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Home My WebLink AboutIVb_Technical Diagnostic MemoAttachment No. 3 Technical Diagnostic Memo Overview of Diagnostic Memo Summary •The Diagnostic Memo analyzes key legislation relevant to the General Plan Update: •Arts and Cultural •Harbor and Bay •Historical Resources •Land Use •Natural Resources (Conservation) •Recreation (Open Space) •Safety •Outlines applicable recently introduced bills in California legislature •Assesses Environmental Justice to identify disadvantaged communities and issues •Mandated General Plan topic, but not required to be an Element General Plan Elements REQUIRED •Land Use •Circulation •Housing •Open Space →Recreation & Natural Resources •Conservation →Natural Resources •Noise •Safety •Environmental Justice (required topic) OPTIONAL •Harbor and Bay •Arts and Cultural •Historic Resources GPU Reviews AB 1739 (2014) •Consideration of groundwater sustainability and notification to several specified agencies GC 65302.5 •Safety Elements reviewed by Geological Survey (CGS) and State Board of Forestry and Fire Protection Airport Land Use Compatibility •Land Use Elements reviewed by airport land use commission Implementation Requirements National Historic Preservation Act (NHPA) •Federally funded projects to consider effects on historic resources •Includes listing criteria for NRHP California Register of Historic Places •Listing criteria mirrors NRHP •If listed, considered significant historical resources under CEQA Urban Water Management Planning Act •Urban Water Management Plan (UWMP) to be updated every 5 years SB 18 (2004) •Requires local governments to contact, and consult with California Native American tribes related to CEQA AB 52 (2014) •Requires that tribal cultural resources must be considered under CEQA SB 272 (2023) •Requires that local governments within the coastal zone prepared a Sea Level Rise Plan by 2034 Arts & Culture, Historic Resources, and Harbor & Bay Policy Arts & Cultural CA Gov. Code Sec. 65302(a) must specify distribution, location, and extent of uses for public buildings and grounds Historical Resources Enforced through CEQA No specific General Plan requirements Harbor & Bay CA Coastal Act General Plan and Local Coastal Program (LCP) must be consistent Natural Resources and Recreation Policy Natural Resources SB 272 (2023) requires a Sea Level Rise Plan by 2034. If by 2029, to be prioritized for adaptation/resilience funding Government Code 65302 Water Supply and Demand Considerations and coordination – also related to Urban Water Management Planning Recreation SB 1425 (2022) open space element to address equitable open space access, climate resilience, and rewilding opportunities by 2026 Safety Policy •LHMP can be incorporated by reference into the Safety Element AB 2140 (2006) •Environmental adaptation, resilience strategies, and assessment of vulnerability to environmental risks to be incorporated SB 379 (2015) & SB 1035 (2018) •Requires identification of evacuation routes and locations AB 747 (2019) & AB 1409 (2021) •Requires identification of residential developments in hazard areas without 2 evacuation routes SB 99 (2019) •Requires identification of peakload water supply requirements, in the event of fire hazards CA Gov. Code 65302(g)(1) Land Use Policy Gov. Code Sec. 65302 Requires proposed distribution, location, and extent of land uses such as housing, open space, public facilities, flood plains, etc. with diagrams AB 2292 (2002) & SB 166 (2017) Prohibits cities/counties from reducing residential density below what is necessary to be compliant with housing element law Airport Land Use Compatibility Must consider consistency with airport land use compatibility plan, inconsistency can be supported by the legislative body Recently Introduced Bills AB 2684 •Would require Safety Elements to be updated to address extreme heat AB 2583 •Would require updated Circulation Elements to identify and establish school walk zones AB 1889 •Would require updated Conservation Elements to consider the effect of development on the movement of wildlife and habitat connectivity AB 1176 •Would require General Plans to identify opportunities and policies to expand electric vehicle charging Environmental justice aims to protect communities that endure a disproportionate share of environmental pollution and public health hazards. Environmental Justice Assessment Disadvantaged Communities Analysis Identify DACs in CalEnviroScreen SB 535 Identify low-income communities AB 1550 Community-specific data/pollution burden OPR Guidelines Tracts selected for further analysis** EJ Screen Disadvantaged Communities are lower-income communities that face disproportionate environmental burdens Identify DACs in CalEnviroScreen SB 535 Identify low-income communities AB 1550 Community-specific data/pollution burden OPR Guidelines Tracts selected for further analysis** EJ Screen Disadvantaged Communities (DAC) Analysis **Orange tract has no residential in city borders, so it was disregarded in EJ analysis Disadvantaged Communities in Newport Beach “Tract B” has no residential in city borders, so it was excluded from EJ analysis “Tract A” was further assessed for environmental justice issues Assessment of Environmental Justice Concerns EJ Pillar Score Indicators Pollution Burden Top 75th Percentile ▪Clean up sites ▪Toxic releases ▪Traffic-related pollution ▪Impaired water bodies Public Facilities -No significant concern Safe & Sanitary Homes Top 71st Percentile ▪Household overcrowding Healthy Food -No significant concern Physical Activity -No significant concern General Plan Update Technical Diagnostic Memo 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 Printed on 30% post-consumer recycled material. INTENTIONALLY LEFT BLANK 15443 i JULY 2024 Table of Contents SECTION PAGE NO. Acronyms, Abbreviations, Key Terms ............................................................................................................................... v 1 Executive Summary.............................................................................................................................................. 1 2 Introduction .......................................................................................................................................................... 3 3 Arts and Cultural .................................................................................................................................................. 3 3.1 Federal Regulations ............................................................................................................................... 3 3.2 State Regulations ................................................................................................................................... 3 4 Harbor and Bay .................................................................................................................................................... 4 4.1 Federal Regulations ............................................................................................................................... 4 4.2 State Regulations ................................................................................................................................... 4 4.2.1 California Coastal Act ............................................................................................................... 4 5 Historical Resources ............................................................................................................................................ 5 5.1 Federal Regulations ............................................................................................................................... 5 5.1.1 Section 106 of the National Historic Preservation Act (NHPA) and National Register of Historic Places .......................................................................................................................... 5 5.1.2 Criteria for Eligibility for the National Register of Historic Places .......................................... 5 5.2 State Regulations ................................................................................................................................... 6 5.2.1 California Register of Historical Resources ............................................................................. 6 5.2.2 Senate Bill 18 ........................................................................................................................... 6 6 Land Use ............................................................................................................................................................... 8 6.1 Federal Regulations ............................................................................................................................... 8 6.2 State Regulations ................................................................................................................................... 8 6.2.1 Land Use Element Guidelines .................................................................................................. 8 6.2.2 Assembly Bill 2292 ................................................................................................................... 9 6.2.3 California Coastal Act ............................................................................................................... 9 6.2.4 Airport Land Use Compatibility ................................................................................................. 9 6.2.5 Urban Water Management Planning Act .............................................................................. 10 7 Natural Resources ............................................................................................................................................ 11 7.1 Federal Regulations ............................................................................................................................ 11 7.2 State Regulations ................................................................................................................................ 11 7.2.1 Senate Bill 272 ...................................................................................................................... 11 7.2.2 Senate Bill 1425 .................................................................................................................... 12 7.2.3 Assembly Bill 1739 ................................................................................................................ 12 8 Recreation ......................................................................................................................................................... 13 NEWPORT BEACH GENERAL PLAN UPDATE/TECHNICAL DIAGNOSTIC MEMO 15443 ii JULY 2024 8.1 Federal Regulations ............................................................................................................................ 13 8.2 State Regulations ................................................................................................................................ 13 8.2.1 Senate Bill 1425 .................................................................................................................... 13 9 Safety ................................................................................................................................................................. 14 9.1 Federal Regulations ............................................................................................................................ 14 9.1.1 Local Hazard Mitigation Plan ................................................................................................ 14 9.2 State Regulations ................................................................................................................................ 15 9.2.1 OPR Safety Element Guidelines ............................................................................................ 15 9.2.2 Local Hazard Mitigation Planning in Safety Elements ......................................................... 16 9.2.3 Assembly Bill 747 and Assembly Bill 1409.......................................................................... 17 9.2.4 Senate Bill 99 ........................................................................................................................ 17 9.2.5 Safety Element Review Authority .......................................................................................... 17 9.2.6 Senate Bill 1241 .................................................................................................................... 18 9.2.7 Urban Water Management Planning Act .............................................................................. 18 10 Environmental Justice ....................................................................................................................................... 19 10.1 Federal Regulations ............................................................................................................................ 19 10.1.1 Executive Order 12898 ......................................................................................................... 19 10.1.2 Title VI of the Civil Rights Act ................................................................................................. 19 10.1.3 US EPA .................................................................................................................................... 20 10.2 State Regulations ................................................................................................................................ 20 10.2.1 Assembly Bill 1553 ................................................................................................................ 20 10.2.2 Senate Bill 1000 .................................................................................................................... 21 10.2.3 Senate Bill 535 Disadvantaged Communities Designation ................................................ 21 10.2.4 Assembly Bill 1550 ................................................................................................................ 22 10.3 Newport Beach Environmental Justice Assessment ......................................................................... 23 10.3.1 Disadvantaged Communities Screening Analysis ................................................................ 23 10.3.2 Pollution.................................................................................................................................. 30 10.3.3 Public Facilities ...................................................................................................................... 32 10.3.4 Safe & Sanitary Homes ......................................................................................................... 38 10.3.5 39 10.3.6 Healthy Food .......................................................................................................................... 