HomeMy WebLinkAboutIVb_Implementation Program AnalysisAttachment No. 2
Implementation Program Analysis
Implementation Program Analysis
Overview of the analysis
Outlines key tools for implementing the General Plan
Reviews regulations that apply to General Plan
implementation
Identifies considerations and emerging needs
Implementation Program
List of actions and tools
to implement the
General Plan
Tools are mechanisms
at the City’s disposal
that carry out actions
Specific Plans
Interagency
Coordination
Actions implement and
carry out policies
Develop a Specific Plan
for the residential
village proposed for
the Airport Area
Coordinate with school
districts to seek joint-
use facility agreements
Examples:
31 tools are described in
the adopted
Implementation Program
Considerations and Emerging Needs
Reevaluate Unpursued
Programs Waterfront Promenade – walkway from Mariners’ Mile to Lido Village
Adjoining Cities Border Committee
Joint Harbor Management Study with County
General Plan Monitoring Reviewing a specific element in detail each year
Managed Congestion Complete streets could help accommodate growth and development
Accommodating Growth Community resources, infrastructure, and other needs of growing population
Responding to sea level rise
and coastal hazards Potential impacts on people and property
DRAFT
Implementation Program Analysis
General Plan Update
JULY 2024
Prepared for:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
Prepared by:
27271 Las Ramblas
Mission Viejo, California 92691
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Table of Contents
SECTION PAGE NO.
Acronyms, Abbreviations, Key Terms .............................................................................................................................. iii
1 Executive Summary.............................................................................................................................................. 4
2 Introduction .......................................................................................................................................................... 5
3 General Plan Implementation Overview ............................................................................................................. 6
3.1 General Plan ........................................................................................................................................... 6
3.2 Zoning Code ............................................................................................................................................ 6
3.3 Specific Plans ......................................................................................................................................... 7
3.4 Development Plans/Planned Communities .......................................................................................... 7
3.5 Local Coastal Program ........................................................................................................................... 7
3.6 Subdivision Ordinance ........................................................................................................................... 8
3.7 Building and Construction Code ............................................................................................................ 9
3.8 Other Codes and Ordinances ................................................................................................................. 9
3.9 City Council Policy Manual ..................................................................................................................... 9
3.10 Database Management and Development Tracking and Monitoring .............................................. 10
3.11 California Environmental Quality Act .................................................................................................. 10
3.12 Fiscal Impact Analysis ......................................................................................................................... 10
3.13 Development Agreements .................................................................................................................. 10
3.14 Interagency Coordination .................................................................................................................... 11
3.15 Annexation ........................................................................................................................................... 11
3.16 Mobility Infrastructure and Traffic Management ............................................................................... 11
3.17 Water .................................................................................................................................................... 12
3.18 Sewer ................................................................................................................................................... 12
3.19 Storm Drainage.................................................................................................................................... 12
3.20 Public Streetscape Improvement Plans ............................................................................................. 13
3.21 Harbor Resources Planning and Management ................................................................................. 13
3.22 Police and Fire ..................................................................................................................................... 13
3.23 Parks and Recreation .......................................................................................................................... 13
3.24 Economic Development ...................................................................................................................... 14
3.25 Housing Programs ............................................................................................................................... 14
3.26 Code Enforcement ............................................................................................................................... 14
3.27 Property Maintenance and Enhancement ......................................................................................... 14
3.28 Emergency Preparedness and Response .......................................................................................... 15
3.29 Community Involvement ..................................................................................................................... 15
3.30 Municipal Budgeting ........................................................................................................................... 15
3.31 Community Facilities and Special Assessment Districts .................................................................. 16
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4 Regulatory Review ............................................................................................................................................. 17
4.1 Federal ................................................................................................................................................. 17
4.2 State ..................................................................................................................................................... 17
4.2.1 General Plan Consistency ..................................................................................................... 17
4.2.2 Annual Progress Reports ....................................................................................................... 18
4.2.3 Building and Fire Codes ........................................................................................................ 19
4.2.4 Senate Bill 272 ...................................................................................................................... 19
4.3 Local ..................................................................................................................................................... 19
4.3.1 Charter City Powers ............................................................................................................... 19
4.3.2 Zoning Ordinance ................................................................................................................... 20
4.3.3 Charter Section 423 .............................................................................................................. 20
4.3.4 Local Coastal Program and Implementation Program ........................................................ 20
4.3.5 Capital Improvement Program .............................................................................................. 21
4.3.6 Other Adopted Plans .............................................................................................................. 22
5 Issues and Opportunities .................................................................................................................................. 24
5.1 Adopted Implementation Program ..................................................................................................... 24
5.1.1 Ongoing Actions ..................................................................................................................... 24
5.1.2 Incomplete Programs ............................................................................................................ 24
5.2 Emerging Needs .................................................................................................................................. 26
5.2.1 Managing Congestion ............................................................................................................ 26
5.2.2 Accommodating Growth ........................................................................................................ 26
5.2.3 Responding to Sea Level Rise and Other Hazards .............................................................. 27
5.3 Prioritization and Funding ................................................................................................................... 27
5.3.1 Project Prioritization .............................................................................................................. 27
5.3.2 Implementation Grants ......................................................................................................... 28
5.3.3 Special Funding Districts ....................................................................................................... 30
6 Considerations .................................................................................................................................................. 37
6.1 General Plan Monitoring ..................................................................................................................... 37
6.2 Develop a Strategic Approach to the Prioritization of Public Improvements ................................... 37
6.3 Pursue Grant Funding Opportunities .................................................................................................. 38
FIGURES
Figure 1. Coastal Land Use Plan Map .............................................................................................................................. 8
Figure 2. CIP Budget 2023–2024 ................................................................................................................................. 22
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Acronyms, Abbreviations, Key Terms
Acronym/Abbreviation/Term Expanded Form
APR annual progress report
BID Business Improvement District
CCC California Coastal Commission
CDFW California Department of Fish and Wildlife
CFD Community Facilities District
CIP capital improvement program
City City of Newport Beach
City Council Newport Beach City Council
CLUP Coastal Land Use Plan
Corps U.S. Army Corps of Engineers
County Orange County
CPUC California Public Utilities Commission
CRIA Community Revitalization and Investment Authority
EIFD Enhanced Infrastructure Financing District
HCD California Department of Housing and Community Development
HMP Orange County Regional Water and Wastewater Multi-Jurisdictional Hazard
Mitigation Plan
LCP Local Coastal Program
Municipal Code Newport Beach Municipal Code
OPR Governor’s Office of Planning and Research
PCDP planned community development plan
PEIR program environmental impact report
Planning Commission Newport Beach Planning Commission
USFWS U.S. Fish and Wildlife Service
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1 Executive Summary
The adopted Implementation Program is a set of actions that the City of Newport Beach (City) has identified to
realize the goals and implement the policies outlined in nine of the ten adopted General Plan elements, whereas
the implementation of the Housing Element is built into the Housing Element. This Implementation Program Analysis
outlines key tools at the City’s disposal that have been utilized to carry out the actions of the Implementation
Program to implement the adopted General Plan, regulations that apply to or are otherwise relevant to General Plan
implementation, and opportunities for implementing and monitoring implementation progress for the updated
General Plan.
Since the General Plan was adopted in 2006, the City has worked to maintain General Plan compliance with the
City Charter and State laws related to General Plan implementation. This has included ensuring consistency
between the adopted General Plan, Zoning Code, annual capital improvement programs (CIPs), Local Coastal
Program (LCP), and other adopted plans as well as submitting both General Plan annual progress reports (APRs)
and Housing Element APRs to the State.
The City has made progress in carrying out the 77 actions of the Implementation Program. Most actions are either
considered to be complete or ongoing—meaning they require cyclical or constant efforts and cannot be considered
complete—while only a few actions are incomplete. Some of the incomplete actions were attempted but were not
executed due to conflicting decisions by the development community and/or other government agencies, unable
to be implemented due to a lack of funding or capacity, or simply not prioritized. Further, while there is progress in
carrying out the actions of the Implementation Program, some progress has not been made as intended to
implement each of the General Plan policies. While each policy has an associated action, implementation actions
should be developed to allow flexibility throughout the timeline of the General Plan while achieving the overarching
goals and to be responsive to the availability of funding, changing needs, and the priorities of decision-making
bodies.
To develop an updated Implementation Program that addresses ongoing and unmet community needs and
emerging issues while remaining in compliance with State law, new implementation actions must be carefully
selected, reflective of local needs, and carried out as a comprehensive set of actions. Each policy of the updated
General Plan should have at least one corresponding implementation action that is specific enough to implement
the goals of the General Plan. The success of implementation depends on various factors including the
implementation
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2 Introduction
The adopted Implementation Program identifies tools used to carry out the identified actions of the Implementation
Program. The tools identified are mechanisms that the City can use to manage development in the City, outline
processes and procedures to carry out decisions, and maintain and improve public infrastructure, facilities, and
programs. There are 31 tools identified and each is associated with one or more implementation actions that
describe specific measures the City should undertake, for a total of 77 implementation actions. Each policy of the
General Plan has at least one associated implementation action.
The purpose of the adopted Implementation Program is to identify the actions necessary to implement the goals of
the adopted General Plan . While an individual implementation action may help implement one or more policies
from any of the adopted General Plan elements, it may not reiterate some of the more specific standards and
requirements captured in those policies.
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3 General Plan Implementation Overview
General Plan implementation relies on a variety of legal and procedural mechanisms, or tools, that localities rely
upon such as zoning ordinances, specific plans, building codes, code enforcement, Each policy of the adopted
General Plan correlates to one or more implementation action. While there are hundreds of policies in the adopted
General Plan, there are 77 implementation actions that are categorized by 31 tools the City utilizes to implement
the General Plan. The 31 tools described in the adopted Implementation Program are outlined in this section.
3.1 General Plan
The General Plan is the foundation upon which decisions in the City are based. It establishes the long-range policy
framework for future preservation, growth, and development. Implementation of the General Plan relies on a variety
of tools, where zoning is the primary tool used to regulate the use of land. In accordance with Section 20.10.030
of the Newport Beach Municipal Code (Municipal Code), the City requires that its General Plan and Zoning Code
remain consistent. Therefore, if zoning changes are proposed, consistency with the General Plan must be
maintained.
Consistent with State requirements, the City tracks and annually reports on the progress of the General Plan.
Tracking and monitoring the progress made in the implementation of the General Plan can help to identify areas
where adjustments may be needed to achieve the adopted General Plan goals and vision.
The adopted Implementation Program also recognizes that while the adopted General Plan establishes the
framework for how development may occur over time, it may need to be amended from time to time. Therefore,
the City provides a process by which the adopted General Plan may be amended to reflect needed changes.
However, this process does require a certain level of consideration, including a recommendation by the Newport
Beach Planning Commission (Planning Commission) and a final determination by the Newport Beach City Council
(City Council).
