
Revised Policy LU4.1 (Land Use Diagram)
clarifies that density limits exclude increases
allowed through the application of density bonus
laws as stipulated also by State law.
New Policies 4.4 (Rezoning to Accommodate
Housing Opportunities); 4.5 (Residential Uses
and Residential Densities); 4.6 (Continuation of
6th Cycle Housing Element
Implementation Measures
Amendments in Support of Housing
Element's Implementation Measures
Existing Development); and 4.7 (Redevelopment
and Transfer of Development Rights) all support
61h Cycle Housing Element Implementation
Measures. These policies stipulate that
residential opportunities are to be established as
overlay zones which allow for existing uses to
continue. Opportunities for by -right development,
when at least 20 percent or more of units are
affordable to lower -income households, ensures
housing opportunities for all social and economic
segments and ensures streamlined project
review.
Revised Policy LU 5.1.3 (Neighborhood
Identification) calls for the establishment of
objective design and development standards
which ensures Implementation Goals 1 and 2
which stipulate quality design and variety of
housing designs.
Revised Policy LU 6.2.4 (Accessory Dwelling
Units (ADU)) supports and promotes the
development of accessory dwelling units and
junior accessory dwellings. This policy fulfills
Implementation Goal #1 that calls for the City to
aggressively support and accommodate the
construction of at least 240 ADUs.
Revised Policies LU 6.4.2 (Residential); LU 6.6.2
(Residential Types (West Newport Mesa); LU
6.15.4 (Priority Uses (Airport Area — Mixed -Use
Districts [Subarea C, "MU-112" designation]); LU
6.15.28 (Priority Uses (Airport Area —
Commercial Nodes ]"CG" designation Sub -Area
C-part]) and LU 6.15.29 (Priority Uses (Airport
Area — Commercial Office District ["CO-G"
designation Sub -Area C—part]) support housing
development or redevelopment within the
opportunity sites identified in the Housing
Element.
Charter Section 423 Analysis Finding:
Unless precluded by state orfederal law, Section 423 of the Charter of the City of Newport
Beach ("Charter Section 423") requires voter approval for any major amendment to the
City's General Plan. A "major amendment" is one that significantly increases allowed
intensity by 40,000 square feet of nonresidential floor area, increases traffic by more than
100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by 100 units.
These thresholds apply to the total of increases resulting from the amendment itself, plus
80% of the increases resulting from other amendments affecting the same neighborhood
(defined as a "statistical area" as shown in the General Plan Land Use Element) and
adopted within the preceding 10 years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
Facts in Support of Finding:
If it is determined a Section 423 vote is required, the proposed amendment will not
take effect unless approved by a majority of the electorate voting on it.
2. Should the City not implement the 6t" Cycle Housing Element by February 2025,
the City may be considered non -compliant with State Housing Laws and
developers of affordable housing projects will be entitled to have their residential
projects approved as a "builder's remedy" in accordance with Senate Bill 35
effectively ignoring height limits, density limits and other regulations designed to
ensure development is consistent with the City's Vision Statement of the General
Plan.
Tribal Consultation (SB18) Finding:
Pursuant to California Government Code Section 65352.3 ("SB18"), a local government
is required to contact the appropriate tribes identified by the Native American Heritage
Commission ("NAHC") each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources.
Facts in Support of Finding:
Pursuant to SB18, the City requested a Sacred Lands File ("SLF") search on the Project
locations from the NAHC on March 5, 2023. On March 22, 2023, the NAHC responded
that the findings of the search were positive and identified 19 Native American tribal
representatives to contact for further information on potential tribal resources. To comply
with both the requirements of SB18 and Assembly Bill 52, the City mailed and emailed
notices regarding the proposed project to all of the listed tribes. The City received a
response from only one representative of the Gabrieleno Band of Mission Indians — Kizh
Nation expressing no concerns on the project given its programmatic nature, but also
expressing a desire to be consulted on future individual projects.
Fiscal Impact Analysis Finding:
Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis is
required to be prepared for the Project. This analysis must use the City's fiscal impact
model and should calculate public service impacts for specific land uses that support the
residential population, the employment base, the visitor population in Newport Beach,
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 fiscal impact model is designed to calculate the average cost of public services
required by new development, on the assumption that new development affects the City
services in approximately the same way that existing development does.
Facts in Support of Finding:
A fiscal impact analysis was prepared for the Housing Element Implementation Program
Amendments by Keyser Marston Associates ("KMA") dated July 9, 2024 ("Fiscal Impact
Analysis"). As there are no specific projects proposed and the dwelling unit capacity
added through implementation does not contemplate any replacement of existing uses,
KMA's evaluation is highly conservative and theoretical. In summary, KMA found the
following:
• Rents, sales prices and assessed values in the City are all very high,
benefiting General Fund revenues.