40 10.3.7 Physical Activity ...................................................................................................................... 41 10.3.8 Other Unique or Compounded Health Risks ........................................................................ 44 10.3.9 Prioritizing Improvements in Disadvantaged Communities ................................................ 44 10.3.10 Civic Engagement .............................................................................................................. 44 11 Recently Introduced Bills .................................................................................................................................. 45 Figure 1. Environmental Justice Screening Process ..................................................................................................... 24 NEWPORT BEACH GENERAL PLAN UPDATE/TECHNICAL DIAGNOSTIC MEMO 15443 iii JULY 2024 Figure 2. SB 535 Disadvantaged Communities ........................................................................................................... 25 Figure 3. AB 1550 Low-Income Communities .............................................................................................................. 26 Figure 5. CalEnviroScreen Pollution Burden Score ..................................................................................................... 27 Figure 7. Disadvantaged Communities in Newport Beach .......................................................................................... 28 Figure 8. ½ Mile of High-Quality Transit Areas.............................................................................................................. 33 Figure 10. Walk Time to Closest Park ........................................................................................................................... 35 Figure 11. Parks and Open Space by Access Type ....................................................................................................... 36 Figure 12. Libraries and Community Centers ............................................................................................................... 37 Figure 13. Supermarkets with 0.5-mile Buffer ............................................................................................................. 40 Figure 14. Existing and Planned Bikeways ................................................................................................................... 42 Figure 15. Transportation Injury Mapping System Data 2018-2022 .......................................................................... 43 Table 1. Regulatory Overview ............................................................................................................................................ 1 Table 2: Pollution Burden Percentile by Indicator ........................................................................................................ 30 Table 3. Housing Scores on Healthy Places Index ........................................................................................................ 39 NEWPORT BEACH GENERAL PLAN UPDATE/TECHNICAL DIAGNOSTIC MEMO 15443 iv JULY 2024 INTENTIONALLY LEFT BLANK 15443 v JULY 2024 Acronyms, Abbreviations, Key Terms Acronym/Abbreviation/Term Expanded Form AB Assembly Bill AELUP Airport Environs Land Use Plan Cal OES California Governor's Office of Emergency Services CCC California Coastal Commission CDAA California Disaster Assistance Act CFR Code of Federal Regulations CGS California Geological Survey CRHR California Register of Historic Resources HCD California Department of Housing and Community Development LCP Local Coastal Program LHMP Local Hazard Mitigation Plan NEPA National Environmental Protection Act NHPA National Historic Preservation Act NRHP National Register of Historic Places OPR Office of Planning and Research RHNA Regional Housing Needs Allocation SB Senate Bill UWMP Urban Water Management Plan WSCP Water Shortage Contingency Plan NEWPORT BEACH GENERAL PLAN UPDATE/TECHNICAL DIAGNOSTIC MEMO 15443 vi JULY 2024 INTENTIONALLY LEFT BLANK 1 JULY 2024 1 Executive Summary This Technical Diagnostic Memo outlines key pieces of legislation, as they relate to the General Plan Update for the City of Newport Beach (City). The regulations detailed in this report relate to the General Plan either directly or indirectly where they either inform the General Plan Update process, the policies of the updated General Plan, or are informational as it relates to the General Plan and its implementation. This analysis also considers key bills are not signed into law but have been recently introduced to the Senate and Assembly. While there have been nearly a hundred new housing bills signed into law in the last 7-years, to reduce duplicative efforts, this analysis has not considered many laws that have informed the development of the recently adopted 6th Cycle Housing Element, nor does it consider the regulatory framework associated with the Circulation Element or the Noise Element. Table 1. Regulatory Overview notes the applicable regulations for each Element and the relevance to the General Plan. Table 1. Regulatory Overview Applicable Regulation General Plan Relevance Harbor and Bay Element California Coastal Act General Plan Implementation Historical Resources Element National Historic Preservation Act General Plan Implementation National Register of Historic Places General Plan Implementation California Register of Historic Resources General Plan Implementation SB 18 General Plan Update Process Land Use Element OPR Guidelines General Plan Policies AB 2292 General Plan Policies and Implementation California Coastal Act General Plan Policies and Implementation Airport Land Use Compatibility General Plan Policies and Update Process Urban Water Management Planning Act General Plan Implementation Natural Resources Element SB 272 General Plan Implementation SB 1425 General Plan Policies and Update Process AB 1739 General Plan Update Process Recreation Element SB 1425 General Plan Policies and Update Process Safety Element Local Hazard Mitigation Plans General Plan Policies OPR Guidelines General Plan Policies AB 747 and AB 1409 General Plan Policies and Update Process SB 99 General Plan Policies and Update Process Review Authority General Plan Update Process SB 1241 General Plan Policies Urban Water Management Planning Act General Plan Policies 15443 2 JULY 2024 Environmental Justice AB 1553 General Plan Policies SB 1000 General Plan Policies SB 535 General Plan Policies AB 1550 General Plan Policies 15443 3 JULY 2024 2 Introduction The City of Newport Beach’s (City) adopted General Plan is organized into 10 chapters, or “elements.” Each element of the General Plan presents an overview of its scope, summary of conditions, and planning issues, goals, and policies. The elements include Arts and Cultural, Harbor and Bay, Historical Resources, Land Use, Natural Resources, Recreation, Safety, Noise, Circulation, and Housing. Together, these elements represent a comprehensive and integrated planning approach for Newport Beach. This document serves as a technical diagnostic memo for the General Plan Update, providing analysis of relevant Federal and State regulation as it pertains to the Arts and Cultural, Harbor and Bay, Historical Resources, Land Use, Natural Resources, Recreation, and Safety Elements, as well as the topic of Environmental Justice. While Environmental Justice is not a mandated General Plan Element, it is a topic that must be considered and where Environmental Justice is an area of concern, policies addressing Environmental Justice must incorporated in the General Plan. An assessment of Environmental Justice is also provided to identify areas of concern. Further, this report provides an overview of key bills that are currently being considered by the California State Legislature. 3 Arts and Cultural The City’s adopted Arts and Cultural Element identifies public facilities, such as the City’s libraries and community centers, as public assets that provide community-based arts, cultural, and literary enrichment opportunities. The following sections outline the applicable local and State regulations that guide the planning and operational support for arts and culture within Newport Beach. 3.1 Federal Regulations There are no Federal regulations related to the contents of the Arts and Cultural Element. 3.2 State Regulations While the inclusion of an Arts and Cultural Element is not required by any Federal or State law, nor are arts and culture required to be analyzed as part of the seven mandated elements of a general plan, California Government Code Section 65303 provides jurisdictions the opportunity to include any other elements that relate to the physical development of that jurisdiction. Government Code Section 65302(a) requires jurisdictions to address the proposed general distribution, location, and extent of uses for public buildings and grounds, which include community centers and libraries. 15443 4 JULY 2024 4 Harbor and Bay The City’s adopted Harbor and Bay Element includes goals and policies intended to guide development and activities conducted on the water, as well as land use decisions related to waterfront property around Newport Harbor and a wide range of recreational boating activities, and a diversity of commercial and recreational uses. The following sections outline the applicable regulations that guide the planning and operational support related to Newport Harbor and Bay. 4.1 Federal Regulations There are no Federal regulations related to the contents of the Harbor and Bay Element. 4.2 State Regulations While the inclusion of a Harbor and Bay Element is not required by any Federal or State law, California Government Code Section 65303 provides jurisdictions the opportunity to include any other elements that relate to the physical development of that jurisdiction. The Harbor and Bay Element is not a required element of the general plan but it includes goals and policies related to land use, conservation, safety, and open space, all of which are required general plan elements. 4.2.1 California Coastal Act The California Coastal Act is a State law that governs development in the coastal zone, and the California Coastal Commission (CCC) is the State agency that implements the California Coastal Act. 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 Land Use Plan and an Implementation Plan. Generally, the Land Use Plan is either a portion of a city’s General Plan or a distinct plan that indicates the kinds, locations, and intensities of land uses in that city’s coastal zone and includes resource protection and development policies. The Implementation Plan is made up of zoning ordinances and maps that implement and further delineate the policies of the Land Use Plan, and it can be a distinct ordinance or part of a city’s larger zoning code. After approval of the LCP by the local government, the CCC reviews the LCP for consistency with the policies of the California Coastal Act and certifies it. Once a local government’s LCP is certified, the CCC delegates permitting authority for development within the coastal zone to that local government. The LCP is thusly the standard regulatory and permitting guide for development in a city’s coastal zone and is a key implementation tool of the Harbor and Bay Element as it relates to public access and infrastructure improvements. 15443 5 JULY 2024 5 Historical Resources The City’s adopted Historical Resources Element provides a high-level historic context of Newport Beach, outlines relevant and related preservation programs, identifies known historical resources with a focus on buildings and structures, and establishes goals for protecting these resources. Federal and State historic preservation programs provide specific criteria for evaluating the potential historic significance of a resource. Although the criteria used by the National Register of Historic Places (NRHP), the California Register of Historic Resources (CRHR), and the City Register of Historical Property for the designation of historical and architectural significance vary in their specifics, they focus on many of the same general themes. There are no Federal or State regulations pertaining to historical resources in general plans. 5.1 Federal Regulations Federal regulations pertaining to historical resources include the National Historic Preservation Act (NHPA) and the NRHP, as further discussed below. There are no Federal regulations relating to historic resources with respect to general plans, rather, Federal regulations provide criteria for the identification and protection of historic resources. 5.1.1 Section 106 of the National Historic Preservation Act (NHPA) and National Register of Historic Places Section 106 of the National Historic Preservation Act (NHPA) (54 USC Section 306108) requires that Federal undertakings (i.e. projects, activities, or programs funded in whole or in part under the jurisdiction of a Federal agency) consider potential effects to historic properties. Historic properties are defined by the Code of Federal Regulations (CFR) as “any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places (NRHP) maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization that meet the NRHP Criteria” (36 CFR Part 800.16[l]). 5.1.2 Criteria for Eligibility for the National Register of Historic Places Cultural resources are eligible for the NRHP if they retain integrity to reflect significant associations as defined in the regulations for the NRHP. A property must meet one or more of the following key criteria to be considered significant (36 CFR 60.4):  It is associated with events that have made a significant contribution to the broad pattern of our history; or  It is associated with the lives of people significant in our past; or  It embodies the distinct characteristics of a type, period, or method of construction, or that represents the work of a master, or that possesses high artistic values, or it represents a significant and distinguishable entity whose components may lack individual distinction; or 15443 6 JULY 2024  It has yielded, or is likely to yield, information important in prehistory or history. A property must have significance and integrity to be considered eligible for listing in the NRHP. Integrity is assessed through seven key aspects: location, design, setting, materials, workmanship, feeling, and association (36 CFR 60.4). 5.2 State Regulations While the inclusion of a Historical Resources Element is not required by any Federal or State law, California Government Code Section 65303 provides jurisdictions the opportunity to include any other elements that relate to the physical development of that jurisdiction. State regulations regarding historical resources take shape through the CRHR and regulations under CEQA which include regulations pertaining to tribal consultation in the event a general plan is proposed to be amended. 