3.2 Zoning Code
Zoning is one of the primary tools used to implement the General Plan. The City’s Zoning Code, formally known as
Title 20 of the Municipal Code, is one tool used to enforce and implement the policies of the adopted General Plan,
especially those included in the adopted Land Use Element. Specifically, the Zoning Code defines what may be built
where, and it provides standards for development such as density, intensity, height, setbacks, parking, and
landscaping. Because of the Zoning Code’s interdependence on the General Plan, the City has established an action
to conduct a thorough review of the Zoning Code’s regulations for consistency with the policies of the adopted
General Plan.
Amendments to the Zoning Code for consistency with the adopted General Plan are generally implemented over a
12- to 18-month period. Revisions may include changes to permitted uses, densities, and development standards,
as well as regulations pertaining to development location and design to protect the community’s environmental and
natural resources. Like General Plan amendments, Zoning Code amendments require a recommendation from the
planning commission and final determination by the City Council.
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3.3 Specific Plans
Similar to zoning, specific plans are tools that implement the goals and policies of a General Plan by providing
detailed development standards and guidelines for a defined area or community within a broader jurisdiction.
Statutory requirements of Specific Plans are outlined in Sections 65450–65457 of the California Government
Code. In general, the policies of a Specific Plan are tailored to the unique characteristics of its planning area and
seek to further emphasize these characteristics through visual enhancement or streetscape improvement
programs, for example. In Newport Beach, Specific Plans are regulatory documents that must undergo similar
approval processes like those of a General Plan and currently live in the Zoning Code.
Although the Santa Ana Heights Specific Plan is currently the only adopted Specific Plan in the City, the adopted
Implementation Program has established a program related to the preparation of new Specific Plans and highlights
the Banning Ranch, Airport Area, and West Newport Mesa communities as potential planning areas. Like a General
Plan, the City Council is ultimately responsible for the adoption of all future Specific Plans.
3.4 Development Plans/Planned Communities
In lieu of specific plans, the City provides Planned Community zoning districts, which applies to the development
of large properties. Planned Community zoning districts allow for coordinated and comprehensive development
to properly utilize large-scale planning areas.
3.5 Local Coastal Program
Policies of the California Coastal Act are implemented through the LCP, which consists of a Coastal Land Use Plan
(CLUP) and an Implementation Plan. Similar to the Land Use Element of the General Plan, the CLUP establishes
goals, objectives, and policies governing the use of land and water in the City’s coastal zone, whose boundaries are
indicated in Figure 1: Coastal Land Use Plan Map. The CLUP does not include Newport Coast, which is currently
governed by the separate Newport Coast LCP (administered by Orange County [County]), or the City’s segment of
Banning Ranch, which is considered a Deferred Certification Area and under the permit authority of the California
Coastal Commission (CCC) until an LCP is certified for this area. The Implementation Plan implements the CLUP.
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Figure 1. Coastal Land Use Plan Map
The City has established a program to review and revise the LCP for consistency with the General Plan, as certain
policies related to housing and mixed-use development in the General Plan may deviate from similar policies in the
CLUP. Any LCP amendments must be reviewed by the CCC for certification.
3.6 Subdivision Ordinance
Title 19 of the Municipal Code, known as the City of Newport Beach Subdivision Ordinance, is a tool that controls
the division of land in accordance with the Subdivision Map Act and Government Code Section 66411. It regulates
the design and improvement of subdivisions, requires dedications of public improvements, and establishes
development impact fees and mitigation programs. The Subdivision Ordinance requires conformity with the adopted
General Plan, which entails the review and approval or lot size and configuration, street alignments, street grades
and widths, traffic access, drainage and sanitary facilities, land for public uses and open spaces, and other
development standards.
To ensure its consistency with the adopted General Plan, the City has established a program to review and revise the
Subdivision Ordinance, which may include revisions to policies related to site planning and design, roadway and street
standards and improvements, hazard abatement, and environmental impact mitigation. The program also recommends
modifications of the Subdivision Ordinance to reflect planning practices that promote environmental sustainability, such
as the Leadership in Energy and Environmental Design for Neighborhood Developments Rating System.
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3.7 Building and Construction Code
Building construction within the City’s jurisdiction is regulated by the Newport Beach Building and Construction
Code (Title 15 of the Municipal Code), which includes up-to-date versions of various state, federal, and professional
building codes such as the Uniform Code for Building Conservation, California Building Code, the California Electrical
Code, and the Newport Beach Excavation and Grading Code. Title 15 also includes regulations for other related
matters such as Earthquake Hazard Reduction in Existing Buildings, Abatement of Substandard Buildings, and the
Fair Share Traffic Contribution, which determines the total unfunded costs of fulfilling the adopted Circulation
Element improvements and allocates the cost to future development based on traffic generation rates.
The City has established a program to review and revise the Building and Construction Code to ensure consistency
with the adopted General Plan. Other programs include revisions to the Fair Share Traffic Contribution Ordinance and
the Transportation Demand Ordinance to properly implement policies and programs of the adopted General Plan.
3.8 Other Codes and Ordinances
Similar to zoning, other sections of the City’s Municipal Code and various ordinances function as tools to implement
policies and programs of the adopted General Plan. These include, but are not limited to, the following:
Title 6, Health and Sanitation
Title 9, Fire Code
Title 10, Offenses and Nuisances
Title 11, Recreational Activities
Title 12, Vehicles and Traffic
Title 13, Streets, Sidewalks, and Public Properties
Title 17, Harbor Code
The City has established a program to review and periodically revise all relevant codes and ordinances to ensure
consistency with the adopted General Plan and reflect state-of-the art practices and technologies. The adopted
Implementation Program recognizes that there may be a need to adopt new codes and ordinances based on the adopted
General Plan and includes a program to prepare new codes, ordinances, and guidelines on an as-needed basis.
3.9 City Council Policy Manual
The City Council Policy Manual is a tool containing regulatory policies adopted by resolution of the City Council,
unlike those in the Municipal Code, which require adoption by ordinance. These policies establish rules and
guidelines for City administration, municipal services, operations such as planning and public works, environmental
protection, and coastal activities. Policies in the City Council Policy Manual indicate the direction that the City
Council will take on certain matters and are set and reviewed annually during meetings of the City Council.
The adopted Implementation Program includes a program to review the City Council Policy Manual for consistency
with the adopted General Plan.
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3.10 Database Management and Development Tracking
and Monitoring
The City’s Management Information Systems Division is responsible for maintaining a centralized database
development and support system, which is supported by the development and maintenance of data by individual
departments. This system includes geographic information system (GIS) data that is connected to each parcel in
the City and enables up-to-date geographic analysis and display of information, which helps interested parties such
as City staff and developers understand the development potential for a property or area.
Policies of the adopted General Plan have a direct impact of the development capabilities in the City and, as a
result, will also have an impact on the Management Information Systems Division’s database and tracking and
monitoring programs. To ensure that development-related data is up-to-date and that development decisions are
well-informed, the Implementation Program includes programs to maintain these tools on a continuous basis.
3.11 California Environmental Quality Act
For the adopted General Plan, the California Environmental Quality Act (CEQA) required the preparation of a program
environmental impact report (PEIR). The adopted PEIR is written to the level of specificity of the goals, policies and
programs of the adopted General Plan Land Use Plan and may serve as reference for the preparation of other CEQA-
mandated General Plan documents, Specific Plans, capital improvements, and other actions defined in the General
Plan. Additionally, certain provisions such as mitigation measures defined in the PEIR have been incorporated into
the adopted General Plan as policies, so that all requirements are specified within the same document.
The adopted Implementation Program recommends that all entitlement and development applications be subjected
to review based on guidance from the City Council Policy Manual Implementation Measures for CEQA. Known as
“Policy K.3,” these measures define all activities that may be subject to or exempt from standard CEQA procedures,
related processing fees, and the roles and responsibilities of the City’s planning director.
3.12 Fiscal Impact Analysis
The analysis of the balance of costs of public services and revenues that are derived from the adopted General
Plan’s permitted land uses are calculated through a fiscal impact model. This model serves as a tool to evaluate
development proposals, annexations, and related actions that help the City make progress toward meeting goals
of the adopted General Plan.
The adopted Implementation Program includes programs that require the City to maintain and update its fiscal
impact model so that it remains a useful resource. It also requires the City to evaluate the fiscal impacts of
significant development projects and General Plan amendments.
3.13 Development Agreements
Chapter 15.45 of the Municipal Code requires contractual agreements between the City and developers to provide
assurances to both parties related to a development’s entitlement, guidelines, and public benefits. Agreements
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must also state the validity period of the agreement, permitted uses of the development, development standards
such as density and height, and any provisions related to the public use of the land, if applicable.
The provisions of any given development agreement must be consistent with those of planning documents such as
the adopted General Plan. Depending on the planning area, this may also include Specific Plans and the CLUP. The
adopted Implementation Program establishes a program to process development agreements that specifically
includes new master-planned residential communities and large-scale commercial and mixed-use projects.
3.14 Interagency Coordination
Successful implementation of General Plan goals, policies, and programs relies on the City’s ability to collaborate
with local, state, and federal agencies, as well as private and semi-private institutions. For example, the City may
need to coordinate with the Orange County Transportation Authority (OCTA) on goals and policies related to those
defined in the City’s Circulation Element.
To meet the goals and implement policies of the adopted General Plan, the adopted Implementation Program
establishes several programs that encourage cooperation and coordination with a diverse mix of entities that
include, but are not limited to:
Neighboring cities of Irvine, Huntington Beach, and Costa Mesa
School districts operating within the City
OCTA
California Department of Housing and Community Development (HCD)
U.S. Environmental Protection Agency
3.15 Annexation
The City may annex additional land into its jurisdiction with the approval of the Local Agency Formation Commission
and registered voters who live in the area proposed to be annexed, or property owners if there are no residents
within a given property. The adopted General Plan directly impacts the annexation of additional land into the City,
as all zoning for the intended area must be consistent with the provisions of the adopted General Plan. A review
must be conducted to assess the environmental impacts of acquiring land, identify the feasibility and the financial
costs of providing public services, and conduct a fiscal impact study using the fiscal impact model that was
developed for the adopted General Plan.
The adopted Implementation Program includes a program that encourages the City to reach a development
agreement with property owners on lands with the potential for annexation, specifically Banning Ranch. All resulting
development must be consistent with the adopted General Plan’s goals and policies.
3.16 Mobility Infrastructure and Traffic Management
The adopted General Plan includes goals and polices related to the planning, engineering, and improvement of City
streets and trails, as well as the proper management and control of traffic. These responsibilities are assumed by
the City’s Department of Public Works to improve levels of service as specified in the adopted General Plan. Needed
improvements are prioritized and funded by the City’s CIP, which is reviewed annually.
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The adopted Implementation Program includes actions to enhance the City’s mobility infrastructure and address
issues of traffic management, which are based on the goals, policies, and programs of the adopted General Plan.
These include the improvements of arterial streets and highways, continued monitoring of traffic and roadway
conditions, improved parking supply and management, and improved public transportation.