• Total buildout of all the potential residential would have a net negative
impact on the City's General Fund; however, this may be mitigated if
projects continue to be developed at higher price points.
• The replacement of land uses that generate minimal public revenues can
offset the negative impact of the residential. For example, the recently
approved 1400 Bristol Street project demonstrates that office development
can have a net negative impact on the General Fund and higher
rents/values can significantly reduce the residential impact to the General
Fund.
• Cities will often adopt a development fee program, negotiate development
agreements, and pursue other methods to mitigate the fiscal impact of
residential development. KMA understands the City is currently preparing a
development fee program, which could potentially offset some of the
projected impacts.
EXHIBIT "B"
General Plan Land Use Amendment
General Plan Land Use Element Policy LU 1.1 is amended as follows:
LU 1.1 Unique Environment
Maintain and enhance the different villages, neighborhoods, business districts, and harbor that define
Newport Beach through neighborhood preservation. Locate and design development in a way that to
reflects Newport Beach's topography and, architectural diversity while emphasizing the City's coastal
orientation, including public views. (Imp 1.1)
General Plan Land Use Element Policy LU 1.2 is amended as follows:
LU 1.2 Citywide Identity
Recognize and support the qualities that uniquely def ine Newport Beach's neighborhoods and districts
that promote a Citywide identity unique to the Southern California region. (Imp 1.1)
General Plan Land Use Element Policy LU 1.2 is amended as follows:
LU 1.5 Economic Health
Support the local economy through the identification and development of housing opportunities, as
well as adequate commercial, office, medical, industrial, and marine -oriented uses that provide
employment and local revenue opportunities to support high -quality community services for residents,
businesses, and visitors. (Imp 1.1, 24.1)
General Plan Land Use Element Policy LU 2.2 is amended as follows:
LU 2.2 Sustainable and Complete Community
Emphasize and support the development of uses that enable Newport Beach to be a complete
community that maintains the ability to provide locally accessible opportunities for retail, goods and
services, and employment. (Imp 1.1, 24.1)
General Plan Land Use Element Policy LU 2.5 is amended as follows:
LU 2.5 Harbor and Waterfront Uses
Preserve the uses of the Harbor and the waterfront that contribute to the charm and character of
Newport Beach and provide needed support for residents, boaters, and visitors, with appropriate
regulations necessary to protect the interests of all users as well as adjoining residents. (Imp 1.1, 2.5,
5.1, 21.4, 24.1)
General Plan Land Use Element Policy LU 3.3 is amended as follows:
LU 3.3 Opportunities for Change
Support opportunities for new development and improved physical environments for residents,
businesses, and visitors in the following districts and corridors, as specified in Polices 6.3.1 through
6.22.7:
West Newport: support consolidation of retail and visitor -serving commercial uses, and new
residential opportunities
Santa Ana Heights: support continued implementation of the adopted Specific Plan and
Redevelopment Plan
Fashion Island/Newport Center: support balanced expansion and enhancement of retail uses, hotel
rooms, and offices, and development of residential in proximity -to jobs and services
Balboa Peninsula: support patterns of use that consolidate the Peninsula's visitor -serving and mixed
uses within the core commercial districts; encourage marine -related uses especiallyalong the bayfront;
integrate residential with retail and visitor -serving uses in Lido Village, McFadden Square, Balboa
Village, and along portions of the Harbor frontage; re -use interior parcels in Cannery Village for
residential and limited mixed -use and live/workbuildings; and redevelop underperforming properties
outside of the core commercial districts along the Balboa Boulevard corridor for residential. Infill
development shall be designed and sited to preserve the historical and architectural fabric of these
districts
Mariners' Mile: support revitalization of existing properties for retail, visitor -serving, and marine -
related uses, integrated with residential
Corona del Mar: support enhancement of public improvements and parking (Imp 1.1, 2.1, 5.1)
Study and consider the adoption of specific plans or other appropriate land use guidance for the
following areas:
West Newport Mesa: This area is generally -bounded by -the Cityof Costa Mesa to the north, Banning
Ranch to the west, State Route 55 to the east, and Hospital Road to the south. The area may be
expanded if warranted. The intent is to support a cohesive strategy that enhances existing land use or
repurpose underperforming commercial and industrial uses or activities while facilitating new and
varied housing, including worlorce housing proximate to jobs, transportation, and services. Future
land uses are intended to be appropriately located and sized to accommodate local community needs.