5.2.1 California Register of Historical Resources In California, the term “historical resource” includes but is not limited to “any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California” (California Public Resources Code [PRC], Section 5020.1[j]). In 1992, the California Legislature established the CRHR “to be used by state and local agencies, private groups, and citizens to identify the state’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change” (PRC Section 5024.1[a]). The criteria for listing resources in the CRHR were expressly developed to be in accordance with previously established criteria developed for listing in the NRHP. NRHP listed or eligible properties are considered eligible for listing in the CRHR, and thus are significant historical resources for the purpose of CEQA (PRC Section 5024.1[d][1]). Public or private projects funded or approved by public agencies are required to comply with regulations outlined under CEQA to assess the impacts of the project on archeological, historical, and tribal cultural resources. 5.2.2 Senate Bill 18 The Local and Tribal Intergovernmental Consultation Process, commonly known as SB 18, was signed into law September 2004 and took effect March 1, 2005. SB 18 refers to PRC Sections 5097.9 and 5097.995, which defines cultural places as follows:  Native American sanctified cemetery place of worship, religious or ceremonial site, or sacred shrine (PRC Section 5097.9)  Native American historic, cultural, or sacred site that is listed or may be eligible for listing in the CRHR pursuant to Section 5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site (PRC Section 5097.993). SB 18 established responsibilities for local governments to contact, provide notice to, refer plans to, and consult with California Native American tribes that have been identified by the Native American Heritage Commission (NAHC) and tribes that have requested consultation after local government outreach as stipulated in Government Code Section 65352.3. The purpose of this consultation process is to protect the identity of the cultural place and 15443 7 JULY 2024 to develop appropriate and dignified treatment of the cultural place in any subsequent project. The consultation is required whenever a general plan, specific plan, or open space designation is proposed for adoption or to be amended. 15443 8 JULY 2024 6 Land Use The City’s adopted Land Use Element guides land use and development in the City, which includes land use policies and strategies related to the use of open space. The focus of the adopted Land Use Element is to balance residential, commercial, and recreational needs, maintain Newport Beach’s coastal character, and promote and preserve open space. It also addresses issues related to sustainable development, transportation, and community aesthetics to guide Newport Beach’s future growth and development. Key requirements as they relate to the Land Use Element are detailed below. 6.1 Federal Regulations There are no Federal regulations related to land use planning or the contents of the Land Use Element. 6.2 State Regulations In accordance with Government Code 65302, Land Use Elements are a required element of General Plans. They designate the proposed general distribution, location, and extent of the uses of land for housing, business, industry, open space, and other categories of public and private uses of land. In addition to State land use regulations, other regulations can influence land use. 6.2.1 Land Use Element Guidelines Land Use Elements and their requirements are mandated by the State, although there are certain aspects of State law that require the California Governor’s Office of Planning and Research (OPR) to develop guidelines that must be considered in the development of a general plan. OPR is required to adopt and periodically revise the State General Plan Guidelines for the preparation and content of General Plans for all cities and counties in the State, consistent with Government Code Section 65302, which establishes the content, statutory requirements, and consultation for the General Plan. The guidelines provided by OPR focus on the importance of the Land Use Element to implement policies from other elements related to land use. For example, elements related to conservation, noise, and circulation should serve as guides for establishing a pattern of land use that minimizes the exposure of residents to excessive noise. Additionally, the guidelines emphasize the needs for a land use plan to implement the housing element and its share of the regional housing needs allocation (RHNA) and consider population growth and trends, community and regional demographics, the local mix of jobs and housing, economic trends, and infrastructure needs. Government Code Sections 65302–65302(a) specifically requires the Land Use Element to designate the proposed general distribution, location, and extent of land uses, and need to provide a diagram or diagrams for the following:  Housing, business, and industry  Open space, including agricultural land, watersheds, natural resources, and recreation  Recreation facilities and opportunities  Educational facilities  Public buildings and grounds 15443 9 JULY 2024  Future solid and liquid waste facilities  Greenways  Timberland Preserve Zone lands  Areas subject to flooding, identified by either flood plain mapping prepared by the Federal Emergency Management Agency or the California Department of Water Resources, or mapped flood areas adopted by the local community on Flood Insurance Rate Maps  Military land use compatibility and impacts to military readiness  Other categories of public and private uses of land, such as marine protected areas 6.2.2 Assembly Bill 2292 AB 2292 (2002) as amended by SB 166 (2017) prohibits a city or county from reducing the residential density for any parcel to a density that is below the density that was utilized by the Department of Housing and Community Development (HCD) in determining compliance with housing element law, unless certain findings are made. 6.2.3 California Coastal Act The California Coastal Act is a State law that governs development in the coastal zone, and the California Coastal Commission (CCC) is the State agency that implements the California Coastal Act. The CCC maintains regulatory authority and permitting jurisdiction over the use of land and water in the coastal zone until a local government prepares a Local Coastal Program (LCP) that includes both a Land Use Plan and an Implementation Plan. Generally, the Land Use Plan is either a portion of a city’s General Plan or a distinct plan that indicates the kinds, locations, and intensities of land uses in that city’s coastal zone and includes resource protection and development policies. The Implementation Plan is made up of zoning ordinances and maps that implement and further delineate the policies of the Land Use Plan, and it can be a distinct ordinance or part of a city’s larger zoning code. After approval of the LCP by the local government, the CCC reviews the LCP for consistency with the policies of the California Coastal Act and certifies it. Once a local government’s LCP is certified, the CCC delegates permitting authority for development within the coastal zone to that local government. The LCP is the standard regulatory and permitting guide for development in a city’s coastal zone. The Newport Beach LCP was certified by the CCC in 2017 and is further discussed in Section 4.3.3. 6.2.4 Airport Land Use Compatibility In 1967, the California State Legislature authorized the creation of Airport Land Use Commissions to protect the public health and safety within areas around public airports. The specific commissions are established at the county level, governed by Public Utility Code Section 21670, which must create an Airport Land Use Compatibility Plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the commission, in accordance with Public Utility Code Section 21675(a). Local General Plans and zoning must be consistent with Airport Land Use Compatibility Plans. For General Plans that include areas covered by an airport land use compatibility plan, General Plans must be submitted to the Airport Land Use Commission for review prior to local adoption. Although there is no airport within the City’s boundaries, John Wayne Airport abuts the City’s northern-most boundary, referred to as “Airport Area” in the adopted Land Use Element. The Orange County Airport Land Use Commission’s John Wayne Airport: Airport Environs Land Use Plan (AELUP) provides guidelines, land use policies, 15443 10 JULY 2024 and actions for the development of land in the Airport Area to protect public health and safety. The AELUP establishes standards to protect the public from aircraft noise and potential aircraft accidents, to prevent development from encroaching in navigable airspace, and to prevent activities or facilities that could be unfavorable for airport operations. Standards in the AELUP that impact land use include the following:  Noise. Noise contours established by the AELUP provide guidance on the types of land uses that are appropriate given the noise levels. Sensitive uses, such as residential uses and certain community facilities that may contain sensitive populations, should be avoided in areas with higher noise levels, unless the building uses materials and is designed in a manner to attenuate noise to appropriate levels.  Hazards. Zones are established by the AELUP to identify areas with the greatest potential for aircraft accidents. To minimize the risk for loss of life and property, residential uses are prohibited in these areas, and intensity of any use developed should be minimized.  Height Restrictions. To maintain navigable airspace, the height, location, and visibility of development must be considered. Per Federal Aviation Regulation Part 77, Section 77.13(a), notice to the Federal Aviation Administration is required for any proposed structure more than 200 feet above ground level. Given the regulations of the AELUP and the limitations imposed on lands in the Airport Area, future land use changes must consider potential conflicts with the AELUP and the operations of the airport. 6.2.5 Urban Water Management Planning Act In 1983, the Urban Water Management Planning Act (UWMP Act) was established by Assembly Bill 797, and passage of this law recognized that water is a limited resource and that efficient water use and conservation would be actively pursued throughout the State of California. The UWMP Act requires that water suppliers providing water for municipal purposes either directly or indirectly to more than 3,000 customers, or supplying more than 3,000 acre-feet of water annually, adopt a Urban Water Management Plan (UWMP) every five years demonstrating water supply reliability in normal, single dry, and multiple dry water years. The City’s Urban Water Management Plan (UWMP) was prepared and published in 2020 and includes a comprehensive evaluation of the reliability of Newport Beach’s water supply over a long-term horizon (20–25 years) based on an assessment of present and future water supply sources and demands in the City’s service area. The UWMP also discusses water shortage contingency planning and includes a Water Shortage Contingency Plan (WSCP), which details the City’s plan to prepare for and respond to water shortages. As part of its long-range planning activities, urban water suppliers must make efforts to ensure there is an appropriate level of reliability in its water service to sufficiently meet the needs and should collaborate closely with local jurisdictions to ensure water demand forecasts are consistent with current land use plans. While UWMPs do not have to be addressed in land use elements, changes in intensity and land use could influence water demands and UWMPs. 15443 11 JULY 2024 7 Natural Resources The City’s adopted Natural Resources Element combines policies to address general plan requirements of conservation and open space. While most policies in the adopted Natural Resources Element pertain to the conservation and utilization of the City’s natural resources, certain policies also provide general guidance for parks and recreation in relation to the conservation, development, and utilization of natural resources. Key requirements as they relate to the Natural Resources Element are outlined below. 7.1 Federal Regulations Unless listed within the National Park Services, preservation of natural resources is primarily performed at the State and local level. 7.2 State Regulations While not a required element of the General Plan the City’s adopted Natural Resources Element fulfills the requirements of a Conservation Element and most requirements of an Open Space Element in accordance with Government Code 65302. Conservation Elements are required to address the conservation, development, and utilization of natural resources including water, forest, soils, rivers, harbors and fisheries, wildlife, minerals, and other resources. Open Space Elements are required to identify open space lands and actions for the preservation of open space. Open space lands generally include lands used for the production of food and fiber, for the enjoyment of scenic beauty, for recreation, and for the use of natural resources. The City’s adopted General Plan addresses the recreational requirements of an Open Space Element within the adopted Recreation Element. 7.2.1 Senate Bill 272 Although the CCC has been encouraging and funding the adoption of sea-level rise planning policies in LCPs by local governments for many years, SB 272 (2023) 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. The City has already completed a Sea Level Rise Vulnerability Assessment (2019) identifying likely sea-level rise impacts throughout Newport Beach, including Newport Harbor. These vulnerabilities should be addressed through development of adaptation strategies that follow the latest CCC guidance. The combination of sea-level rise projections, land uses, and existing development patterns will help identify areas that are good candidates for adaptation measures, such as hard armoring (e.g., seawalls, bulkheads, riprap, revetments, caissons), structural elevation, sacrificial structures, development removal based on trigger points, floodproofing, adaptive design, relocation, and nature-based solutions (e.g., beach nourishment, dune enhancement, wetland restoration, living shorelines). 15443 12 JULY 2024 7.2.2 Senate Bill 1425 SB 1425 (2022) requires all local jurisdictions to update the open space element of their General Plan by January 1, 2026. Specifically, this bill requires the open space element to include plans and action programs that address the following:  Access to open space for residents in a manner that considers social, economic, and racial equity, and aligns with environmental justice policies  Climate resilience and other cobenefits of open space, that are to be coordinated with the safety element  Rewilding opportunities aligned with the land use element that aim to preserve, enhance, and expand natural ecosystems. The City addresses its open space requirements in the adopted Natural Resources Element. 