3.17 Water
The adopted General Plan considers that water demands will further increase as the City continues to grow. Water
services are provided by the City, the Irvine Ranch Water District, and the Mesa Consolidated Water District, each of
which maintain their own services and facilities that are necessary to meet the demands of the City’s population.
These demands are continually monitored and inform updates to each agency’s master plans and practices.
To address the growing need and demand for water, the adopted Implementation Program has established a
program to maintain and implement urban water management plans and further encourage conservation of water
supply within the City through strategies such as the use of recycled water, tiered use rates, and rainwater retention
for private developments. Development capacities defined in the adopted General Plan shall be shared among
water servicers to inform future operational improvements.
3.18 Sewer
Like water services, the adopted General Plan understands that sanitation services and sewage capacities must
change in response to new development throughout the City. These services are provided by the City, the Irvine
Ranch Water District, and the Costa Mesa Sanitation District, each of which maintain individual master plans for
services, facilities, and improvements necessary to support projected growth. The Orange County Sanitation District
treats and properly disposes of wastewater that it collects from these agencies.
To address the growing need and demand for these services, the adopted Implementation Program has established
a program to further maintain and implement sewer master plans. Development capacities defined in the adopted
General Plan shall be shared among sanitation service providers to inform existing and planned improvements to
meet the needs of the future population.
3.19 Storm Drainage
The City’s storm drainage systems are vital in mitigating impacts associated with high rainfall and flooding. The City
works with the County and local community associations to oversee the operations and maintenance of these
systems. Specifically, the City is responsible for local improvements while the County is responsible for maintaining
the region’s flood control system; the City’s Public Works Department and the County’s Public Resources and
Facilities Department frequently coordinate on matters related to drainage improvements.
Similar to other utilities and public services, storm drainage systems must be maintained and improved to meet
the needs of future populations. As such, the adopted Implementation Program has established a program for both
the City and the County to periodically review and update their storm drain Master Plans. These plans must conform
to regional, state, and federal regulatory requirements and must be adequate to serve permitted development as
outlined in the General Plan.
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3.20 Public Streetscape Improvement Plans
Policies in the adopted General Plan provide direction for the implementation of public streetscape improvements,
which may include street trees, landscaping, medians, decorative materials, lighting, and benches. These policies
are intended to create active environments for pedestrians and/or improve the general aesthetic quality of
communities in the City, such as Mariner’s Mile and Newport Harbor.
The adopted Implementation Program establishes programs that encourage the design, funding, and construction
of streetscape improvements throughout the City and of the waterfront promenade on Newport Harbor. The adopted
Implementation Program also includes a program requiring the City to develop a plan for the funding and
construction of designated public view sites as specified in the adopted Natural Resources Element of the adopted
General Plan.
3.21 Harbor Resources Planning and Management
The City’s harbor and tidelands are of great value and significance to the City, as made evident by the policies of
the adopted Harbor and Bay Element. The goals and the policies of the City’s Harbor Resources Division are tools
that guide implementation of the adopted General Plan’s policies. Division staff are responsible for duties related
to pier and mooring permits, harbor dredging, debris pickup, and other activities associated with the City’s harbor
and tidelands.
The adopted Implementation Program establishes a program requiring the Harbor Resources Division to review their
goals and policies for consistency with the adopted General Plan. Other programs recommend the development of a
harbor area management plan to better manage the resources of the harbor and tidelands and improve interagency
coordination with County communities near the harbor to facilitate the management of these areas.
3.22 Police and Fire
The City’s police and fire departments provide public safety services throughout the City and are responsible for
maintaining facilities that enable them to do so. It is vital that department capacity grows alongside the City’s
population. As such, the adopted Implementation Program establishes a program requiring both departments to
maintain, implement, and periodically update their plans and operations. Department growth and expansion, which
may entail potential facility additions, will be informed by data on emergency response times, number of incidents,
and other operational statistics.
3.23 Parks and Recreation
The development and operation of the City’s public parks are directly impacted by the goals and policies of the
adopted Recreation Element, which identifies specific needs related to the City’s parks, beaches, community
centers, and other facilities. Responsibilities related to parks and recreational facilities are administered by the
City’s Recreation and Senior Services Department and the General Services Department.
Because the City is mostly developed, the adopted General Plan understands that the potential for the development
of a large park is limited, and that most new parklands will be developed within or adjacent to existing development.
As such, most programs in the adopted Implementation Program relate to the maintenance and improvement of
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plans, facilities, and the programs offered through parks and recreational facilities. Programs recommend periodic
assessments of residents’ recreational needs and as-needed updates to services and programs. This will entail
participation from relevant City departments and the City’s Parks, Beaches, and Recreation Commission. Despite
limited potential for new parks, the City will continue to enforce requirements for parkland dedication as new
development arises.
3.24 Economic Development
Policies and programs that bolster the City’s economic vitality serve to protect residents’ quality of life, help fund
high-quality municipal services and programs and maintain the City’s infrastructure and an overall healthy economy.
Many of these initiatives intend to preserve the City’s unique commercial villages and priority improvement areas,
the latter of which includes Balboa Village, Cannery Village, Corona del Mar, Lido Village, Mariner’s Mile, McFadden
Square, and West Coast Highway.
The adopted Implementation Program establishes a program encouraging the adoption and implementation of the
Strategic Plan for Economic Sustainability, which should include actions that directly implement the goals and
policies of the adopted General Plan. Although ultimate approval relies on the City Council, the plan is to be
completed by the Economic Development Committee, a group established by the City Council with the intent to
foster collaborative relationships with business owners and business groups such as the Chamber of Commerce,
Building Industry Association, and Business Improvement Districts.
3.25 Housing Programs
The City’s Planning Department is responsible for administering and implementing policies in the City’s adopted
Housing Element related to housing conservation, development, affordability, and access. State law requires the
City to meet these goals and update the Housing Element in accordance with the State’s Housing Element cycles.
The adopted Implementation Program establishes an action for the City to maintain and implement programs
defined in the Housing Element and update them as required by State law.
3.26 Code Enforcement
The City’s public health and safety, character of its neighborhoods, and overall quality of life rely heavily on the
enforcement of policies and programs under the City’s Building and Zoning Ordinances. These codes and
ordinances implement the General Plan and are essential to safe and orderly operations. As such, the adopted
Implementation Program establishes a program to continue enforcement of codes and ordinances. It also
recommends that the City consider proactive inspection of areas with high frequencies of complaints to further
safeguard the City’s public health and safety.
3.27 Property Maintenance and Enhancement
In addition to code enforcement based on ordinances, the City also encourages other property maintenance and
improvement programs such as those that require retrofitting of unreinforced masonry building during remodel
projects. Programs of the adopted Implementation Program specifically encourage seismic retrofitting and
strengthening of essential facilities vulnerable to the impacts of seismic activities such as earthquakes and tsunamis.
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3.28 Emergency Preparedness and Response
In addition to standard public safety services, the City’s Police and Fire Departments also maintain emergency
preparedness, response, and recovery programs in the event of criminal activities or serious hazard events such as
earthquakes, wildfires, landslides, and flooding.
The adopted Implementation Program includes programs requiring both departments to maintain databases on
these events, as they may inform the development of new facilities and emergency response programs, as well as
new personnel needed for operations. Furthermore, both departments must maintain their current emergency
programs and shall develop agreements with relevant parties such as neighboring jurisdictions and state and
federal agencies.
3.29 Community Involvement
Community events and meetings provide the residents and business owners of Newport Beach with ample
opportunities to get involved with decision-making processes related to services, programs, and initiatives, including
regulatory frameworks such as the General Plan, Specific Plans, and the Zoning Code. These opportunities are
supplemented by public meetings of boards, commissions, and committees on specific matters, which include, but
are not limited to:
Board of Library Trustees
City Arts Commission
Civil Service Board
Parks, Beaches, and Recreation Commission
Planning Commission
Economic Development Committee
General Plan Advisory Committee
To ensure that residents and business owners become active participants in decision-making processes that shape
the City’s future, the adopted Implementation Program establishes actions to educate the community via online
webpages, flyers and newsletters, and community workshops. Programs also encourage the City to work with the
Arts Commission to rally increased community support for the City’s arts, culture, and historic resources, as well as
environmental and recreation-based initiatives.
3.30 Municipal Budgeting
The City’s General Fund provides funding for CIPs and the operations of most municipal services such as police and
fire services, refuse and waste collection, the public library system, recreation programs, planning and building,
engineering, general clerical, and administrative City duties. Each of these department’s operations help support
implementation of the adopted General Plan’s policies and programs. The General Fund receives its revenue
through property, sales, and transient taxes, as well as licenses, fees, permits, and other revenue.
To maintain the General Fund, the adopted Implementation Program includes a program requiring the City to
maintain its annual budgets and adopt a CIP for facilities such as highway and street improvements and other
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planning programs. The General Fund will receive additional sustenance from impact and user fees such as
development impact fees, park dedication and in-lieu fees, and tideland revenue fees.
3.31 Community Facilities and Special
Assessment Districts
The City’s community facilities and assessment districts were created for the funding of infrastructure and
services, such as water and sewage, needed to support future development. All development in the district is
required to pay costs and fees as a contribution. Property owners must vote on the implementation of districts
for developed properties.
The adopted Implementation Program establishes a program encouraging the City to consider the establishment
of new community facilities and assessment districts, specifically in areas where extensive redevelopment may
occur and for large parcels that may be developed. It also considers the creation of Lighting and Landscape Districts
for the purposes of improving a community’s aesthetic character.
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4 Regulatory Review
This section outlines legal requirements and considerations relevant to the adopted Implementation Program. It
considers federal, state, and local requirements and other relevant laws and regulations. This update of the
Implementation Program will ensure that all regulations and requirements in this section are satisfied.
4.1 Federal
While there are no legal requirements for the adopted Implementation Program at the federal level, many federal
implementation grants—which many jurisdictions rely on to implement their General Plans—require consistency
between capital projects funded in part or in full by federal grant funding and local, regional, and state plans. For
example, for federal funding or approval of capital improvement projects, the Clean Air Act requires that population
projections for planning capital facilities are consistent with the assumptions of the regional air quality management
plan adopted as part of the State Implementation Plan, which describes how air quality management districts
(AQMDs) that have not met air quality standards will attain those standards.1 As such, the federal government
prioritizes funding capital programs that conform to the State Implementation Plan for funding implementation.
The Federal Inflation Reduction Act of 2022 earmarked $370 billion for investment in clean energy and various
capital improvement projects. This allocation stands as the most significant single investment in the history of the
United States toward advancing renewable energy infrastructure, alternative fuels, energy-efficient homes and
buildings, natural area restoration, and ecosystem projects. These funds, distributed through federal grants and
programs, are open for application by the City, its residents, and businesses, providing opportunities for a broad
spectrum of capital improvement initiatives.
4.2 State
The following are state requirements and regulations relevant to the Implementation Program.