Airport Area: This area is generally bound by -Jamboree Road to the east, Campus Drive to the north
and west, and State Route 73 to the south. This area may be expanded subject to LU 4.4. This area
must support flexible land use planning for the reuse and repurposing of existing nonresidential uses
while allowing for a variety of housing opportunities inclusive of workforce housing proximate to
jobs, transportation, supporting commercial, and services. The intent is to support and provide
neighborhood parks or other recreational opportunities, and other public services. Development in
this area should contribute to a cohesive urban, mixed -use character where residents and visitors can
live, work, shop, access services, and play.
Coyote Canyon Landfill: This approximately 375-acre open space area is generally bound by
Newport Coast Drive to the east, State Route 73 to the north, and the Newport Ridge Planned
Community to the west and south. The intent for this area is to support a comprehensive vision that
balances future land uses with environmental stewardship and public access. Future development
should adapt the closed landfill as an area that supports a variety of outdoor recreational uses such as
golf, hiking, and nature interpretation alongside housing opportunities with complementary
nonresidential uses.
General Plan Land Use Element Goal LU 4 is amended as follows:
LU 4
Management of growth and change to:
• Support the livability of existing neighborhoods.
• Support residential opportunities that accommodate the City's share of the Regional Housing
Needs Assessment.
• Promote new uses that are complementary to already existing neighborhoods and uses.
• Achieve distinct and economically vital business and employment districts.
• Correlate with supporting infrastructure and public services.
• Sustain Newport Beach's natural setting.
General Plan Land Use Element Policy LU 4.1 is amended as follows:
LU 4.1 Land Use Diagram
Support land use development consistent with the Land Use Plan. Figure LU1 depicts the general
distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use
categories for each parcel within defined Statistical Areas. Table LU1 (Land Use Plan Categories)
specifies the primary land use categories, types of uses, and, for certain categories, the
densities/intensities to be permitted. The permitted densities/intensities or amount of development
for land use categories for which this is not included in Table LU1, are specified on the Land Use
Plan, Figure LU4 through Figure LU15. These are intended to convey maximum and, in some cases,
minimums that may be permitted on any parcel within the designation or as otherwise specified by
Table LU2 (Anomaly Locations).
The density/intensity ranges exclude increases allowed through the applications of densitybonus laws
and are calculated based on actual land area, actual number of dwelling units in fully developed
residential areas, and development potential in areas where the General Plan allows additional
development.
To determine the permissible development, the user should:
a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figure LU4
through Figure LU15
b. Refer to Figure LU4 through Figure LU15 and Table LU1 to identify the permitted uses and
permitted density or intensity or amount of development for the land use classification. Where
densities/intensities are applicable, the maximum amount of development shall be determined by
multiplying the area of the parcel by the density/intensity.
c. For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the
precise development limits.
d. For residential development in the Airport Area., refer to the policies prescribed by the Land Use
Element that define how development may occur. (Imp 2.1, 5.1, 10.2)
General Plan Land Use Element Policy LU 4.4 is added in its entirety as follows:
LU 4.4 Rezoning to Accommodate Housing Opportunities
Accommodate housing opportunities through the adoption of housing opportunity overlay zoning
districts or other land use regulatory policy. The following areas are intended to be consistent with the
Housing Element's focus areas. Properties within each overlay district should include, but are not limited
to, sites identified in the Housing Element; however, not all sites must be included, and other sites or
adjustments may be identified in the future through rezoning unless precluded by state law. The goal is
to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the
Regional Housing Needs Assessment:
• Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross
acre to accommodate up to 2,577 total dwelling units within the area.
• West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per
gross acre to accommodate up to 1,107 total dwelling units within the area.
• Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross
acre to accommodate up to 2,439 total dwelling units within the area. units per gross acre.
• Dover / Westcliff the intent is to support a density between 20 and 50 dwelling units per gross
acre to accommodate up to 521 total dwelling units within the area.
• Coyote Canyon: the intent is to allow a density between 20 and 60 dwelling units per gross acre
of viable land to accommodate up to 1,530 total dwelling units within the area.
General Plan Land Use Element Policy LU 4.5 is added in its entirety as follows:
LU 4.5 Residential Uses and Residential Densities
Residential use of anypropertyincluded within an established housing opportunity overlay zoning district
is allowed regardless of and in addition to the underlying land use category or density limit established
through Policy LU 4.1, Table LU 1 and Table LU 2, or any other conflict in the Land Use Element. A
general plan amendment is not required to develop a residential use within an established housing
opportunity zoning overlay district. The maximum density specified for the various overlay districts
specified in Policy LU 4.2 is an average over the entire property or project site. For example, a portion of
a development site may be developed at a higher density than specified by Policy 4.4 provided other
portions of the site are developed at lower densities such that the average does not exceed the maximum
Density calculations and total units identified in LU 4.4 do not include units identified as pipeline units
or units permitted pursuant to State density bonus law.