7.2.3 Assembly Bill 1739 AB 1739 (2014) requires local jurisdictions to review and consider groundwater sustainability and management plans, water rights, and plans and guidance provided by the State Water Resources Control Board prior to any substantial amendment of the general plan. Prior to adoption of a substantial amendment to the general plan, the local jurisdiction must notify the following entities of the proposed action:  A city or county within the area covered by the proposed action  An elementary, high school, or unified school district covered by the proposed action  The local agency formation commission  Any areawide planning agencies whose operations may be significantly affected by the proposed action  A Federal agency, if its operations or lands within its jurisdiction may be significantly affected by the proposed action  The branches of the United States Armed Forces if the proposed action is within 1,000 feet of a military installation or lies within special use airspace  Public water systems with 3,000 or more service connections that serves water to customers within the area covered by the proposed action  Groundwater sustainability agencies that manages groundwater within the area of the proposed action  The State Water Resources Control board with territory covered by the proposed action  California Native American tribes with traditional lands located within the local jurisdiction’s boundaries Notified entities have 45-days from receipt of the notification to review and respond. 15443 13 JULY 2024 8 Recreation The City’s adopted Recreation Element addresses parks and recreational facilities, recreation programs, shared facilities, coastal recreation and support facilities, marine recreation and public access, and the provision of parklands and recreation programs for Newport Beach’s residents. More specifically, the primary purpose of the Recreation Element is to ensure an appropriate balance between the provisions of sufficient parks and recreation facilities and the current and future residential and business population of Newport Beach. Key requirements as they relate to the Recreation Element are outlined below. 8.1 Federal Regulations Recreation and open space are not regulated by Federal policies or programs, unless they are related to Federal lands under the jurisdiction of the U.S. Department of Agriculture Forest Service, the Bureau of Land Management, or the National Park Service. 8.2 State Regulations While not a required element of the General Plan the City’s adopted Recreation Element fulfills the recreational requirements of an Open Space Element in accordance with Government Code 65302. All other requirements of an Open Space Element are addressed within the City’s adopted Natural Resources Element. 8.2.1 Senate Bill 1425 SB 1425 (2022) requires all local jurisdictions to update the open space element of their General Plan by January 1, 2026. Specifically, this bill requires the open space element to include plans and action programs that address the following:  Access to open space for residents in a manner that considers social, economic, and racial equity, and aligns with environmental justice policies  Climate resilience and other cobenefits of open space, that are to be coordinated with the safety element  Rewilding opportunities aligned with the land use element that aim to preserve, enhance, and expand natural ecosystems. The City addresses recreational open space within the adopted Recreation Element and all other open space requirements in the adopted Natural Resources Element. 15443 14 JULY 2024 9 Safety The City’s adopted Safety Element identifies natural and human-induced hazards and establishes goals and policies aimed at reducing the potential risk of death, injuries, property damage, and economic and social dislocation resulting from those hazards. The Hazards Assessment Study,1 which informed the analysis and policies of the Safety Element, evaluated historical hazardous events and a series of scenarios for each hazard’s potential impacts in the future. The Hazard Assessment Study evaluates coastal hazards, seismic and geologic hazards, flooding hazards, fire hazards, hazardous materials hazards, and aviation hazards. 9.1 Federal Regulations Safety elements are mandated by State requirements, but there are also Federal regulations that support and impact safety elements, which should be considered, as outlined below. 9.1.1 Local Hazard Mitigation Plan The Disaster Mitigation Act of 2000 creates a framework for State, local, and tribal and territorial governments to engage in hazard mitigation planning to receive non-emergency disaster assistance. It promotes a proactive approach to disaster management by encouraging mitigation planning, providing funding for mitigation projects, involving the public and interested parties, and improving coordination among government agencies. The key provisions of the Act are as follows:  Mitigation Planning: The Act requires State and local governments to develop and adopt hazard mitigation plans, often called local hazard mitigation plans (LHMPs). These plans outline strategies for identifying, assessing, and reducing the risks posed by various natural and human-made hazards, such as floods, earthquakes, and hurricanes. LHMPs must be updated every 5 years.  Funding: The Act authorizes the allocation of Federal funds to support hazard mitigation planning and projects. This financial assistance is provided to State and local governments to implement mitigation measures, making communities more resilient to disasters.  Public Participation: The Act promotes public participation in the planning and decision-making processes related to disaster mitigation. It encourages involving community members and interested parties to ensure that mitigation efforts reflect local needs and priorities.  Coordination: The Act stresses the importance of coordination among Federal, State, and local agencies, as well as non-governmental organizations, in disaster mitigation efforts. Effective collaboration is seen as essential for successful hazard reduction.  Building Codes and Standards: The Act encourages the adoption and enforcement of building codes and construction standards that take into account the risks posed by various hazards. This helps ensure that new structures are more resilient to disasters.  Disaster Resilience: The Act seeks to increase the resilience of critical infrastructure, including transportation systems, utilities, and communication networks, to minimize disruption during disasters. 1 City of Newport Beach. 2004. Technical Background Report. June 2004. https://www.newportbeachca.gov/government /departments/community-development/planning-division/general-plan-codes-and-regulations/general-plan. 15443 15 JULY 2024  Pre-Disaster Mitigation Program: The Act establishes the Pre-Disaster Mitigation Program, which provides grants to support projects that reduce the risk of future disasters. These projects may include structural improvements, land-use planning, and community education initiatives.  Research and Data Collection: The Act supports research and data collection efforts to better understand and predict natural hazards, as well as assess their potential impact on communities. The City has addressed disaster mitigation by completing and adopting an LHMP, which analyzes several potential hazards, including earthquakes, floods, tsunamis, wildfires, unstable slopes, and strong winds. The LHMP includes action items and programs to assist the City in reducing risk and preventing loss from future hazard events and provides resources and information pertinent to disaster mitigation planning. During safety element updates, the LHMP is able to be incorporated by reference as a result of AB 2140 (2006). This incorporation allows for policy and background consistency even if the Safety Element does not include all topics or policies included in the LHMP. 9.2 State Regulations In accordance with Government Code 65302, Safety Elements are a required element of General Plans. They addresses natural and human-caused hazards and the potential short- and long-term risks to human life, property, and economic and social dislocation resulting from hazard events, including air pollution, extreme heat, flooding, geologic hazards, hazardous materials, and wildfires. Because climate change affects and potentially exacerbates the impact of hazards, safety elements are also required to address climate change within each applicable hazard section. 9.2.1 OPR Safety Element Guidelines OPR provides comprehensive guidelines for all required general plan elements, including the safety element, consistent with Government Code Section 65302, which establishes the scope, authority, and requirements for the general plan. The guidelines stress the need for local governments to analyze vulnerability and exposure to various hazards, taking into account the location of critical infrastructure, population density, and land use patterns. Following this analysis, local governments must adopt policies and strategies to mitigate risks and enhance community resilience. This includes promoting land-use patterns that minimize exposure to hazards, encouraging the development of resilient infrastructure, and ensuring that emergency response plans are in place. Moreover, the guidelines underscore the importance of ongoing monitoring and evaluation to assess the effectiveness of safety measures and adapt the general plan as needed to address evolving threats. The safety element must address the following hazards:  Seismically induced surface rupture, ground shaking, and ground failure  Tsunami, seiche, and dam failure  Slope instability leading to mudslides and landslides  Subsidence  Liquefaction and other known seismic hazards  Flooding  Wildland and urban fires 15443 16 JULY 2024  Climate change In its safety element, a local government must analyze the above hazards in terms of the community’s vulnerability and exposure; identify their location, frequency, and severity; and establish policies and strategies to mitigate risks. 9.2.1.1 Climate Change Adaptation and Resilience Although climate change should be addressed in other elements of city and county general plans, the safety element typically contains the primary discussion of the topic. As such, as climate change causes shifts in environmental conditions, safety elements should consider and plan for the environmental conditions possible at the end of the planning horizon. For example, policies and strategies should adequately adapt and build resilience to more frequent and severe heat waves, more intense precipitation events, heightened wildfire risk, and coastal flooding and sea-level rise (if applicable), among other risks. 9.2.1.2 Consultation Requirements OPR’s guidelines require that cities and counties consult with various government agencies prior to preparing or revising their safety element. Those agencies include CGS and Cal OES, which, during the consultation process, provide updated hazard information known by and available to the department or agency, such as information pertaining to known fault lines or changes in risk level. After the local government has completed its draft safety element, or amendment of its safety element, and prior to adopting the safety element, it must provide the draft to CGS for review to determine if all known seismic and other geologic hazards are addressed, pursuant to Government Code Section 65302.5(a). Additionally, if the local government contains a State fire responsibility area or a very high fire hazard severity zone, the local government must provide a draft of its safety element or amendment to its safety element to the State Board of Forestry and Fire Protection prior to adoption. In this consultation process, the Board may recommend changes to land use and policies or strategies for reducing fire risk. Additional consultation requirements apply to local governments located in the Sacramento and San Joaquin Drainage Districts. 9.2.2 Local Hazard Mitigation Planning in Safety Elements AB 2140 (2006) allows safety elements to adopt LHMPs by reference, allowing local jurisdictions to be eligible for additional State disaster relief funding. Disaster relief funding includes part or all of its local-share costs on eligible Public Assistance funding to be provided from the State through the California Disaster Assistance Act (CDAA). SB 379 (2015) expands upon AB 2140, requiring cities and counties to integrate applicable climate adaptation and resilience strategies into their safety element. For cities or counties with an adopted LHMP, starting January 1, 2017, upon the subsequent revision of the LHMP, the city or county must address climate adaptation strategies in its safety element. If the local government does not have an adopted LHMP, the safety element of the general plan must address climate adaptation and resilience strategies by January 1, 2022. If a local government has adopted an LHMP or other plan that complies with the above requirements (and others in Government Code Section 65302[g]), the safety element should incorporate the adopted plan by reference and demonstrate how each requirement of SB 379 was met. Safety element updates pursuant to SB 379 must consider the guidance provided by OPR’s General Plan Guidelines and must include the following:  A vulnerability assessment that identifies climate change risks to the local government, including those applicable to specific geographic areas (to inform this assessment, local governments may refer to a 15443 17 JULY 2024 number of resources from Federal, State, regional, and local agencies, as listed in Government Code Section 65302[g])  A set of adaptation and resilience goals, policies, and objectives  A set of feasible implementation measures to carry out those goals, policies, and objectives SB 1035 (2018) builds upon SB 379 and requires jurisdictions to review their safety elements upon each revision of the housing element or local hazard mitigation plan to identify new information relating to flood and fire hazards, as well as climate adaptation and resilience information, that was not available during the previous revision of the safety element. 9.2.3 Assembly Bill 747 and Assembly Bill 1409 In accordance with AB 747 (2019), beginning January 1, 2022, local jurisdictions must review and update their safety elements upon the next revision of the Local Hazard Mitigation Plan. Updates to the safety element must identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. If a local government has an adopted LHMP, emergency operations plan, or other document that complies with the above requirements. Similar to other bills, this bill allows jurisdictions to summarize and incorporate this information by reference in the safety element. AB 1409 (2021) further expands on evacuation preparedness by requiring that safety elements identify evacuation locations. Evacuation locations include locations that have adequate capacity, safety, and viability for people to move to during the respective emergency scenario. The City’s adopted Safety Element includes a policy to plan evacuation routes for coastal areas based on tsunami inundation maps. Such plans exist in the City’s adopted LHMP. As such, the City partially complies with AB 747. However, evacuation locations and evacuation routes for other hazard scenarios, such as fires or geologic hazards, are not considered by the adopted Safety Element. 