4.2.1 General Plan Consistency
State law does not require that charter cities, such as Newport Beach, make their zoning consistent with their
General Plans. However, ordinance 2010-21 Section 1, codified in Chapter 20.10.030 of the Municipal Code,
requires all provisions of the Zoning Code to be consistent with the adopted General Plan and that any development,
land use, or subdivision approved in compliance with these regulations will also be consistent with the adopted
General Plan. Projects undertaken as part of the CIP must also be consistent with the adopted General Plan. Local
planning agencies are required to annually review the CIP of the City (or County) and other local agencies’ public
works projects to ensure consistency with the General Plan per Government Code Section 65103(c). As part of the
CIP review process, all departments and agencies within the local government that construct capital facilities,
including school districts and special districts, must submit a roster of proposed projects to the planning agency
per Government Code Section 65401. To fulfill this requirement, jurisdictions often prepare and annually revise a
1 Federal clean air laws require areas with unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, nitrogen dioxide, and sulfur dioxide to develop State Implementation Plans. State Implementation Plans are comprehensive plans that
describe how an area will attain national ambient air quality standards (NAAQS). The 1990 amendments to the federal Clean Air
Act set deadlines for attainment based on the severity of an area’s air pollution problem.
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5- to 7-year CIP in lieu of reviewing projects on an individual basis or those planned for a single year. The CIP
includes projections of annual expenditures for acquisition, construction, maintenance, rehabilitation, and
replacement of public facilities and buildings, which include sewer, water, and street improvements; streetlights
and traffic signals; parks; and police and fire facilities.
Coordinating the CIP with the General Plan and its adopted policies can help to appropriately shape and time growth
of urban areas or to stabilize and rehabilitate older neighborhoods, if applicable. In addition, capital improvements
should be coordinated with neighboring jurisdictions, as the location of public buildings and facilities may impact
surrounding communities and either encourage or deter growth in certain areas. This is especially true of the region
in which the City is located, where city boundaries abut one another and many public facilities are either shared or
directly connect (e.g., major roads, sewer facilities).
4.2.2 Annual Progress Reports
To provide legislative bodies and the public information regarding General Plan implementation and status,
pursuant to Government Code Section 65400 and 65700, all jurisdictions are required to provide a separate
General Plan APR and Housing Element APR by April 1 each year to the Governor’s Office of Planning and Research
(OPR) and HCD, respectively. Prior to 2019, charter cities like Newport Beach were exempt from this requirement,
but they are no longer exempt per Senate Bill 133, which amended Government Code Section 65700. The General
Plan APR outlines the status of the General Plan and progress on implementation over the previous 12-month
reporting period. While there is no required form for the General Plan APR, it should assess compliance with OPR’s
General Plan Guidelines; priorities for land use decision-making established by the local legislative body; goals,
policies, objectives, standards, or other proposals that were added, deleted, or amended; planning activities
initiated; General Plan amendments; and major development applications processed, among other items. The
Housing Element APR outlines the status of adopted Housing Element programs and the progress made toward
Regional Housing Needs Assessment targets. Unlike the General Plan APR, the Housing Element APR must follow
a standardized form provided by HCD. There is no standardized format for the preparation of the General Plan APR.
However, the intent of the General Plan APR is:
To provide enough information to allow local legislative bodies to assess how the general plan is being
implemented in accordance with adopted goals, policies, and implementation measures.
To provide enough information to identify necessary course adjustments or modifications to the general
plan as a means to improve local implementation.
To provide a clear correlation between land use decisions that have been made during the 12-month
reporting period and the goals, policies, and implementation measures contained in the general plan.
While the City annually reports on the progress made toward implementing the adopted General Plan, the actions
of the Implementation Program are applied to several policies throughout the General Plan and the reported
progress in implementation of a specific action does not necessarily consider each of the applicable policies. To
consider each implementation action through the lens of each applicable policy would be a significant undertaking
to perform on an annual basis which could be better managed through APRs that have enhanced focus on specified
elements in some years to allow for a more detailed analysis. Further, while the policies of the General Plan help
shape the actions and decisions of the government agency, policies are carried out on a project-by-project basis
through zoning decisions, permit approvals (or denials), and other individual actions on the part of the local
government. For this reason, General Plan policies are not intended to be overly specific, but must instead set the
stage for implementation. For example, policies that plan to enhance neighborhood character, require attractive
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landscaping, or strengthen arts education should be considered as applicable decisions are made but are not easily
checked through an individual action.
4.2.3 Building and Fire Codes
Both the California Building Code, which sets building standards for nonresidential buildings, and the California
Residential Code, which sets building standards for homes, delegate the enforcement of building standards and
housing codes to local building departments, aiming to establish uniformity and minimum standards for the health,
safety, and welfare of the public. The Building and Residential Codes primarily affect new construction and
rehabilitation but also address existing buildings’ use, maintenance, occupancy changes, and safety hazards. State
law allows cities and counties to modify building standards based on local conditions, promoting affordable housing
and historic preservation.
Local building departments can authorize alternative materials and construction methods if they meet equivalent
safety standards. Provisions in the law support the use of original materials in historic preservation and offer flexibility
in earthquake-prone areas. Code enforcement and abatement procedures, guided by State laws, empower local
governments to address substandard or unsafe buildings through citation, misdemeanor actions, and mandates for
repair, abandonment, or demolition, aligning with the adopted Land Use, Housing, and Safety Elements.
Fire codes play a crucial role in the implementation of building standards, with additional State requirements
addressing fire safety. Local codes must comply with fire safety regulations to ensure that buildings adhere to
specific State standards related to fire prevention, protection, and emergency response.
4.2.4 Senate Bill 272
Senate Bill 272 requires that all local governments within the coastal zone prepare a sea level rise plan by 2034.
Local governments that approve such a plan before 2029 will be prioritized for receiving funding for implementation
of adaptation measures for sea level rise. Policies and programs identified through the City’s adaptation planning
may require formal amendments and updates to both the LCP and the adopted General Plan in the future.
4.3 Local
This section outlines local requirements and regulations relevant to the adopted Implementation Program.
4.3.1 Charter City Powers
Newport Beach is a charter city. Charter cities differ from general law cities in several key areas. In some cases,
charter cities may retain local authority even when their enactments conflict with state law, such as with municipal
affairs (i.e., not a matter of statewide concern). When in question, the decision for what may be considered a
municipal affair is ultimately determined by the courts, rather than the legislature. Courts have consistently
determined the following to be “municipal affairs”:
Municipal election matters
Land use and zoning decisions (with some exceptions)
Tax dollar expenditures
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Municipal contracts, provided the charter or a city ordinance exempts the city from the Public Contract
Code, and the subject matter of the bid constitutes a municipal affair
Courts have consistently defined the following as “matters of statewide concern”:
Traffic and vehicle regulation
Tort claims against a governmental entity
Regulation of school systems
By contrast, general law cities’ regulatory authority may be restricted if the proposed local ordinance or regulation
conflicts with federal or state general laws.2
4.3.2 Zoning Ordinance
A primary way the City implements its adopted General Plan is through its zoning ordinance. These local regulations
are codified in the Zoning Code and regulate the type, intensity, density, extent, location, and character of land
uses. While the adopted General Plan describes the long-term vision for the City and the goals, policies, and actions
to achieve that vision, the zoning ordinance is the local law that establishes requirements and standards to
implement General Plan goals, policies, and the Implementation Program. For this reason, it is imperative that
zoning ordinances are consistent with the adopted General Plan.
4.3.3 Charter Section 423
Section 423 of the Newport Beach City Charter, which went into effect on November 7, 2000, requires voter
approval of “major amendments” to the adopted General Plan. Proposed amendments must first be considered
and approved by the City Council before the electorate; approval is contingent on a majority vote by the electorate.
Under Section 423, a major amendment is one that “significantly increases the maximum amount of traffic that
allowed uses could generate, or significantly increases allowed density or intensity.” “Significant increases” could
entail either 100 or more peak-hour trips (traffic), 100 or more dwelling units (density), or 40,000 or more square
feet of floor area (intensity).
Furthermore, Section 423 encourages the City Council to adopt implementing guidelines that are consistent with
its purpose and intent.
4.3.4 Local Coastal Program and Implementation Program
The CCC maintains regulatory authority and permitting jurisdiction over the use of land and water in the coastal
zone until a local government prepares an LCP that includes both a coastal land use plan and an implementation
plan. The adopted Newport Beach LCP was certified by the CCC in 20173 and has been amended regularly to clarify
and update existing policies and to incorporate new policies to reflect emerging planning issues and the best
available science. The certified LCP acts as the standard regulatory and permitting guide for development in the
2 League of California Cities (n.d.), “Charter Cities: A Quick Summary for the Press and Researchers,” accessed December 28, 2023,
https://www.cacities.org/UploadedFiles/LeagueInternet/03/0384277b-0e15-4421-b252-052b3f5c5dcc.pdf.
3 The Land Use Plan portion of the Local Coastal Program was first certified by the CCC in 2005, and the Implementation Plan followed
in 2017. An LCP is not considered certified until both the land use plan and implementation plan are approved by the CCC.
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coastal zone within the City and its sphere of influence, with the exception of Newport Coast and Banning Ranch.
The CLUP of the certified LCP includes three key chapters: Land Use and Development, Public Access and
Recreation, and Coastal Resource Protection. The certified LCP acts in tandem with the adopted Land Use Element,
which provides specific densities and number of permitted units for select parcels in the City. Where conflicts may
arise between the certified LCP and the adopted Land Use Element, the plan with the identified intensity or density
that is most protective of coastal resources shall prevail.
4.3.5 Capital Improvement Program
Capital facilities must be consistent with the adopted General Plan, per Government Code 66473 and Friends of B
Street v. City of Hayward (1980) 106 Cal.App.3d 988. Publicly owned facilities such as streets and roads, water and
sewer facilities, public buildings, and parks are each considered capital facilities, and improvements for each are
generally identified in the CIP.
The City recently adopted its fiscal year 2023–2024 through 2028–2029 CIP budget. The adopted CIP includes
public facilities improvements, streets and drainage improvement projects, transportation projects, parks
maintenance and improvement, harbor projects, beach sand management, water and wastewater infrastructure
maintenance and improvements, and utilities undergrounding. Although the City has identified specific projects,
the CIP budget is a living document that evolves to reflect community goals and needs. The budget totals
approximately $29.4 million in new appropriations and $45.9 million in budgeted funds carried over from fiscal
year 2022–2023—a grand total of $75.28 million.
The CIP continues to evolve to reflect ongoing community and City goals. Following the City’s budget principles, the
CIP furthermore aims to provide a well-maintained, attractive, and safe community; maintain a fiscally responsible,
effective city government; and maintain property and its value. Towards these aims, the CIP prioritizes streets and
drainage (comprising 34.8% of the total CIP budget for 2023–2024); facilities (comprising 31.9%); and parks,
harbors, and beaches (comprising 13.2%). Figure 2, CIP Budget 2023–2024, displays the 2023–2024 budget for
each budget category:
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Figure 2. CIP Budget 2023–2024
4.3.6 Other Adopted Plans
The Harbor Area Management Plan serves as a crucial resource management instrument for the City, facilitating
progress in essential sediment management, water quality, restoration, and public use projects. These projects are
integral to achieving overarching objectives, which include (1) preserving the advantageous uses of the Upper and
Lower Newport Bay; (2) establishing a pragmatic framework to fulfill regulatory obligations outlined in existing and
future municipal discharge permits, sediment management permits, total maximum daily loads, and other
regulatory programs specific to Newport Bay; and (3) fostering a sustainable estuary ecosystem that can be
seamlessly integrated with sustainable watersheds upstream and with the surrounding coastal area systems.