General Plan Land Use Element Policy LU 4.6 is added in its entirety as follows:
LU 4.6 Continuation of Existing Development
Residential opportunities are in addition to existing uses allowed by the General Plan. Properties within
the established overlay zones are not required to be developed for mixed -use or residential. Existing uses
may continue to operate provided they are legally established and consistent with policies and regulations
related to legal nonconforming uses. The adoption of housing opportunity overlaydistricts shallnot affect
existing rights to use the property.
General Plan Land Use Element Policy LU 4.7 is added in its entirety as follows:
LU 4.7 Redevelopment and Transfer of Development Rights
Within an established housing opportunity overlay zone and notwithstanding Policy LU 6.15.5, the
intensity of existing allowed uses of a site may be reconstructed on the site as part of a mixed -use
development provided the gross floor area allowed by the General Plan is not increased, unless it is
increased through a General Plan amendment or densitybonus concession. The intensityof existing uses
may be converted to other uses allowed by the underlying General Plan land use category provided that
average daffy trips and peak hour traffic trips are not increased above the trips from the existing allowed
use. For example, office intensity maybe converted to retail or service commercial, restaurants, or other
nonresidential uses provided the General Plan land use category allows these uses. Nonresidential
intensity not included as a component of a future residential project will remain within the General Plan
allocations on a statistical area -wide basis. The GityCouncil maytransfer the intensity of a use to another
site within the Statistical Area consistent with PohcyLU 4.3 or PolicyLU 6.15.3.
General Plan Land Use Element Policy LU 5.1.3 is amended as follows:
LU 5.1.3 Neighborhood Identification
Encourage and support residential neighborhood identity through the establishment of objective
design and development standards that will distinguish neighborhoods from others in the City. (Imp
1.1, 1.3)
General Plan Land Use Element Policy 6.2.4 is amended as follows:
LU 6.2.4 Accessory Dwelling Units
Support and promote the development of accessory dwelling units and junior accessory dwelling units
in all zones that will allow residential units, to provide a more affordable housing option that helps
the City meet its housing production goals while minimizing the need to rezone for additional future
capacity. (Imp 2.1)
General Plan Land Use Element Policy 6.15.29 is amended as follows:
LU 6.15.29 Priority Uses
Encourage the development of administrative, professional, and office uses that are proximate or
adjacent to residential uses; with accessory retail and service uses that provide jobs for residents and
benefit adjoining mixed -use districts. (Imp 2.1, 24.1)
General Plan Land Use Element Policy 6.4.2 is amended as follows:
LU 6.4.2 Residential
Accommodate a maximum of 1,475 residential units, which shall consist of a mix of single-family
detached, attached, and multi-familyunits to provide a range of choices and prices for residents. (Imp
2.1)
General Plan Land Use Element Policy 6.6.2 is amended as follows:
LU 6.6.2 Residential Types
Support the development of a mix of residential types consistent with the densities permitted by the
General Plan (Figure LU18), which may include single-family attached, townhomes, apartments, and
comparable units, provided the overall average project density of 20 to 50 dwelling units per acre is
not exceeded. (Imp 2.1)
General Plan Land Use Element Policy 6.10.2 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.10.3 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.12.2 is stricken and removed in its entirety.
General Plan Land Use Element Policy 6.15.4 is amended as follows:
LU 6.15.4 Priority Uses
Accommodate office, research and development, and similar uses that support the primary office and
business park functions such as retail and financial services, as prescribed for the " CO- G" designation,
while allowing for the re -use of properties for the development of cohesive mixed -use and residential
developments that are integrated with business park uses. (Imp 2.1)
General Plan Land Use Element Policy 6.15.28 is amended as follows:
LU 6.15.28 Priority Uses
Encourage the development of retail, financial services, dining, hotel, and other uses that support the
John Wayne Airport, the Airport Area's office uses, and, as developed or redeveloped, its residential
neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and
Bristol Street node. (Imp 2.1, 24.1)
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-51 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23rd day of July, 2024; and the same was so passed and adopted by the following
vote, to wit:
AYES: Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery, Councilmember
Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
Councilmember Erik Weigand
NAYS: None
ABSTAINED: Mayor Will O'Neill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 24th day of July, 2024,
yl� 4
Leilani I. Brown
City Clerk
Newport Beach, California
LALtFON