9.2.4 Senate Bill 99 SB 99 (2019) requires local jurisdictions, upon the next revision of the housing element on or after January 1, 2020, to review and update the safety element to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes. 9.2.5 Safety Element Review Authority In accordance with California Government Code 65302.5, local jurisdictions must submit a copy of the safety element to the California Geological Survey of the Department for review at least 45 days prior to adoption or an amendment. Assembly Bill 3065 (2004) requires that safety elements be submitted to the State Board of Forestry and Fire Protection and to all local agencies that provide fire protection to territory in the respective city or county. Under this submittal the State Board of Forestry and Fire Protection is required to review and recommend changes and local agencies are provided with the authority to review and recommend changes. AB 2911 (2018) expanded upon this requirement to authorize the State Board of Forestry and Fire Protection to request a consultation with the respective board of supervisors or city council if the local agency decides not to adopt revisions based on the board’s recommendations. 15443 18 JULY 2024 9.2.6 Senate Bill 1241 SB 1241 (2012) requires safety elements to take into account considerations from the most recent version of OPR’s “Fire Hazard Planning” document with regard to requirements for areas that the State bears financial responsibility of preventing and suppressing fires and very high fire hazard severity zones. 9.2.7 Urban Water Management Planning Act In 1983, the Urban Water Management Planning Act (UWMP Act) was established by Assembly Bill 797, and passage of this law recognized that water is a limited resource and that efficient water use and conservation would be actively pursued throughout the State of California. The UWMP Act requires that water suppliers providing water for municipal purposes either directly or indirectly to more than 3,000 customers, or supplying more than 3,000 acre-feet of water annually, adopt a Urban Water Management Plan (UWMP) every five years demonstrating water supply reliability in normal, single dry, and multiple dry water years. The City’s Urban Water Management Plan (UWMP) was prepared and published in 2020 and includes a comprehensive evaluation of the reliability of Newport Beach’s water supply over a long-term horizon (20–25 years) based on an assessment of present and future water supply sources and demands in the City’s service area. The UWMP also discusses water shortage contingency planning and includes a Water Shortage Contingency Plan (WSCP)which details the City’s plan to prepare for and respond to water shortages. As part of its long-range planning activities, urban water suppliers must make efforts to ensure there is an appropriate level of reliability in its water service to sufficiently meet the needs and should collaborate closely with local jurisdictions to ensure water demand forecasts are consistent with current land use plans. While UWMPs do not have to be addressed in land use elements, changes in intensity and land use could influence water demands and UWMPs. Safety elements must address peakload water supply requirements, according to Government Code Section 65302(g)(1), in the context of fire and geologic hazards. Peakload water supply requirements describe the supply of water needed to meet both domestic water and firefighting needs during the season and time of day when demand on a water system is at its peak. Therefore, the scope of safety elements regarding water supply is narrower than that of the UWMP. The safety element does not engage in long-term water supply planning; however, it may incorporate assessment or findings of the UWMP to support its peakload water supply analysis. 15443 19 JULY 2024 10 Environmental Justice State law mandates that cities and counties with disadvantaged communities incorporate Environmental Justice considerations into their planning processes. This requirement stems from Senate Bill (SB) 1000 (2016), which requires local jurisdictions to address Environmental Justice in their General Plans (see section 9.2.1). For jurisdictions where Environmental Justice applies, there are two primary approaches to integrating Environmental Justice into the General Plan:  Jurisdictions may include a standalone Environmental Justice Element in their General Plan. This element would focus specifically on identifying and addressing the environmental and public health issues faced by disadvantaged communities. By having a standalone element, jurisdictions can give greater visibility and priority to Environmental Justice concerns. This approach should be considered for cities and counties with significant environmental justice issues that warrant a standalone Element.  Alternatively, jurisdictions may integrate Environmental Justice considerations throughout the various elements of the General Plan. This approach involves incorporating Environmental Justice policies into the goals, policies, and programs of each element, rather than having a separate element dedicated solely to Environmental Justice. This approach can help ensure that Environmental Justice is integrated into all aspects of planning and decision-making. 10.1 Federal Regulations While Environmental Justice-related requirements related to land use and policy planning for jurisdictions in California primarily come from State regulation, Federal actions are important to consider, as they have influenced State requirements. Key Federal regulations and definitions are outlined below. 10.1.1 Executive Order 12898 The first Federal action to directly address Environmental Justice was Executive Order 12898, issued by President Bill Clinton in 1994, aimed at promoting Environmental Justice and ensuring that all communities, regardless of race or income, have equal protection from environmental hazards and access to a healthy environment. This Executive Order directs Federal agencies to identify and address disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority and low-income populations. 10.1.2 Title VI of the Civil Rights Act The EPA and other Federal agencies enforce Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. This includes ensuring that Environmental Justice considerations are taken into account in decision-making processes. 15443 20 JULY 2024 10.1.3 US EPA The U.S. Environmental Protection Agency defines Environmental Justice as the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment so that people:  are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and  have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices.2 10.2 State Regulations California Government Code Section 65302 defines , "Environmental justice" as the fair treatment of people of all races, cultures, and income with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies, and requires Environmental Justice to be addressed in General Plans for local agencies that identify disadvantaged communities. SB 115 (1999) defined Environmental Justice in statute and designated the Office of Planning and Research (OPR) as the coordinating agency for State Environmental Justice programs (Gov. Code 65040.12). Subsequently, AB 1553 (2001) required OPR to develop guidance for General Plans by 2003. Since then, OPR’s General Plan Guidelines have offered direction on incorporating Environmental Justice considerations into General Plans in accordance with Government Code Section 65040.12(c)-(d). SB 1000 (2016) made Environmental Justice a mandatory General Plan consideration to be addressed in jurisdictions with disadvantaged communities. In accordance with Government Code Section 65302(h)(1), disadvantaged communities are defined as: “an area identified by the California Environmental Protection Agency Pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.” The statute defines low- income areas as having household incomes at or below 80% of the Statewide median income or at or below the threshold designated as “low income” by the HCD’s list of State income limits. 10.2.1 Assembly Bill 1553 AB 1553 (2001), codified under Government Code Section 65040.12(d), required the California OPR to develop environmental justice guidelines for General Plans by 2003. As such, OPR’s guidelines must recommend provisions for General Plans to do all of the following:  Propose methods for planning for the equitable distribution of new public facilities and services that increase and enhance community quality of life throughout the community, given the fiscal and legal constraints that restrict the siting of these facilities  Propose methods for providing for the location, if any, of industrial facilities and uses that, even with the best available technology, will contain or produce material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety, in a manner that seeks to avoid over-concentrating these uses in proximity to schools or residential dwellings 2 US EPA. 2024. “Environmental Justice.” Accessed February 2024. https://www.epa.gov/environmentaljustice 15443 21 JULY 2024  Propose methods for providing for the location of new schools and residential dwellings in a manner that seeks to avoid locating these uses in proximity to industrial facilities and uses that will contain or produce material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety  Propose methods for promoting more livable communities by expanding opportunities for transit-oriented development so that residents minimize traffic and pollution impacts from traveling for purposes of work, shopping, schools, and recreation In accordance with Government Code Section 65040.2 OPR has adopted and periodically revises the General Plan Guidelines. 10.2.2 Senate Bill 1000 SB 1000 (2016) requires local governments to identify any disadvantaged communities that exist within their boundaries. As described in further detail below, disadvantaged communities are identified according to four possible categories. If there is a disadvantaged community identified within the jurisdiction’s planning area, the jurisdiction must incorporate Environmental Justice into its General Plan. To address this requirement, in accordance with Government Code Section 65302(h), the Environmental Justice component must:  Include policies to reduce the unique or compounded health risks in disadvantaged communities  Promote civic engagement in the public decision-making process  Prioritize improvements and programs that address the needs of disadvantaged communities Furthermore, the California Department of Justice (DOJ) has published best practices for implementing SB 1000 to guide local governments through incorporating Environmental Justice into General Plans3. This guidance addresses each of the eight mandatory topic areas of Environmental Justice, which include: reduce pollution exposure, promote public facilities, promote food access, promote safe and sanitary homes, promote physical activity, address other unique or compounded health risks, promote community engagement, and prioritize improvements and programs that address the needs of disadvantaged communities. As detailed in the guide, community engagement is emphasized to inform the development of policies and strategies. Community engagement is necessary to identify all disadvantaged communities and understand their specific needs; it is also necessary to develop policies to promote Environmental Justice compliant with SB 1000. California DOJ also specifies which features constitute effective Environmental Justice policy. Although effective policy varies by the jurisdiction’s unique context. In general, policies should be complete, specific, concrete, targeted, binding (using mandatory language), and should contain implementation measures. At a minimum, the General Plan must address each of the identified Environmental Justice pillars. 10.2.3 Senate Bill 535 Disadvantaged Communities Designation The passage of SB 535 (2012) gave the California Environmental Protection Agency (CalEPA) the responsibility for identifying disadvantaged communities. SB 535 further stipulates that 25% of the proceeds of the Greenhouse Gas Reduction Fund must be spent on projects that provide a benefit to disadvantaged communities. To identify disadvantaged communities, CalEPA’s Office of Environmental Health Hazard Assessment developed the California 3 California Department of Justice (2023). “Best Practices for Implementing SB 1000.” Accessed February 2024. https://oag.ca.gov/environment/sb1000 15443 22 JULY 2024 Communities Environmental Health Screening Tool (CalEnviroScreen). CalEnviroScreen is a mapping tool that contains 12 indicators related to pollution burden and 8 indicators to track populations characteristics and other vulnerabilities. In 2022, CalEPA updated its designation of disadvantaged communities. This updated designation includes four possible types of disadvantaged communities:  Census tracts receiving the highest 25 percent of CalEnviroScreen overall scores  Census tracts lacking overall scores due to data gaps, but with the highest 5 percent of CalEnviroScreen Pollution Burden scores  Census tracts recognized as disadvantaged in CalEPA’s most recent SB 535 designation, made in 2017  Areas under the control of Federally recognized Tribes, which the Tribe has established as a disadvantaged community through consultation with CalEPA In determining the criteria for identifying disadvantaged communities, CalEPA recognized that while there is an 85 percent overlap between the census tracts designated as disadvantaged in CalEnviroScreen 3.0 and those in the highest scoring census tracts under CalEnviroScreen 4.0, there is value in ensuring that the census tracts that were in the highest scoring 25 percent in CalEnviroScreen 3.0 but are not in the top 25 percent in CalEnviroScreen 4.0 continue to be considered disadvantaged and thus eligible for disadvantaged community-related funding opportunities through California Climate Investments. In some instances, these census tracts may have fallen below the disadvantaged community thresholds, in part, because of California Climate Investments programming. Recognizing these communities as disadvantaged will allow for program continuity4. 