The City’s adopted Land Use Element identifies Specific Plans for seven areas, including Newport Shores, Central
Balboa, Old Newport Boulevard, and Mariner’s Mile. However, the October 2010 Comprehensive Zoning Code
Update eliminated Specific Plan districts and replaced them with existing zones based on the General Plan, except
for the Santa Ana Heights Specific Plan. Chapter 20.90 (Santa Ana Heights Specific Plan) of the Newport Beach
Zoning Code specifies the design guidelines, land use regulations, and various districts for specific uses.4 Objectives
of the Specific Plan include improving residential and commercial areas, providing adequate buffers between
residential and business park and commercial districts, providing adequate public facilities to support development,
and facilitating increased equestrian opportunities in permitted residential areas, among others.
The West Newport Mesa Streetscapes Master Plan, adopted in 2016, plans improvements to streets and roads in
a portion of the City that shares a border with the City of Costa Mesa, bound by 16th Street, Monrovia Avenue,
4 City of Newport Beach, “Chapter 20.90. Santa Ana Heights Specific Plan,” October 26, 2010,
https://www.newportbeachca.gov/Pln/Zoning_Code_Adopted/Chapter_20.90.pdf.
35%
32%
13%
8%
4%3%3%2%
CIP Budget 2023-2024
Streets & Drainage
Facilities
Parks, Harbors & Beaches
Water
Miscellaneous
Water Quality & Environmental
Transportation
Wastewater
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Hospital Road, and Newport Boulevard. The Streetscapes Master Plan provides a vision and phased
implementation plan to create functional and aesthetic improvements to the public right-of-way toward a Complete
Streets design philosophy, including new landscaping to enhance stormwater capture to reduce runoff and reduce
the urban heat island effect, as well as street design concepts, including lighting and site furnishings, to encourage
walking, biking, and other forms of active mobility.
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5 Issues and Opportunities
This section identifies potential issues and opportunities to be addressed in the updated Implementation Program
including legal requirements for additional implementation actions, ongoing or incomplete actions that may need
to be carried over, and potential new actions to address emerging issues. Lastly, it identifies opportunities for
project prioritization and available grant programs that may help reduce reliance on the City’s general fund and
present opportunities to fund innovative solutions.
5.1 Adopted Implementation Program
Actions in the adopted Implementation Program may be considered to be continued, revised, or excluded in the
updated Implementation Program.
5.1.1 Ongoing Actions
Most implementation actions are ongoing efforts that will continue to be undertaken for the foreseeable future and
will thus need to be carried over into the updated Implementation Program. This is because many implementation
actions do not necessarily begin or end, but are instead regular functions of the City. For example, Imp. 1.1, Ensure
that Private Development and Capital Improvements Are Consistent with the General Plan, is at the core of the local
planning process and should continue to be implemented for the foreseeable future. Moreover, many programs
involve periodically updating or ensuring consistency with planning documents such as the General Plan, Housing
Element, Zoning Code, and LCP. For example, Imp. 2.1, Amend the Zoning Code for Consistency with the General
Plan, is an action that may be necessary whenever General Plan amendments are made, including this update to
the General Plan. Lastly, there are many implementation actions aimed at improving and maintaining public assets
which, due to regular use, require continuous maintenance and updates. For example, Imp. 16.1, Improve Arterial
Streets and Highways According to Classification, remains relevant even after street improvements are made
because roads deteriorate and travel patterns change, requiring additional improvements over time.
For these reasons, most of the adopted implementation actions focused on plan updates, processes, and
improvements to public resources will remain important and many will need to be carried over into the updated
Implementation Program. Ongoing actions that have proven effective may be carried over without revisions, while
others may need to be revised and updated to reflect current City resources and processes as well as the priorities
and needs of the community as determined through the General Plan Update outreach and engagement process.
5.1.2 Incomplete Programs
While a vast majority of adopted implementation actions are ongoing or were completed during the adopted General
Plan cycle, a few programs remain unaddressed or incomplete. This update to the Implementation Program is an
opportunity to carry over or revise incomplete programs that are still valuable to the community and eliminate those
that are no longer needed or are not feasible. This section provides an overview of the adopted implementation
actions that have either been unaddressed or incomplete.
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5.1.2.1 Imp. 7.2 Revise Fair Share Traffic Contribution Ordinance
This implementation action was put on hold so that it could be updated along with the General Plan and reflect the
considerations made in the newly adopted Circulation Element. The 1994 amended version is still effective. This
update to the Implementation Program is an opportunity to consider updating the Fair Share Traffic Contribution
Ordinance to raise revenue for anti-congestion measures.
5.1.2.2 Imp. 14.1 Adjoining Cities
This implementation action tasks the City with establishing a border committee to coordinate with neighboring cities
on issues that affect the region and share resources. However, no border committee has been established and,
therefore, intercity coordination has occurred on an irregular or as-needed basis. Because this action lacks specific
objectives for intercity coordination, it may be valuable to revise it to include more specific tasks for the border
subcommittees or eliminate it altogether if this is no longer a priority of the City.
5.1.2.3 Imp. 15.1 Encourage Annexation of Banning Ranch Prior to Development
This implementation action was not able to be completed, as the property owner initially decided to pursue a PCDP
(which would not have been annexed) and was then denied a Coastal Development Permit by the CCC. Instead, the
title for this property is now held by the Mountains Recreation and Conservation Authority and preserved as open
space for habitat restoration and outdoor recreation. Current efforts include the pursuit of a Master Plan that
includes restoration and public access improvements. For this reason, the land will likely remain undeveloped and
maintained as open space. Desires to annex this area into the City’s boundaries should be considered through this
General Plan Update process and would involve coordination with the Local Agency Formation Commission (LAFCO).
5.1.2.4 Imp. 20.2 Design, Fund, and Construct Waterfront Promenade
This implementation action tasks the City with developing a waterfront promenade along the harbor. It provides
flexibility for this waterfront to be entirely publicly funded, or jointly publicly and privately funded by private
developers whose property may be included along the harbor. While efforts have been made to implement this
action, including a plan for a walkway from Mariner’s Mile to Lido Village along Newport Harbor, no promenade has
been permitted, funded, or constructed. The proposed Newport Village Mixed-Use Project would achieve some of
the goals of this action by redeveloping the waterfront along Mariner’s Mile. This project is currently undergoing
environmental review, and there is opportunity for the City to work with the developer to ensure that the project
aligns with the long-term vision for the area. Further, the General Plan Update can consider potential funding
strategies to implement the promenade.
5.1.2.5 Imp. 21.4 Harbor Operations and Management
This implementation action involves conducting a study with the County of Orange to assess costs and efficiency of
existing joint harbor management practices. This study would be used to reevaluate management practices to
reduce costs and improve management of the harbor overall. However, the study has yet to be conducted, and
existing joint management practices will continue for the foreseeable future. If the community is still interested in
exploring opportunities to manage the harbor differently, this action may be revised and included in the updated
Implementation Program.
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5.2 Emerging Needs
The following emerging needs have been identified through the General Plan Update Existing Conditions and
Background Analyses for various topics. Some of these needs are not currently addressed in the Implementation
Program, while others are addressed but have changed or compounded due to environmental, socioeconomic, and
legal changes that have occurred during the planning period.
5.2.1 Managing Congestion
Traffic and parking shortages during peak hours and seasons are not new issues in the community. Moreover, they
are regional issues that cannot be solved by the City alone. Nonetheless, congestion in the City is increasing due to
population growth and continued development, as discussed in the Resilience Existing Conditions and Background
Analysis. This update to the Implementation Program presents an opportunity to identify implementation measures
that align with the recently updated Circulation Element to implement Complete Streets and to develop a land use
plan that supports and connects an integrated transportation system.
Complete streets are streets where alternatives to driving are safe, accessible, and enjoyable. They include more
pedestrian and bike infrastructure, fewer car lanes, traffic calming measures, transit stops, and amenities that
improve the pedestrian experience such as street trees, benches, and commercial opportunities. The City has
already been working to promote Complete Streets by working with the Orange County Council of Governments and
the Southern California Association of Governments to review the Orange County Complete Streets Memo (see Imp.
16.5), updating its Circulation Element in 2022 with policies related to complete streets, reducing vehicle miles
traveled, and adopting and implementing the Newport Beach Bicycle Master Plan. In this update to the
Implementation Program, the City may consider including implementation actions to further support these efforts
and the updated Circulation Element policies.
While Newport Beach is served by several OCTA bus lines, these lines are fixed along arterial roads and are not
always focused on serving populations with specific needs and destinations. For example, visitors to Newport Beach
may find existing bus lines inconvenient for reaching common destinations like Balboa Peninsula and thus choose
to drive. This contributes to congestion and parking issues, especially during the summer. To address this issue,
the City implemented the Balboa Peninsula Trolley, which offers free rides along the Balboa Peninsula. While this
action has proven effective, funding from OCTA expired in 2023, and the City will need to identify additional funding
to continue providing the service. There is an opportunity to include an implementation action to secure funding
and continue to provide demand-responsive transit services such as the Balboa Peninsula Trolley and OASIS
Transportation Service for older adults.
5.2.2 Accommodating Growth
As discussed in the adopted 6th Cycle Housing Element, the population of Newport Beach and surrounding areas
is projected to grow, and the City has planned for additional housing units to accommodate this growth. The General
Plan update—including the update to the Implementation Program—will need to consider the impact of additional
residents on public resources, facilities, and programs. Additionally, it will need to consider the potential need for
additional resources to support new residents. As discussed in the Land Use and Recreation Existing Conditions
and Background Analyses, this may mean planning for additional resident-serving commercial uses, schools,
recreation, public facilities, transportation infrastructure, and maintenance. Because policies pertaining to
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additional resources or maintenance will need to be supported by the updated Implementation Program, revised or
additional implementation actions may be necessary.
5.2.3 Responding to Sea Level Rise and Other Hazards
While the adopted Implementation Program includes programs intended to maintain and improve harbor-related
infrastructure (see Imp. 21), it does not include any programs directly related to sea level rise. As discussed in the
Resilience and Harbor and Bay Existing Conditions and Background Analyses, the effects of sea-level rise are
projected to be widespread and potentially harmful to people and property in Newport Beach. This is especially true
near Newport Bay and Harbor, where existing infrastructure may not be sufficient to protect the City from more
frequent high tides, storm surges, large wave events, and other hazards associated with sea level rise. For this
reason, it is important to directly address the need for more planning, preparation, and adaptation to sea level rise
in the updated Implementation Program. Moreover, Newport Beach is required to adopt a sea level rise plan by
2034 in accordance with Senate Bill 272 and this General Plan Update presents an opportunity to align policies
with this anticipated plan.