10.2.4 Assembly Bill 1550 AB 1550 (2016) defines “low-income communities” and establishes the currently applicable minimum funding levels for investment from the State’s Cap-and-Trade Program:  At least 25 percent of funds must be allocated toward projects located in and benefiting individuals living in disadvantaged communities  At least 5 percent must be allocated toward projects that benefit low-income households or to projects located within the boundaries of, and benefiting individuals living in, low-income communities  At least 5 percent must be allocated toward projects that benefit low-income households that are outside of, but within a 1/2 mile of, disadvantaged communities, or to projects located within the boundaries of, and benefiting individuals living in, low-income communities that are outside of, but within a 1/2 mile of, disadvantaged communities. In accordance with AB 1550, “low-income communities” are census tracts with median household incomes at or below 80 percent of the Statewide median income or with median household incomes at or below the threshold designated as low income by HCD’s list of State income limits adopted pursuant to Section 50093. The identification of low-income communities assists in the identification of disadvantaged communities for the purposes of environmental justice. 4 California Environmental Protection Agency. “Final Designation of Disadvantaged Communities Pursuant to Senate Bill 535.” May 2022. https://calepa.ca.gov/envjustice/ghginvest/ 15443 23 JULY 2024 10.3 Newport Beach Environmental Justice Assessment The following analysis describes the steps taken to identify disadvantaged communities in Newport Beach and assesses the identified disadvantaged communities through the lens of the eight mandatory Environmental Justice topic areas. In accordance with Government Code 65302(h) “disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. This definition incorporates two meanings of disadvantaged communities, and conveys that jurisdictions should look not only to the disadvantaged communities identified by CalEPA in accordance with SB 535, but to also look to available data to understand other areas that may be considered disadvantaged communities. 10.3.1 Disadvantaged Communities Screening Analysis Identifying disadvantaged communities involves a step-by-step analysis of existing pollution burden and economic disadvantage. CalEPA identifies disadvantaged communities consistent with SB 535, but disadvantaged communities may exist beyond those identified by CalEPA. OPR provides guidance on how to identify additional disadvantaged communities beyond those identified by CalEPA. As part of the screening analysis, low-income areas should be evaluated for disproportionate environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. While statute does not include a definition or process for determination of disproportionate pollution burden or other hazards, OPR provides guidance and emphasizes that local jurisdictions should broadly analyze possible disproportionate burdens to further the protective intent of Government Code section 65302(h). The following process, as recommend by OPR, is employed to determine if and where disadvantaged communities exist in Newport Beach5. Figure 1 below illustrate this process. 1. Use CalEnviroScreen to examine whether the planning area for the General Plan contains census tracts that have a combined score of 75% or higher (Note: this includes census tracts in either version 3.0 or version 4.0 of CalEnviroScreen, which is captured by CalEPA in accordance with SB 535). 2. Map the household median income by census tract in the planning area at or below Statewide median income and examine for disproportionate pollution burden. 3. Map the household median income by census tract in the planning area at or below HCD’s State income limits and examine for disproportionate pollution burden. 4. Incorporate and analyze community-specific data, including public outreach, and examine for additional pollution burden and health risk factors that may not be well captured in the data. If criterion 1 is met, that census tract is considered a disadvantaged community. Disadvantaged communities meeting criterion 1 are captured through CalEPA’s SB 535 maps. The remaining census tracts must be evaluated in accordance with criteria 2 and 3, if any additional census tract’s median household income falls below the Statewide median income or HCD’s State income limits and it faces disproportion pollution burden, that census tract is considered a disadvantaged community.6 OPR does not define “disproportionate pollution burden” and for the purposes of this analysis it was defined as a pollution burden score above 75% in CalEnviroScreen 4.0. Census tracts meeting the income thresholds established in criteria 2 and 3 are captured through AB 1550 and pollution burden of such tracts is assessed using CalEnviroScreen. 5 OPR (2023). “Chapter 4: Required Elements.” General Plan Guidelines. Accessed March 2024. https://opr.ca.gov/docs/20200706-GPG_Chapter_4_.pdf 15443 24 JULY 2024 Figure 1. Environmental Justice Screening Process Source: OPR (2023). “Chapter 4: Required Elements.” General Plan Guidelines. 15443 25 JULY 2024 Disadvantaged communities as identified by CalEPA is assessed for criterion 1. As shown in Figure 2, one SB 535 disadvantaged community, Census Tract 63604, intersects the boundary of the City of Costa Mesa and the City of Newport Beach. This is a disadvantaged community as identified by CalEPA, consistent with SB 535. Given that a portion of this census tract lies within Newport Beach, it is considered in this Environmental Justice analysis. This disadvantaged community is identified in version 3.0 of the CalEnviroScreen but is not identified in version 4.0, however SB 535 considers the results of both versions of CalEnviroScreen, consistent with State requirements. Figure 2. SB 535 Disadvantaged Communities Source: California Environmental Protection Agency. SB 535 Disadvantaged Communities (2022 Update). https://experience.arcgis.com/experience/1c21c53da8de48f1b946f3402fbae55c/page/SB-535-Disadvantaged-Communities/. 15443 26 JULY 2024 In accordance with criteria 2 and 3, additional data is assessed through AB 1550 to identify any low-income communities. AB 1550 defines low-income communities and the California Air and Resources Board has mapped low-income communities based on this definition. Two census tracts in Newport Beach are designated as low- income communities in accordance with AB 1550. One census tract overlaps with the disadvantaged community as shown in Figure 2, Census Tract 63604, and the other is Census Tract 63101, which is not identified above in Figure 2. Census Tract 63101 intersects Costa Mesa and Newport Beach, as shown in Figure 3. This census tract must be further assessed for disproportionate pollution burden to determine if it also qualifies as a disadvantaged community. Figure 3. AB 1550 Low-Income Communities Source: California Air Resources Board. California Climate Investments Priority Populations 2023. https://gis.carb.arb.ca.gov/portal/apps/experiencebuilder/experience/?id=6b4b15f8c6514733972cabdda3108348 15443 27 JULY 2024 CalEnviroScreen scores are calculated from the scores for two groups of indicators, including pollution burden and population characteristics. To determine if Census Tract 63101, as identified in Figure 4, meets the criteria of a disadvantaged community, the pollution burden of this census tract is assessed through CalEnviroScreen. As shown in Figure 5, CalEnviroScreen shows that this census tract has a 94 percent pollution burden, well over the 75 percent threshold. Given that this census tract is considered to be a low-income community and has a pollution burden of 94 percent, this census tract is also considered to be a disadvantaged community. Figure 5. CalEnviroScreen Pollution Burden Score CalEnviroScreen 4.0. Pollution Burden Indicator Maps. https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40 15443 28 JULY 2024 This initial Environmental Justice screening indicates two census tracts that should be included in the City’s Environmental Justice planning and policy. However, OPR recommends that community engagement, particularly with low-income communities, communities of color, sensitive populations, tribal governments, and organizations focused on public health and Environmental Justice is needed to confirm the location of disadvantaged communities and better understand their concerns and needs7. The communities that have been identified in this initial Environmental Justice screen should be targeted for engagement efforts regarding Environmental Justice. These communities correspond to the census tracts 63101 (“Tract A”) and 63604 (“Tract B”), as shown in Figure 7. Figure 7. Disadvantaged Communities in Newport Beach 7 OPR (2023). “Chapter 4: Required Elements.” General Plan Guidelines. https://opr.ca.gov/docs/20200706-GPG_Chapter_4_EJ.pdf Source: US Census Bureau (2020) 15443 29 JULY 2024 Tract A is bound to the north by Highway 73/Bristol Street. The portion of the tract within the City of Newport Beach’s jurisdiction features a mix of uses: the Santa Ana County Club and Newport Beach Golf Course, commercial plazas, apartments, and some low-density residential. To its south is the Upper Newport Back Bay. In addition to existing residential uses, Tract A contains sites identified within the City’s adopted 6th Cycle Housing Element to accommodate future housing Tract B is adjacent to the Randall Preserve. The only portion of Tract B that is within the City’s jurisdiction is an industrial park with light industrial and commercial uses that lies on the north side of 16th Street. The portion of Tract B within the City’s boundaries, while identified in the City’s adopted 6th Cycle Housing Element to accommodate future housing, currently has no residential uses. Environmental Justice policies and programs typically focus on disproportionate health and environmental impacts on residents. Since there are no residents in the Newport Beach portion of Tract B, Environmental Justice policies tailored for this tract are not warranted. Therefore, Tract B will be excluded from the remainder of this analysis in sections 9.3.2 through 9.3.9. 15443 30 JULY 2024 10.3.2 Pollution To assess pollution burden in Tract A, this analysis identified those pollution indicators for the census tract scored at or above the 75th percentile in CalEnviroScreen, corresponding to the assessment method described in Section 9.3.1 above. Scores in the top 75th percentile on CalEnviroScreen indicate that exposure to a certain pollution burden is higher than 75% of other tracts in the State. Pollution exposure above this threshold is considered a disproportionate level of pollution burden. Table 2 summarizes which pollution burdens fall within the upper 75th percentile in CalEnviroScreen, as further detailed throughout this section. Table 2: Pollution Burden Percentile by Indicator Indicator Tract A Cleanup sites 77 Groundwater threats -- Toxic release from facilities 84 Diesel pollution -- Traffic pollution 87 Hazardous waste -- Solid waste sites -- Impaired water bodies 98 10.3.2.1 Cleanup Sites Cleanup sites are locations contaminated with hazardous chemicals, necessitating cleanup efforts by either property owners or government entities. Chemicals present at these sites can migrate through the air or groundwater. Individuals residing in proximity to these sites face a higher risk of exposure to these chemicals. “State response” sites are those in which cleanup is undertaken by the State Department of Toxic Substances Control (DTSC) either working directly with responsible parties or without a responsible party (i.e., “orphan sites”). Another common site type is “tiered permit” sites, which are facilities that store, treat, or dispose of hazardous waste and are issued a permit corresponding to regulatory requirements and their degree of risk.8 Tract A falls above the 75th percentile for CalEnviroScreen pollution burden scores for cleanup sites. This is due to several cleanup sites both within Costa Mesa and Newport Beach that include leaking underground storage tanks that require remediation. However, those located in Newport Beach have since been remediated. Therefore, although the census tract is identified as having a disproportionate cleanup site level of pollution, these sites are no longer of concern within Newport Beach. 10.3.2.2 Groundwater Threats Underground and above-ground storage tanks holding hazardous chemicals can leak into soil and groundwater, causing contamination of groundwater supply. Common soil and groundwater pollutants include gasoline and diesel fuels at gas stations, solvents, heavy metals, and pesticides. Leaks can expose people to contaminated soil and water, and can be a major health hazard. Furthermore, it may take years or decades to clean up land and 8 California Office of Environmental Health Hazard Assessment (n.d.). “Cleanup Sites.” Accessed March 2024. https://oehha.ca.gov/calenviroscreen/indicator/cleanup-sites 15443 31 JULY 2024 groundwater after a major leak.9 Tract A scores below the 75th percentile of CalEnviroScreen groundwater threats, and is therefore not a topic of concern for the purposes of this analysis. 10.3.2.3 Toxic Release Facilities Industrial facilities that produce or handle toxic chemicals can emit these substances into the air, contributing to pollution. Information on the release of over 500 chemicals from large facilities across the United States is available through the Toxics Release Inventory (TRI) Program.10 These chemicals can be detected in the air of nearby communities, posing a potential health risk to residents. People living in proximity to these facilities may regularly breathe contaminated air or be exposed to pollutants during accidental releases.11 Tract A scores above the 75th percentile for toxic release from facilities in CalEnviroScreen due to the presence of an electronics manufacturer, north or State Route 73, outside of the City’s boundaries. Toxic releases are of concern in Tract A due to the presence of residents. 10.3.2.4 Diesel Pollution Trucks, buses, trains, and other vehicles or equipment with diesel engines emit exhaust that contains a mixture of gases and solid particles12. The solid particles, diesel particulate matter or diesel PM, can cause numerous health problems with prolonged, significant exposure, including eye, throat, and nose irritation, heart and lung disease, and lung cancer. Children and older adults are most sensitive to these impacts.13 Tract A scores below the 75th percentile in CalEnviroScreen for exposure to diesel pollution, indicating it is not a topic of concern for the purposes of this analysis. 10.3.2.5 Traffic Pollution Exhaust from cars and trucks is the primary source of air pollution in California, much of which is emitted from vehicles traveling on major roads and highways.14 This exhaust contains air pollutants that can be harmful to human health; prolonged, significant exposure to traffic pollution is associated with health conditions such as asthma, particularly among children15. Tract A scores higher than the 75th percentile in CalEnviroScreen for this indicator, likely due to its proximity to Highway 73 and major roads such as Bristol Street. It is likely that traffic pollution burden is lower within the portion of Tract A under Newport Beach’s jurisdiction compared to that of the portion within Costa Mesa because it is further from the Highway 55/73 interchange, however, data is only available for the entirety of the census tract. 