As discussed in the Safety and Resilience Existing Conditions and Background Analyses, other hazards such as
drought, extreme heat, seasonal flooding, and wildfires are becoming more common, and there are new
requirements for addressing them in the Safety Element, Local Hazard Mitigation Plan, Urban Water Management
Plan, and other adopted plans. This update to the Implementation Program will need to consider revising existing
programs (including Imp. 28.1-2 and 29.1) or adding new programs to implement emergency preparation,
response, and recovery policies included in the updated Safety Element.
5.3 Prioritization and Funding
While the City works to address the needs of residents via its adopted Implementation Program and CIP, not all
needs can be addressed urgently due to limitations to the budget, the capacity of City staff, and the time associated
with the development process. For these reasons, implementation actions and projects can be categorized by on-
going, short-term, and long-term measures. To carry out implementation actions, there will likely be a need to pursue
additional funding outside of the City’s budget. This section outlines key opportunities for implementation program
funding and prioritization.
5.3.1 Project Prioritization
As discussed previously, the annual CIP plays a key role in carrying out many measures in the adopted
Implementation Program.
The CIP process begins with the annual fiscal year budget process where each City department, in coordination with
the Finance Department, develops revenue and expenditure estimates for the upcoming fiscal year. The City
Manager then develops a proposed operating budget that is presented to the Finance Committee and the City
Council. While the operating budget is being prepared and reviewed, the City’s Public Works Department develops
the CIP to include significant capital projects and infrastructure improvements planned for the upcoming fiscal year.
CIP improvements are generally major facility or infrastructure improvement projects that, in most instances, take
more than one fiscal year to construct. The City Council is responsible for the review and approval of the CIP. The
CIP budget supports the City’s stated budget principles that include:
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Keeping the community safe
Providing quality mix of services that Newport Beach residents expect in a cost-effective manner
Keeping Newport Beach looking great
Maintaining a fiscally stable and sustainable city government
Providing government transparency to the citizenry
The City’s What’s Happening in My Neighborhood mapping tool provides updates on CIP projects that are underway,
and the City is working on developing a CIP budget portal that will provide information about CIP project funding
sources, budgets and expenditures, and statuses as well as planned drawings and final photos.
While the City Council ultimately approves the CIP, identified evaluation criteria for how projects are prioritized could
help provide additional context and guidance. The General Plan Update provides the City with a unique opportunity
to engage citizens on implementation measures that can influence the CIP. Established CIP evaluation criteria could
help provide capital improvements in a manner that aligns with the goals and policies of the General Plan. The
establishment of such criteria could help the City strategically prioritize planned improvements with increased
objectivity.
5.3.2 Implementation Grants
Both the state and federal government administer a variety of implementation grant programs to help advance
housing, transportation, resilience, sustainability, and other policy priorities. Grants provide opportunities for the
City to seek additional funding for a variety of implementation actions and public projects. While it can be rewarding,
grant tracking and pursuits can be a resource intensive process, which requires staff time and availability.
Depending on funding priorities, appropriately staffed City departments is necessary to pursue grant funds. The
following lists some of the most relevant grant programs, although this list is not exhaustive and grant availability
is based on a point-in-time..
5.3.2.1 Inflation Reduction Act Investments in Clean Energy and Climate Action
The Federal Inflation Reduction Act of 2022 included a $370 billion investment in clean energy and climate action
programs. This makes the Inflation Reduction Act the largest single investment in climate action and resilience in
the history of the United States. Although these investments span a wide range of topics, they are mainly focused
on advancing renewable energy infrastructure and production; alternative fuels and vehicles; energy efficiency in
homes and buildings; resilience to climate hazards, including drought, flooding, sea-level rise, and wildfire; and
restoring natural areas and ecosystems. These investments come in the form of federal grants and programs for
which the City, its residents, and its businesses can apply.
5.3.2.2 Community Development Block Grants
The Community Development Block Grant Program is administered by the U.S. Department of Housing and Urban
Development. It is intended to provide funding to states and local governments to improve communities, especially
those of low and moderate incomes. Over a 1-, 2-, or 3-year period, as selected by the grantee, no less than 70% of
Community Development Block Grant funds must be used for activities that benefit low- and moderate-income
individuals. The City has received funds from the Community Development Block Grant Program for a range of
activities relating to economic development, housing and homelessness, and special needs programs. Funds may
also be used for construction of public facilities and improvements, such as water and sewer facilities, streets,
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neighborhood centers, the conversion of school buildings for eligible purposes, and for activities related to energy
conservation and renewable energy resources.
5.3.2.3 Climate Ready Program
The Climate Ready Program is administered by the CCC and provides grants for projects that use natural systems
to help coastal communities adapt to climate change. Through this action, the CCC has supported local
governments in planning and redesigning their communities in preparation for sea-level rise and allocated a
significant portion of funding to projects that demonstrate benefits to disadvantaged communities.
5.3.2.4 Proposition 68 Grant Programs
The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act, or Proposition 68,
was passed by California voters in 2018. It funds various grant programs that are administered by several State
agencies, including the CCC. The grants are intended to fund a variety of natural resource improvement and climate
resilience projects, including coastal climate adaptation efforts. They may be awarded to coastal city governments,
such as the City, to complete projects promoting lower-cost coastal accommodations and climate resilience.
5.3.2.5 Active Transportation Program
The Active Transportation Program is administered by the California Department of Transportation. It awards grants
to local governments for implementing programs and infrastructure projects that promote walking and biking.
Eligible projects satisfy the following criteria:
Increase the percentage of trips completed on foot or by bike
Increase the safety and accessibility of walking and biking
Support regional greenhouse gas reduction efforts
Improve public health
Promote social equity by ensuring that disadvantaged communities benefit from the project
Support a variety of active transportation users
5.3.2.6 Affordable Housing and Sustainable Communities Program
The Affordable Housing and Sustainable Communities Program is administered by the California Strategic Growth
Council. Affordable Housing and Sustainable Communities grants and affordable housing loans are intended to
provide funding for infrastructure projects that reduce transportation-related greenhouse gas emissions and
produce affordable housing units. Therefore, eligible projects must reduce vehicle miles traveled through infill,
mixed-use, and transit-oriented development and must promote affordable housing development.
5.3.2.7 Infill Infrastructure Grant Program
The Infill Infrastructure Grant Program is administered by the California Department of HCD. Infill Infrastructure
Grant funds are awarded for capital improvement projects that qualify as infill development, per program guidelines.
The grants can be used for any physical improvements to capital assets or to facilitate development of the project.
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5.3.2.8 Land and Water Conservation Fund
The Land and Water Conservation Fund is administered by the U.S. Department of the Interior. There are many
grant programs funded by the Land and Water Conservation Fund, and some award funding to local governments
for creating new outdoor recreational opportunities, such as parks, coastal access areas and trails, and active
transportation infrastructure.
5.3.2.9 Ocean Protection Council Grant Programs
The Ocean Protection Council administers several grant programs established through ballot propositions.
The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act, or
Proposition 84, was passed by California voters in 2006. It led to the creation of the Ocean Protection Council
Proposition 84 Grant Program, which is intended to fund a variety of resilience and coastal resource-related
projects, including sea-level rise adaptation projects.
Similarly, the Water Quality, Supply, and Infrastructure Improvement Act, or Proposition 1, was approved by voters
in 2014. This led to the establishment of the Ocean Protection Council Proposition 1 Grant Program, which aims to
provide funding for multibenefit coastal restoration and resilience projects.
5.3.3 Special Funding Districts
In accordance with California law, the City may establish Special Funding Districts. Special Funding Districts are
geographically defined areas within a jurisdiction where a tax or fee can be collected from property owners to
generate revenue for public improvements or programs. They can only be established through popular vote. There
are many different types of special funding districts, the most pertinent of which are outlined in the following.
5.3.3.1 Climate Resilience Districts
California Senate Bill 852 (2022) enables local governments to establish Climate Resilience Districts to raise and
allocate funding for projects related to sea-level rise, extreme heat, extreme cold, wildfire risk, drought, and flooding.
Climate Resilience Districts are considered a type of Enhanced Infrastructure Financing District (EIFD) and thus
must comply with the requirements of EIFDs, including the requirement for local governments to adopt resolutions
to allocate tax revenue to the Climate Resilience District (see the subsection below under “Enhanced Infrastructure
Financing Districts”). Established Climate Resilience Districts may raise funds through benefit assessments, special
taxes, property-related fees, and other fees and service charges allowed by the State. They may also accept funding
from private, local, state, and federal sources. This may be the most relevant type of special funding district for
projects and programs related to climate change and hazard resilience in Newport Beach.
5.3.3.2 Assessment Districts
Assessment Districts are intended to generate revenue for improvements to public property, rights-of-way, and
easements. All property owners in the district must pay for improvements that provide more general public benefits,
but individual property owners who benefit from specific or targeted benefits may be assessed for the costs of those
benefits proportionally.
Local governments may establish Assessment Districts per the following laws:
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Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.)
Improvement Act of 1911 (Streets and Highways Code Sections 5000 et seq.)
• Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 et seq.), which contains
provisions for establishing Assessment Districts
These laws outline the process for establishing an Assessment District in detail and include a provision that
prohibits the establishment of such a district if a majority of affected property owners object. There are also
limitations regarding the use of Assessment District revenue. Although Assessment Districts may help finance
construction of public infrastructure improvements, they cannot be used to fund operations, maintenance, or future
improvements to the same infrastructure. However, another Assessment District may be established for the
purpose of making additional improvements. Assessment Districts are often established to finance construction of
the following types of infrastructure:
Local streets
Streetlights
Parks
Landscaping
Sidewalks
Sanitary sewers
Water supply and distribution facilities
Gas and electric power facilities
Flood control and drainage improvements
Parking facilities
5.3.3.3 Parking Management Districts
To finance construction of new parking facilities and changes to existing ones, the City may consider establishing a
Parking Management District. Per Streets and Highways Code Section 31500, the City may use the revenue
generated from a Parking Management District to finance any of the following:
Acquisition of land
Construction, operation, and maintenance of parking facilities and garages
Associated project costs, including professional staff
Per Streets and Highways Code 11000, the City may also use Parking Management District revenue to finance
pedestrian improvements, including the following:
Street paving
Water lines, flood control facilities, sewers, and drainages
Street lighting
Fire protection facilities
Statues, fountains, and decorations
Landscaping and tree planting
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Childcare facilities
Public assembly facilities
Special assessments, fees, parking meter charges, and property taxes are all potential revenue sources within
Parking Management Districts. Parking meter charges have become particularly favorable to local governments
due to new technology that allows users to pay electronically and enables parking rates to be adjusted instantly
throughout the day and week. Revenue from meters can be used to fund physical improvements to the district,
including improvements to sidewalks and landscaping. Although parking districts may contract out for services, they
are typically responsible for the following:
Enforcement of parking regulations
Parking permits
Parking meter operations (including revenue collection)
Day-to-day management of shared parking areas
Researching parking usage and developing parking pricing strategies
5.3.3.4 Business Improvement Districts
Business Improvement Districts (BIDs) are public/private partnerships designed to improve the attractiveness and
functionality of a business district, improve the business climate, help existing businesses grow and prosper, attract
new businesses, and attract more visitors and customers to the district.