9 California Office of Environmental Health Hazard Assessment (n.d.). “Groundwater Threats.” Accessed March 2024. https://oehha.ca.gov/calenviroscreen/indicator/groundwater-threats 10 United States Environmental Protection Agency (n.d.), “Toxics Release Inventory (TRI) Program.” Accessed March 2024. https://www.epa.gov/toxics-release-inventory-tri-program 11 California Office of Environmental Health Hazard Assessment (n.d.). “Toxic Releases from Facilities.” Accessed March 2024. https://oehha.ca.gov/calenviroscreen/indicator/toxic-releases-facilities 12 California Office of Environmental Health Hazard Assessment (n.d.). “Diesel Particulate Matter.” Accessed March 2024. https://oehha.ca.gov/calenviroscreen/indicator/diesel-particulate-matter 13 California Air Resources Board (n.d.). “Overview: Diesel Exhaust and Health.” Accessed March 2024. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health 14 California Office of Environmental Health Hazard Assessment (n.d.). “Traffic Impacts.” Accessed March 2024. https://oehha.ca.gov/calenviroscreen/indicator/traffic-density 15 California Office of Environmental Health Hazard Assessment (n.d.). “Health Studies of Traffic Exposure.” Accessed March 2024. https://oehha.ca.gov/air/residential-traffic-studies 15443 32 JULY 2024 10.3.2.6 Hazardous Waste Hazardous waste is generally treated, stored, and disposed of by permitted facilities. These facilities receive hazardous waste from factories and businesses for which hazardous waste is a biproduct of manufacturing or services, such as used automotive oil. Some such waste is highly toxic and can have detrimental health and environmental effects in the communities adjacent to hazardous waste facilities or generators.16 Tract A scores below the 75th percentile for hazardous waste, indicating it is not of concern for the purposes of this analysis. 10.3.2.7 Solid Waste Sites Solid waste from households, businesses, and institutions are collected, processed, or stored in solid waste facilities such as landfills and composing or recycling facilities. Solid waste facilities that do not comply with applicable law or illegal dumping sites have detrimental effects on the environment and can expose people to hazardous substances. Other impacts on communities with solid waste facilities include odors, pests and vermin, and truck traffic.17 Tract A scores below the 75th percentile on CalEnviroScreen for solid waste sites indicating it is not of concern for the purposes of this analysis. 10.3.2.8 Impaired Water Bodies Streams, rivers, and lakes serve various purposes, from recreation and fishing to providing drinking water and irrigation. When these water bodies become contaminated with pollutants, they are classified as impaired. Such impairments can damage wildlife habitats and restrict the use of the water body for recreational and other purposes.18 Tracts A scores above the 75th percentile in CalEnviroScreen due to its proximity to the Newport Bay, which is on the California State Water Quality Control Board’s 303(d) list of impaired water bodies. The State Water Quality Control Board’s 303(d) 2020-2022 list of impaired waters indicates that Newport Bay exceeds water quality criteria for various pollutants of concern including pesticides, metals, pathogens, and toxics.19 Newport Bay is an important aquatic resource to sustain local ecosystems and biodiversity, and is used for recreational purposes such as kayaking and paddleboarding. There are four pollution indicators that disproportionately impact Tract A that should be considered in outreach for the General Plan update and Environmental Justice policies. 10.3.3 Public Facilities Promoting equitable access to public services and community amenities, such as community centers, libraries, public transit, and parks, is crucial for creating livable communities and neighborhoods. This section will assess access to multiple kinds of public facilities in Tract A. 16 California Office of Environmental Health Hazard Assessment (n.d.). “Hazardous Waste Generators and Facilities.” Accessed March 2024. https://oehha.ca.gov/calenviroscreen/indicator/hazardous-waste-generators-and-facilities 17 California Office of Environmental Health Hazard Assessment (n.d.). “Traffic Impacts.” Accessed March 2024. https://oehha.ca.gov/calenviroscreen/indicator/solid-waste-sites-and-facilities 18 California Office of Environmental Health Hazard Assessment (n.d.). “Impaired Water Bodies.” Accessed March 2024. https://oehha.ca.gov/calenviroscreen/indicator/impaired-water-bodies 19 California Water Quality Control Board (2022). “Final Revised Appendix A: Recommended 2020-2022 303(d) List of Impaired Waters.” Accessed March 2024. https://www.waterboards.ca.gov/water_issues/programs/water_quality_assessment/2020_2022_integrated_report.html 15443 33 JULY 2024 10.3.3.1 Public Transportation Tract A is not within a High-Quality Transit Area, as shown in Figure 8. High-quality transit stops, as defined in Public Resources Code Section 21064.3, are those with a minimum 15-minute interval service during peak morning and afternoon commute hours. Other transit stops exist in this tract, but have less frequent service. Compared to other regions, Tract A has moderate access to jobs within a 45-minute transit ride20. According to the Healthy Places Index, automobile ownership within Tact A is high at 94.5%. This is only slightly lower than the County average of 95.6% and higher than the State average of 92.9%. Despite moderate access to jobs via transit in Tract A, it is likely that most households are driving to jobs. Figure 8. ½ Mile of High-Quality Transit Areas 20 Housing and Community Development (HCD) (2024). AFFH Experience Data Viewer. Smart Locations Database. Accessed March 2024. https://experience.arcgis.com/experience/834b33b812c949a0820ed25c8ee4eedd/?draft=true Source: Housing and Community Development (HCD) (2024). AFFH Experience Data Viewer. 15443 34 JULY 2024 10.3.3.2 Parks and Open Space According to Healthy Places Index, Tract A falls in the lower 50th percentile in terms of park access compared to other tracts in California, as shown in Figure 9. While park access is moderate for the census tract, much of the tract that is within Newport Beach is within a 0–10-minute walking distance to the Upper Back Bay, as shown in Figure 10. All parks in Tract A are open and available to the public as shown in Figure 11. Tract A does not face disproportionate low access to park space, indicating that park access is not of concern for the purposes of this analysis. Figure 9. Park Access Percentile Ranking by Census Tract Source: California Department of Public Health (2017). Healthy Places Index (HPI). 15443 35 JULY 2024 Figure 10. Walk Time to Closest Park Source: Urban Footprint analysis of residential proximity to parks (2024) 15443 36 JULY 2024 Figure 11. Parks and Open Space by Access Type Source: California Protected Areas Database (CPAD) (2021). 15443 37 JULY 2024 10.3.3.3 Libraries and Community Centers As shown in Figure 12, there are no community centers or libraries are located in Tract A. In the adopted General Plan Recreation Element, the City contemplated adding a community center just south of Tract A, which would be called the Santa Ana Heights Community Center21. However, this community center has not been constructed. There are libraries and community centers throughout Newport Beach and given the high amount of vehicle ownership in Tract A, these are accessible for most households. Figure 12. Libraries and Community Centers While there are no libraries or community centers within Tract A, there is moderate transit access and there is park and open space access within walking distance. Additionally, there are high vehicle ownership rates within Tract A, reducing barriers to access to these and other resources. 21 City of Newport Beach (2006). “Figure R2: Proposed Park and Recreation Facilities.” General Plan Recreation Element. Accessed March 2024. https://www.newportbeachca.gov/government/departments/community-development/planning-division/general- plan-codes-and-regulations/general-plan Source: City of Newport Beach (n.d.) 15443 38 JULY 2024 10.3.4 Safe & Sanitary Homes The location, quality, affordability, and stability of housing can significantly impact health outcomes. Older, poorly maintained housing can create unsafe conditions, including pest infestation, water intrusion, mold growth, inadequate insulation, and exposure to toxins like lead and second- or third-hand smoke. Affordable housing enables low-income households to allocate their remaining income towards other essential goods and services, including healthcare and healthy food. Moreover, a lower burden of housing and transportation costs reduces financial strain and provides more time to engage in healthy activities. Rising housing prices often lead to higher household occupancy rates, which can result in overcrowding and unsafe living conditions, increasing the risk of spreading infectious diseases. Affordable housing also enables housing insecure families and individuals to secure stable living arrangements and address other aspects of their lives, such as healthcare and employment.22 10.3.4.1 Affordability In Tract A, 40-60% of renter households pay 30% or more of their income towards housing costs (rent plus utilities) 23. Among owner households with mortgages, 20-40% of households pay 30% or more of their income towards housing costs24. Spending more than 30% of household income on housing, is considered to be a burden and spending more than 50% of household income on housing is considered to be a severe burden, as it is a form of overpayment. The Healthy Places Index shows Tract A ranks healthier than 84% of tracts in California for severe overpayment, indicating that this is not of concern within the tract. 10.3.4.2 Overcrowding 5-10% of homes in Tract A are overcrowded (i.e., have more than 1 but less than 1.5 people per room). There is no severe overcrowding (i.e., more than 1.5 people per room).25 According to the Healthy Places Index, Tract A ranks healthier than only 29% of other tracts in California. 10.3.4.3 Habitability Less than 2% of homes in Tract A lack a complete kitchen and less than 2% of homes lack complete plumbing. 26 It’s possible these homes are uninhabited and/or outside of Newport Beach. This census tract scores better than 58% of census tracts in California, indicating that habitability is not a primary concern. The available data indicates that household overcrowding and overpayment are not of concern with Tract A, where this census tract scores higher than more than half of census tracts in California. Household overcrowding does impact households within Tract A, where the tract only scores higher than 29% of tracts in California. Table 3 below summarizes how Tract A scored in the Healthy Places Index as compared to other tracts in California across these various measures of safe and sanitary housing as compared to other tracts in California. 22 California OPR (2023). “Chapter 4: Required Element.” General Plan Guidelines. https://opr.ca.gov/docs/20200706-General PlanG_Chapter_4_Environmental Justice.pdf 23 US Census Bureau. ACS 2017-2021. “Overpayment by Renters.” Accessed March 2024 on AFFH 2.0 Data Viewer. 24 US Census Bureau. ACS 2017-2021. “Overpayment by Homeowners.” Accessed March 2024 on AFFH 2.0 Data Viewer. 25 US Census Bureau. ACS 2017-2021. “Overcrowding.” Accessed March 2024 on AFFH 2.0 Data Viewer. 26 US Census Bureau. ACS 2017-2021. “Percent of units lacking complete kitchen.” Accessed March 2024 on AFFH 2.0 Data Viewer. 15443 39 JULY 2024 Table 3. Housing Scores on Healthy Places Index Indicator Tract A Ranking Low-Income Homeowner Severe Housing Cost 84% Low-Income Renter Severe Housing Cost 53% Uncrowded Housing 29% Housing habitability 58% 10.3.5 15443 40 JULY 2024 10.3.6 Healthy Food Access to healthy food is a fundamental aspect of Environmental Justice, as marginalized communities often lack access to fresh, nutritious options. This can lead to health disparities. Addressing food insecurity and ensuring equitable access to healthy food is essential for promoting Environmental Justice and improving community health and well-being. While there are no grocery stores within Tract A, the Irvine Ranch Market is located just across the Newport Beach border south of Mesa Drive and west of Irvine Avenue, within one-mile of most the households within Tract A. Additionally, there are other grocery stores throughout Newport Beach and in surrounding communities, that likely requires access by a vehicle. Figure 13 shows grocery stores within and surrounding Newport Beach, which does not include data for the Irvine Ranch Market. According to the Healthy Places Index, automobile availability within Tact A is high at 94.5%. This is only slightly lower than the County average of 95.6% and higher than the State average of 92.9%. The proximity of the Irvine Ranch Market in combination with automobile access, shows that residents of Tract A have access to healthy food. Figure 13. Supermarkets with 0.5-mile Buffer Source: OpenStreetsMap (2020) 15443 41 JULY 2024 10.3.7 Physical Activity Physical activity is important for mental and physical health. Ensuring equitable access to parks, recreational facilities, and safe walking and biking paths is crucial for promoting Environmental Justice and improving community health.27 As detailed in section 10.3.3.2, there is park access in the surrounding area, indicating opportunities for outdoor recreation and physical activity. The EPA’s National Walkability Index ranks the walkability of areas ranging from least walkable, below average walkable, above average walkable, and most walkable. Tract A has a walkability score ranking of 13.7, falling into the above average walkability category. Although this data provides a rough estimate, as the National Walkability Index continues to use 2010 census tract boundaries. Assessment of existing pedestrian and bicycle infrastructure reveals a lack of opportunity for active mobility for Tract A. In Tract A, although major streets provide sidewalks and major intersections have crosswalks with signaled timers, destinations that are accessible by foot, bike, or mobility device are limited. As shown in Figure 14, Tract A contains some Class II on-street bike lanes. Additionally, the City’s Bikeways Master Plan (2014) recommends a designated Class III bike route connecting Mesa Drive to the North Back Bay Trail. The Plan also recommends allowing bicycle riding on additional segments of sidewalk; however, no other significant improvements to bicycle infrastructure are planned for Tract A. 27 California OPR (2023). “Chapter 4: Required Element.” General Plan Guidelines. https://opr.ca.gov/docs/20200706- GPG_Chapter_4_EJ.pdf 15443 42 JULY 2024 Figure 14. Existing and Planned Bikeways Transportation Injury Mapping System (TIMS)28 data for the Newport Beach area indicates few crash incidents involving motor vehicles and pedestrians or bicyclists, as shown in Figure 15. Data spanning 2018 to 2022 shows three incidents near one entrance to the Upper Newport Back Bay trail (at University Drive and Irvine Avenue), south of Tract A. A few scattered incidents have occurred in or near Tract A over the same time span. According to the Healthy Places Index only 2.76% of residents in Tract A commute by public transit, walking, or biking. This is far lower than the County average of 4.77%.29 Therefore, these low incident counts may be due, in part, to the low amount of pedestrian and bicyclist activity in these areas. Should active commuting rates increase, it is likely that crashes involving pedestrians and bicyclists, or other active modes of travel will increase, particularly without safety-focused design interventions. 28 UC Berkeley and SafeTREC (2024). “Transportation Injury Mapping System.” Accessed March 2024. https://tims.berkeley.edu/ 29 US Census Bureau. ACS 2015-2019. “Table B08006.” Accessed March 2024 on Healthy Places Index. Source: City of Newport Beach (2014). “Bikeways Master Plan.” 15443 43 JULY 2024 Figure 15. Transportation Injury Mapping System Data 2018-2022 Another component of physical activity is opportunities for recreation and exercise. The Newport Mesa Family YMCA is just south of Tract A and includes exercise equipment, a lap pool, youth programs and camps, and group exercise classes. There is a membership fee to access the facility and its programs, but the YMCA offers some scholarships and financial assistance. Given the proximity of the Upper Back Bay and the recreational amenities that it offers . Source: Transportation Incident Mapping System (2024) Source: City of Newport Beach (2016). “West Newport Mesa Streetscape Master Plan.” 15443 44 JULY 2024 10.3.8 Other Unique or Compounded Health Risks In addition to the Environmental Justice concern addressed above, disadvantaged communities can face other unique or specific risks. These may include risks that are unique to the location or geography of a community, its population, or other attributes relating to social, economic, or environmental conditions. One emerging risk many communities are facing is increased severity or frequency of extreme weather events such as wildfire, extreme heat, drought, flooding, and coastal flooding and sea level rise. According to California OPR, “Vulnerable communities experience heightened risk and increased sensitivity to climate change and have less capacity and fewer resources to cope with, adapt to, or recover from climate impacts.”30 Furthermore, OPR recommends that local agencies consider developing an Environmental Justice element or equivalent with other statutory requirements to address climate change, such as the requirements to address climate vulnerability and adaptation under the safety element, pursuant to SB 379 and codified in Government Code Section 65302(g). One way to accomplish this would be to address disadvantaged communities when preparing the vulnerability assessment and adaptation goals, policies, and programs for the safety element. 10.3.9 Prioritizing Improvements in Disadvantaged Communities According to Government Code 65302 (h)(1)(A), the General Plan must identify objectives and policies to prioritize improvements and programs that address the needs of disadvantaged communities. This requirement recognizes that many disadvantaged communities across the State have faced underinvestment in infrastructure and the built environment. Moreover, improving community assets, infrastructure, and amenities in a way that is responsive to the needs of disadvantaged communities can help to improve community health and increase well-being. This Environmental Justice screening, when paired with community engagement, will help to inform future policies and efforts to address Environmental Justice through the City’s General Plan. 10.3.10 Civic Engagement According to Government Code Section 65302(h)(1)(B), the General Plan must identify objectives and policies to promote civic engagement in the public decision-making process. Civic engagement is an essential part of any General Plan update, in particular for Environmental Justice because it allows disadvantaged or underrepresented communities to be engaged in the decisions that impact their health and wellbeing. The City of Newport Beach has a community that is highly engaged in the General Plan update. Through the General Plan Advisory Committee (GPAC), community members are deeply involved in the planning process, providing input to inform the development of various element of the General Plan. 30 OPR (2019). “Defining Vulnerable Communities in the Context of Climate Adaptation.” Accessed March 2024. http://opr.ca.gov/docs/20180723-Vulnerable_Communities.pdf 15443 45 JULY 2024 11 Recently Introduced Bills Bills that are not yet signed into law but are currently being considered by the California State legislature have the potential to impact General Plan Update processes, policies, and implementation. This section highlights key pieces of legislation introduced during the 2023-2024 legislative session that may be applicable to the General Plan Update. Because changes are made in both the Senate and the Assembly prior to being signed into law, the final details of the bill are unknown. Further, while many bills are introduced annually, not all bills are signed into law. Relevant bills include the following:  AB 2684 – would require Safety Elements to be updated to address extreme heat  AB 2583 – would require updated Circulation Elements to identify and establish school walk zones  AB 1889 – would require updated Conservation Elements to consider the effect of development on the movement of wildlife and habitat connectivity  AB 1176 – would require General Plans to identify opportunities and policies to expand electric vehicle charging 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.” July 29,2024,GPAC agenda comments -Jim Mosher Page 5 of 7 Page 19 (agenda packet 95):“This requirement stems from Senate Bill (SB)1000 (2016),which requires local jurisdictions to address Environmental Justice in their General Plans (see section 9.2.1 10.2.2).” Page 26 (agenda packet 102):The census tract wide data seems a bit coarse for locating pockets of lower income residents.I would think the residents of mobile home parks would be likely to have lower incomes,especially residents of the Beach and Bay Mobile Home Port west of Newport Shores,as well as the mobile home parks in West Newport Mesa,and possibly even Bayside Village. Page 29 (agenda packet 105):“Tract A is bound to the north by Highway 73/Bristol Street.The portion of the tract within the City of Newport Beach’s jurisdiction features a mix of uses:the Santa Ana County Country Club and Newport Beach Golf Course,commercial plazas, apartments,and some low-density residential.”The “Santa Ana County Club”is not within “the City of Newport Beach’s jurisdiction.”Although there has been occasional discussion of annexing it,it is part of unincorporated Orange County and within the sphere of influence of Costa Mesa. The part of Tract A within Newport Beach could more simply,and alternatively be identified as the “Santa Ana Heights annexation area.” Page 29 (agenda packet 105):“Therefore,Tract B will be excluded from the remainder of this analysis in sections 9.3.2 10.3.2 through 9.3.9 10.3.9.” Page 30 (agenda packet 106):“To assess pollution burden in Tract A,this analysis identified those pollution indicators for the census tract scored at or above the 75th percentile in CalEnviroScreen,corresponding to the assessment method described in Section 9.3.1 10.3.1 above.” Page 31 (agenda packet 107):“Tract A scores above the 75th percentile for toxic release from facilities in CalEnviroScreen due to the presence of an electronics manufacturer,north or of State Route 73,outside of the City’s boundaries.Toxic releases are of concern in Tract A due to the presence of residents.”From the CalEnviroScreen 4.0 Toxic Releases map,this seems to be a reference to Sanmina Corp at 2950 Redhill Ave.The map also shows Tower Semiconductor at 4321 Jamboree Road,which is within the City limits (though slightly farther from Tract A. Page 35 (agenda packet 111):In Figure 10 (Walk Time to Closest Park),I do not understand why the portion of Newport Coast in the lower right corner is shown as having the lengthiest time since it abuts Crystal Cove State Park,which is shown as “open access”park or open space on the following Figure 11 (Parks and Open Space by Access Type). Page 37 (agenda packet 113):“As shown in Figure 12,there are no community centers or libraries are located in Tract A.In the adopted General Plan Recreation Element,the City contemplated adding a community center just south of Tract A,which would be called the Santa Ana Heights Community Center.”My understanding is that although the joint use “community center”project with the YMCA on University Drive did not materialize,a multipurpose “community room”was incorporated into Fire Station No.7 at the corner of Mesa and Acacia.However,the room seems to have since been appropriated by the Fire Department and is only rarely used for community events. July 29,2024,GPAC agenda comments -Jim Mosher Page 6 of 7 Page 37 (agenda packet 113):The legend to Figure 12 (Libraries and Community Centers)has 13 names,but there are only 10 dots visible on the map.Some may overlap,but the Newport Coast Community Center is named,but does not seem indicated on the map. Page 38 (agenda packet 114):Is the overcrowding analysis correct? The Census Bureau dataset cited shows just 3 out of 1,102 households,or 0.272%,in Tract A (“631.01”)being overcrowded: By comparison,the Dover Shores/Westcliff tract (“631.10”)has 73 out of 3,202,or 2.28% overcrowding.While there are areas with 0%,the Newport Shores/Hoag area (“636.03”)has 3.869%overcrowding,the Big Canyon through Bonita Canyon tract (“630.07”)has 1.797%, Newport Coast (“626.43”)is reported to have 0.309%,and a somewhat random tract in Costa Mesa (“637.01”–East of Placentia,between 19th and Victoria)has 33.066%overcrowding. Tracts south and southwest of the latter have similarly high percentages. The 0.272%overcrowding in Tract A seems low,not high. Moreover,the statement about it under “10.3.4.3 Habitability”is confusing:“The available data indicates that household overcrowding and overpayment are not of concern with Tract A, where this census tract scores higher than more than half of census tracts in California. Household overcrowding does impact households within Tract A,where the tract only scores higher than 29%of tracts in California.” Has the overcrowding comparison statistic in the text,and in Table 3 (Housing Scores on Healthy Places Index)on page 115,been inverted,with Tract A scoring worse than just 29%of tracts, and better than 71%? Page 39 (agenda packet 115):Section 10.3.5 is blank Page 40 (agenda packet 116):Figure 13 (Supermarkets with 0.5-mile Buffer)is incomplete.The text says is “does not include data for the Irvine Ranch Market,”but it seems to be missing many others.For example,of major supermarkets,it is missing the Eastbluff Ralphs at 2555 Eastbluff Dr.,at the Stater Brothers at 2180 Newport Blvd.2 Of smaller chain grocery stores,it is missing Bristol Farms at 810 Avocado Ave and Whole Foods Market at 415 Newport Center Dr. 2 Although in Costa Mesa,it is closer to Newport Beach than many of those shown. July 29,2024,GPAC agenda comments -Jim Mosher Page 7 of 7 Page 41 (agenda packet 117):“As shown in Figure 14,Tract A contains some Class II on-street bike lanes.Additionally,the City’s Bikeways Master Plan (2014)recommends a designated Class III bike route connecting Mesa Drive to the North Back Bay Trail.The Plan also recommends allowing bicycle riding on additional segments of sidewalk;however,no other significant improvements to bicycle infrastructure are planned for Tract A.”The significance of Figure 14 (Existing and Planned Bikeways)on page 118 is a bit unclear.The caption says “Source:City of Newport Beach (2014).“Bikeways Master Plan,””which agrees with the title block within the figure itself.However,it is Figure CE3 from the recently-revised General Plan Circulation Element as adopted in 2022.And although Policy CE 5.2.4 refers to an updated Figure CE3 “in progress,” I understand from the City Traffic Engineer that it depicts the state of bicycle infrastructure as of the time of the date of the new Circulation Element.In that connection,it is unclear why the proposed “sidewalks -bicycle riding allowed”and “designated bike routes”have not been completed.The former requires only updating City Council Resolution No.82-148,3 and the latter installing signs or pavement markings designating the route. Page 42 (agenda packet 118):“Transportation Injury Mapping System (TIMS)28 data for the Newport Beach area indicates few crash incidents involving motor vehicles and pedestrians or bicyclists,as shown in Figure 15.Data spanning 2018 to 2022 shows three incidents near one entrance to the Upper Newport Back Bay trail (at University Drive and Irvine Avenue),south of Tract A.A few scattered incidents have occurred in or near Tract A over the same time span.”The TIMS SWITRS GIS Map with dots for individual crashes in 2018-2022 (inclusive)shows just two traffic-pedestrian incidents at the Irvine/University intersection (4/1/2021 at 07:54 and 9/7/2022 at 20:50).In Tract A itself,it shows only two traffic-bicycle accidents:one at Mesa Dr &Bayview Trail (6/19/2021 10:33 and one at Orchard Dr &Santa Ana Ave (9/23/2022 13:13). Page 43 (agenda packet 119):“Given the proximity of the Upper Back Bay and the recreational amenities that it offers”<--This sentence seems to have been left incomplete. Item IV.e.Phase One Outreach Summary The “Newport,Together”Get Engaged!page has long said under “Past Community Events & GPAC and GPUSC Meetings”that “Following the pop-up events,community feedback will be summarized into a report.”I took that to mean that for each event,a summary would be appended to the original page announcing the event.That didn’t happen,so it is good to have the present report. Page 7 (agenda packet 135):Unlike with Figure 2 on the preceding page,the Figure 3 “Word Cloud Visualization”does not seem to align with the “Top Five Responses”list that precedes it. For example,“bike”is larger than “beaches”in the word cloud,yet “bike”does not appear in the top five list,but “beaches”does.Conversely,“Residents”appears in the list,but I can’t find it in the cloud. 3 The Traffic Engineer tells me the plan to revise the resolution to legalize bicycle riding on additional sidewalks has been held in abeyance due to the possibility the state legislature might enact statewide regulations affecting the same.