BIDs are partnerships between businesses and local governments; the two work together to finance and complete
infrastructure improvement projects within the district. Local governments will either assess individual businesses
(B-BIDs) or real property owned by businesses (P-BIDs) and levy taxes or fees accordingly. Revenue generated from
these taxes or fees is then used to finance physical improvements to the district and programs that promote
business growth and improve the community. There are important differences between B-BIDs and P-BIDs that
should be considered when deciding which type of BID to establish.
B-BIDs are authorized by the Parking and Business Improvement Area Law of 1989. They are best used to provide
direct benefits to businesses within the BID, such as advertising, marketing, and events that promote tourism and
the businesses themselves. Although B-BIDs can also be used to fund certain physical improvements, P-BIDs tend
to better serve this purpose.
P-BIDs are authorized by the Property and Business Improvement District Law of 1994. They function similarly to
Assessment Districts and tend to be more impactful than B-BIDs, especially when it comes to infrastructure finance.
Revenue from P-BIDs can be used to finance the following (improvements shown with an asterisk [*] can also be
funded with a B-BID):
Parking facilities*
Benches*
Trash receptacles*
Street lighting*
Decorations*
Parks*
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Fountains*
Closing, opening, widening, or narrowing of existing streets
Facilities and equipment to enhance security of people and property within the area
Ramps, sidewalks, plazas, and pedestrian malls
Rehabilitation or removal of existing structures
Promotion of public events that take place on publicly owned land in the district*
Furnishing of music in any public place*
Promotion of tourism*
Activities that benefit businesses located and operating in the area*
Marketing and economic development, including retail retention and recruitment
Supplemental security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services
Activities that benefit businesses and real property located in the district
To establish a B-BID, a majority of businesses in the proposed district must be in support of it. Similarly, a majority
of commercial property owners must be in support of establishing a P-BID in order to do so. One important
difference, however, is that P-BIDs must be initiated via petition by commercial property owners in the proposed
district, whereas B-BIDs can be initiated by the local government. Moreover, P-BIDs must be operated by a nonprofit
property owners’ association that is contracted by the local government. This property owners’ association is
responsible for managing the BID and proposing an annual work plan.
Both types of BIDs are required to have an annual public hearing before the governing council. At this hearing, the
council or board decides whether or not to approve the proposed BID workplan for the upcoming year. Businesses
or commercial property owners are not allowed to vote unless the proposal includes an assessment increase. If
such an increase is proposed, the annual workplan can only be approved with a majority vote by businesses or
property owners in the BID.
5.3.3.5 Community Facilities Districts
A local government’s ability to establish a Community Facilities District (CFD) is authorized by the Mello-Roos
Community Facilities Act of 1982. Unlike other types of special funding districts, CFDs operate based on a special
tax based on property value rather than a special assessment based on the level of benefit received. Because CFDs
are tax based, a two-thirds majority vote of property owners within a proposed CFD must vote in favor of the district
in order to establish it. This can be difficult when proposed CFDs include only a few property owners. In the case
that there are fewer than 12 registered voters who own property in the proposed district, votes may be weighted
based on the amount of property each voter has. In the case that there are 12 or more registered voters who own
property in the proposed district, all votes are weighted equally. Moreover, establishing a CFD only requires a
general overview of the infrastructure and services the district will fund and benefit from, rather than a detailed
report like that required by an Assessment District.
CFDs may fund construction of the following types of facilities:
Local park, recreation, parkway, and open space facilities
Elementary and secondary school sites and structures
Libraries
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Childcare facilities
Transmission/distribution facilities for water, natural gas, telephone, electrical energy, and cable television
Flood and storm protection; storm drainage facilities
Other governmental facilities that the legislative body creating the district is authorized by law to contribute
revenue toward, construct, own, or operate
Work to bring public or private buildings or real property into compliance with seismic safety standards
and regulations
CFDs may also fund the following types of services:
Police protection services
Fire protection and suppression services and ambulance and paramedic services
Recreation program services, library services, maintenance services for elementary and secondary school
sites and structures, and the operation and maintenance of museums and cultural facilities
Maintenance of parks, parkways, and open space
Flood and storm protection services, including the operation and maintenance of storm drainage systems
and sandstorm protection systems
Removal or remedial action services for the cleanup of any hazardous substance released or threatened
to be released into the environment
5.3.3.6 Enhanced Infrastructure Financing Districts
Enhanced EIFDs are special districts that can collect additional tax revenue from any agency or organization in the
district with the ability to be taxed (except for county offices of education, school districts, and community college
districts). This is known as tax increment financing and involves “freezing” tax revenues in a particular tax year and
collecting any additional revenue generated from tax increases that year. This additional revenue can then be
shared with the EIFD and used to fund any of the following infrastructure improvements:
Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities
Sewage treatment and water reclamation plants and interceptor pipes
Facilities for the collection and treatment of water for urban uses
Flood control levees and dams, retention basins, and drainage channels
Childcare facilities
Libraries
Parks, recreational facilities, and open space
Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles
Brownfield restoration and other environmental mitigation
Development of projects on a former military base
Acquisition, construction, and rehabilitation of housing for people of very low, low, and moderate income,
as defined in Sections 50105 and 50093 of the Health and Safety Code, for rent or purchase
Acquisition, construction, and repair of industrial structures for private use
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Transit priority projects, as defined in Section 21155 of the Public Resources Code, that are within a transit-
priority area
Projects that implement a sustainable communities strategy
Port or harbor infrastructure, as defined by Section 1698 of the Harbors and Navigation Code Community
Revitalization and Investment Authorities
5.3.3.7 Community Revitalization and Investment Authority
Another potential financing option that uses tax increment financing is establishing a Community Revitalization
and Investment Authority (CRIA). CRIAs are public agencies, separate from any local government that creates
them, which use property tax increment financing for the purpose of planning and financing improvements and
affordable housing in disadvantaged communities. In many ways, CRIAs are similar to the redevelopment
agencies that preceded them. They were first authorized in 2015 by Assembly Bill 2, which made many changes
to redevelopment law.
CRIAs function similarly to EIFDs. Any agency or organization with the ability to use property tax funds, with the
exception of school districts, may direct a portion or the entirety of its tax increment funds to a CRIA with jurisdiction
over the same area. The CRIA then has the authority to use the revenue for any of the following activities:
Adopt community revitalization and investment plans
Provide funding for infrastructure
Provide for affordable housing
Oversee brownfield remediation and clean-up
Oversee seismic retrofits of existing buildings
Acquire and sell property
Issue bonds
Borrow funds and make loans
Receive cap-and-trade funds designated for disadvantaged community funds or enter agreements with a
qualified community development entity to coordinate the investment of federal New Market Tax Credit Funds
Provide direct assistance to businesses within the plan area
Receive funds allocated to it pursuant to a resolution adopted by a city, county, or special district to transfer
these funds from the following:
a. The increased property tax revenues that a city, county, or special district receives from the dissolution
of redevelopment agencies
b. Property taxes received by a city or county in lieu of former vehicle license fee funds
c. Funds derived from various assessments that may be imposed by special districts
As part of their essential duties, CRIAs must adopt a formal plan that outlines the implementation of revitalization
programs and the uses of the tax increment revenue received. This plan must include all of the following:
Statement of principal goals and objectives
Description of the deteriorated or inadequate infrastructure and the program for repair and upgrade
A housing program
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A program to remedy or remove the release of hazardous substances
A program to provide funding for or otherwise facilitate the economic revitalization of the area
A fiscal analysis setting forth projected receipt of revenues and expenses over a 5-year planning horizon
• Time limits to establishing loans, advances, and indebtedness, and for fulfilling all the authority’s
housing obligations
CRIAs may purchase or lease property and may also acquire it through a conveyance or through eminent domain.
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6 Considerations
6.1 General Plan Monitoring
While the General Plan is assessed annually through the General Plan APR, the assessment of progress made in
implementation of the General Plan does not provide the same level of detail as provided in the annual Housing
Element APR. This is due in large part to the lack of standardization required of the General Plan APR. To better
monitor the progress in implementation of the General Plan, the City could select specific Elements each year for
increased implementation focus. This would allow the City to review other Elements of the General Plan similar to
how the Housing Element is reviewed. Due to the time and resources needed to produce such a detailed annual
report, it is recommended that the City select specific Elements for review on a given year. This approach will allow
the City to monitor the progress made in General Plan implementation throughout the planning period.
6.2 Develop a Strategic Approach to the Prioritization of
Public Improvements
The current principles for Capital Improvement Program budgeting, which plans for the provision of public
improvements, special projects, ongoing maintenance programs, and implementation of the City’s master plans,
considers the following:
Keeping the community safe
Providing a quality mix of services that Newport Beach residents expect in a cost-effective manner
Keeping Newport Beach looking great
Maintaining a fiscally stable and sustainable City government
Providing government transparency to the citizenry.5
As discussed in the Recreation Element Existing Conditions and Background Analysis, to guide decision making for
strategically prioritizing planned public improvements, the City could incorporate standardized project evaluation
criteria into the capital improvement process to help provide improvements in a manner that aligns with policies
and programs of the General Plan. Such criteria could consider the following questions through the prioritization of
funds:
Has the project been approved through a council approved plan?
Does the project conform to General Plan goals and policies?
How does the project implement one or more Council initiatives?
Was the project previously funded in a Capital Improvement Program budget?
Is the project needed to satisfy regulatory compliance?
Does this project connect to or build upon existing infrastructure to create exponential value in investment?
5 City of Newport Beach, 2023, “Capital Improvement Program,” web page, accessed at https://www.newportbeachca.gov/
government/departments/public-works/capital-improvement-program.
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Are there restricted funds, such as grant funds, included?
The planning process for developing the project evaluation criteria should involve input from residents, community
groups, and relevant City departments to inform the approach.
6.3 Pursue Grant Funding Opportunities
Because funding is often a limiting resource and both the state and federal government provide funding for projects
and programs related to transportation, housing, recreation, arts and history, sustainability, and resilience,
implementation measures to explore and pursue grant funding opportunities are recommended through the
updated General Plan. Many of these grants may be relevant to programs to be included in the updated
Implementation Program and, thus, could help ensure that they are successfully carried out. As discussed in the
Resilience Existing Conditions and Background Analysis, it is also recommended that the City designate a staff
member to track grant opportunities and lead or coordinate grant funding pursuits.
July 29,2024,GPAC Agenda Comments
The following comments on items on the Newport Beach General Plan Advisory Committee agenda are
submitted by:Jim Mosher (jimmosher@yahoo.com ),2210 Private Road,Newport Beach 92660
(949-548-6229)
Item IV.a.Meeting Minutes of June 19,2024
The passages shown in italics below are from the draft minutes with suggested corrections shown
in strikeout underline format.
Page 3 of 6,long paragraph before Item “c,”sentences 2 &3:“Committee Member Mosher
proposed staff provide an update of the amount of commercial and residential City-owned
property development from a City database.Deputy Community Development Director
Jaime Murillo stated that the land use database the City has been working on is intended to
track development limits within the General Plan and keep an accurate count of dwelling units
and nonresidential square footage.”1
Page 5 of 6,Item “e,”paragraph 3:“In response to Committee Member Paul Watkins’inquiry,
Steering Committee Chair Nancy Gardner stated that for ballot measures,the City can only
provide the community with information only for a vote.”
Item IV.c.Implementation Program Analysis
Page 4 (agenda packet 31):I believe the 31 “tools”mentioned in the introduction are the
sequentially-numbered “programs”of the overall Implementation Program.Without explanation,
their numbers are used to number the 31 sections of memo’s Part 3 (General Plan
Implementation Overview).That is,memo Section 3.1 =Implementation Program 1,memo
Section 3.2 =Implementation Program 2,etc.
The Introduction also fails to notice that the 31 programs are organized into six topical areas as
shown in the General Plan’s Table of Contents:
●Development Management System (Programs 1-13)
●Governance (Programs 14-15)
●Public Infrastructure Plans (Programs 16-21)
●Public Service Facility Plans (Programs 22-23)
●Public Services and Programs (Programs 24-29)
●Financing (Programs 30-31)
The analysis also leans heavily on the City’s Annual Progress Reports to state,without noting the
aspiration stated before the programs that “The programs described herein may change over time
1 My comment was with regard to the possibility of replacing the tables in the Background Report which had
listed the amounts of existing development by land use category,but had been deleted since the
classifications were not reliable.The database I was referring to is the one the City was supposed to
maintain following the 2006 General Plan update,pursuant to Implementation Program 10.2 (Maintain
Development Tracking and Monitoring Program),also referred to on handwritten page 37 of the current
agenda packet.It is a City-owned database,not a database of City-owned property.As Deputy Community
Development Director Murillo clarified (see video),it likely does not record a parcel’s exact use (e.g.,
“restaurant”vs.“drug store”)but I suspect it does include the parcel’s General Plan land use designation,
so it could be used to generate city-wide (or more localized)tables of development by land use designation.
July 29,2024,GPAC agenda comments -Jim Mosher Page 2 of 7
to reflect available funding or as new approaches are used in the future.To this end,the General
Plan Progress Report required to be prepared annually,as described in Imp 1.3 below,should
review the continuing applicability of the programs and update this list as necessary.Such
modifications would not necessitate a formal amendment of the General Plan,unless they
substantively alter the Plan’s goals or policies.”In the 18 years since the Implementation Program
was approved,there have been no changes to the programs,nor amendments to the General
Plan’s goals or policies instigated as a result of the annual review.
The analysis also says (on page 18),but not as clearly as it might,that a single program can be
relied on to implement multiple goals and policies,which,as the introduction to the program
indicates,means those goals and policies need to be re-read to fully understand what the
implementation programs are expected to accomplish.Neither the Annual Reports nor this
analysis lists the policy or multiple policies a particular program is expected to implement.
Additionally,when a program is relied on to implement multiple policies,the Annual Reports tend
to highlight the policies on which some progress has been made,and may omit any mention of
policies which the same program has failed to implement (see Dudek’s suggested solution 6.1 on
page 37).
Page 6 (agenda packet 33):“Amendments to the Zoning Code for consistency with the adopted
General Plan are generally implemented over a 12-to 18-month period.”This statement is based
on the wording of Implementation Program 2.1,with the “12-to 18-month period,”I believe,being
an estimate of how long it would take to implement the many changes of the 2006 comprehensive
General Plan update if approved by voters.But with the exception of that initial response to the
2006 comprehensive General Plan update,which was implemented four years later by the 2010
comprehensive Zoning Code update,the practice in Newport Beach has been to process Land
Use Element and Zoning Code changes simultaneously.
Page 7 (agenda packet 34):With regard to specific plans,readers have to wait to page 22 to
learn that not only were the future specific plans not created,but several existing ones were
removed from the 2010 Zoning Code.
Page 8 (agenda packet 35):“The City has established a program to review and revise the LCP
for consistency with the General Plan,as certain policies related to housing and mixed-use
development in the General Plan may deviate from similar policies in the CLUP.”As with the
Zoning Code,changes are usually processed simultaneously.The main exception was the 2006
comprehensive General Plan update,which was made consistent through a 2009 comprehensive
update to the CLUP.The Implementation Plan was not certified until 2017.
Page 8 (agenda packet 35):“The Subdivision Ordinance requires conformity with the adopted
General Plan,which entails the review and approval or of lot size and configuration,street
alignments,street grades and widths,traffic access,drainage and sanitary facilities,land for
public uses and open spaces,and other development standards.”
Page 9 (agenda packet 36):“Policies in the City Council Policy Manual indicate the direction that
the City Council will take on certain matters and are set and reviewed annually during meetings of
the City Council.”The annual review was dispensed with after a comprehensive review (unrelated
to the General Plan)in 2017.Indeed,the former Council Policy D-3 calling for an annual review of
the Manual was,without explanation,repealed.
July 29,2024,GPAC agenda comments -Jim Mosher Page 3 of 7
Page 14 (agenda packet 41):With regard to Program 24 (Economic Development),the
consultants may know from the Annual Progress Reports that the Strategic Plan for Economic
Sustainability was completed in 2009.They may not know it has since been ignored and that the
Business Improvement Districts no longer exist.
Page 15 (agenda packet 42):With regard to Program 29 (Community Involvement),it looks like
the consultants may be unaware the Economic Development Committee no longer exists,and the
Harbor Commission,Aviation Committee and Water Quality/Coastal Tidelands Committee may
belong on the list.
Page 17 (agenda packet 44):With regard to General Plan Consistency,the need for outside
agencies planning work in the City to submit their CIP’s to the City for review by the Planning
Commission is mentioned in Implementation Program 1.1.I am not aware of that happening.
Page 20 (agenda packet 47):November 7,2000,is the date of the election at which Charter
Section 423 was voted upon.According to a notation in the Charter,it “went into effect”with
certification of the election result on December 15,2000.
Page 25 (agenda packet 52):With regard to Imp.14.1 (Adjoining Cities),it is not quite true that
“no border committee has been established.”Several committees existed when the program was
adopted,but the City ceased to participate.A “Liaison Committee”continues to exist and meet
quarterly between the City of Costa Mesa,the Costa Mesa Sanitary District (which serves part of
Newport Beach)and Mesa Water,and,more recently,the Newport Mesa Unified School District.
Cooperation with neighboring cities,particularly Costa Mesa,remains important on such issues
as bicycle routes,and Irvine with regard to the Airport Area.Additionally support from the so
called “corridor cities”is important for maintaining support for the City’s airport policies.
Page 25 (agenda packet 52):With regard to Imp.15.1 (Encourage Annexation of Banning Ranch
Prior to Development),I have not seen a clear map of the “Randall Preserve”in Orange County
(indeed,Google finds separate “Randall Preserves”in Washington and the Tehachapi
Mountains).While most of the Orange County one is outside the City limits,I believe about 10
acres north of the Newport Mesa Unified School District site at the terminus of West 16th Street
are already in the City.
Page 25 (agenda packet 52):With regard to Imp.21.4 (Harbor Operations and Management),
while the envisioned “joint City/County study”seems never to have happened,part of it was
preempted by the City unilaterally moving management of the mooring fields (formerly with the
Sheriff’s Harbor Patrol)to a newly-created City Harbor Department.
Page 26 (agenda packet 53):With regard to “Managing Congestion,”the insufficiency of
implementing programs may be due,in part,to the Circulation Element having been recently
revised,but without the introduction of any new implementation programs (and a complete
reliance on existing ones).
Page 33 (agenda packet 60):The statement that “To establish a B-BID,a majority of businesses
in the proposed district must be in support of it”is a bit misleading.I believe the former B-BIDS in
Newport Beach were created by the City Council in response to requests from a handful of
businesses.It would have taken a protest by a majority of affected businesses to prevent their
July 29,2024,GPAC agenda comments -Jim Mosher Page 4 of 7
formation.By contrast,P-BIDS require a majority of affected properties to request formation,and
in Newport Beach,only properties favorable to the formation have been included.
Item IV.d.Technical Diagnostic Memo
Page 1 (agenda packet 77):Since more than half of the memo is devoted to environmental
justice,it is surprising it is not mentioned in the Executive Summary.Moreover,most of the
Environmental Justice chapter is devoted to an assessment of whether the Santa Ana Heights
annexation areas (“Tract A”)should be considered a “disadvantaged community,”and it is
disappointing no clear conclusion or recommendation is provided.
Also,given that parts of East Santa Ana Heights contain the closest residential development to
the JWA runway,immediately adjacent to the jet departure path,it seems odd that noise pollution
and ultrafine particulates pollution are not discussed as additional special,local environmental
factors affecting the determination.
The memo also does not mention how environmental justice considerations relate to the federal
Community Development Block Grant program,which,in the past,had identified Balboa (village)
rather than Santa Ana Heights as an area needing attention,
Page 4 (agenda packet 80):The statement that “There are no Federal regulations related to the
contents of the Harbor and Bay Element”does not seem accurate.Newport Harbor is federally
designed,including the location bulkhead,pierhead and project lines,and mooring field and
anchorage boundaries.As Policy HB 13.2,the Army Corps of Engineers is responsible for
delineating and maintaining the navigation channels,and as Policy HB 7.2 indicates,the U.S.
Fish and Wildlife Service is responsible for much of the Upper Newport Bay Ecological Reserve.
Moreover,the federal Inland Navigation Rules Act of 1980 empowered the U.S.Coast Guard to
publish and enforce rules for navigation within the harbor.
Similarly,the state has a Harbors and Navigation Code,as well as a Rivers,Streams,and
Harbors chapter in the Government Code which,among other things,prohibits cities from
establishing harbor lines “outside”the federally-established ones.
Additionally,much of Newport Bay is public trust land (and water)overseen by the State Lands
Commission,and the City is not trustee of all of them.
The description of the role of the California Coastal Commission also does not seem quite
accurate.The CCC does not delegate to the City permitting authority over the tidelands and
public trust lands.All new development there must be approved by the CCC as well as changes
to land use regulations.
While not strictly limitations on content of the element,these limit what the policies can aspire to.
Page 7 (agenda packet 83):The Mills Act seems important to mention as an incentive for
preservation of historic structures.
Page 9 (agenda packet 85):“The Newport Beach LCP was certified by the CCC in 2017 and is
further discussed in Section 4.3.3.”There is no “Section 4.3.3”describing the LCP.The earlier
chapter ends at “4.2.1 California Coastal Act.”