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HomeMy WebLinkAbout17 - Certification of Responsible Housing Initiative Petition and Consideration of Council Action OptionsQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report November 18, 2025 Agenda Item No. 17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lena Shumway, City Clerk - 949-644-3005, Ishumway@newportbeachca.gov PREPARED BY: Lena Shumway, City Clerk TITLE: Certification of Responsible Housing Initiative Petition and Consideration of Council Action Options ABSTRACT: The Newport Beach Stewardship Association ("NBSX) submitted a referendum petition, titled the Responsible Housing Initiative, proposing an amendment to the City's General Plan Land Use Element to facilitate the development of 2,900 affordable housing units, reserved exclusively for extremely low-, very -low, low-, and moderate -income households. The Orange County Registrar of Voters has certified that the petition contains the required number of valid signatures qualifying it for City Council consideration. Pursuant to the City of Newport Beach Charter Section 1003 and California Elections Code 9215, the City Council must now either: (1) order a report assessing the initiative's potential impacts; (2) adopt the proposed initiative as submitted by the NBSA, without alteration; or (3) submit the measure to the voters at a future election, either through a stand-alone Special Election or by consolidating it with the November 3, 2026 General Municipal Election. RECOMMENDATIONS: a) Determine that the action is exempt from the California Environmental Quality Act CEQA) pursuant to Sections 15060(c)(1), (2) and (3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; b) Authorize City staff to prepare and execute a budget amendment, as needed, to implement the City Council's selected course of action and to appropriate sufficient funds to cover associated costs based on the option approved by the City Council; c) Accept the certification of the Orange County Registrar of Voters as to the verification of signatures of the Responsible Housing Initiative; and d) Take one of the following actions- (i) Order a Report Pursuant to California Elections Code Section 9212. Determine the desired scope of a report under California Elections Code Section 9212 and adopt A Resolution of the City Council of the City of Newport Beach, California, Ordering a 17-1 Certification of Responsible Housing initiative Petition and Consideration of Council Action Options Page 2 Report Pursuant to California Elections Code Section 9212 Regarding an Initiative Measure to Amend the Land Use Element of the City's General Plan; (ii) Adopt the Initiative Without Alteration. Adopt the initiative as submitted by the proponents, without amendment, by adopting A Resolution of the City Council of the City of Newport Beach, California, Adopting the Responsible Housing Initiative Pursuant to California Elections Code Section 9215, as Submitted by the Newport Beach Stewardship Association, Without Amendments; (iii) Call a Special Municipal Election. By motion, decide whether to submit an argument against the proposed initiative (pursuant to Elections Code Section 9282) and, if submitting such an argument, designate the authors; and then adopt the following resolutions: (1) A Resolution of the City Council of the City of Newport Beach, California, Calling for and Giving Notice of a Special Municipal Election to be held on , 2026, to Submit to the Voters an Initiative Measure Proposing to Amend the Land Use Element of the City's General Plan, and Requesting the Orange County Board of Supervisors Authorize the County Elections Official to Render Services Relating to the Conduct of a Special Municipal Election; (2) A Resolution of the City Council of the City of Newport Beach, California, Directing the City Attorney to Prepare an Impartial Analysis of an Initiative Measure to Be Submitted to the Voters at the Special Municipal Election to be Held on , 2026, and Providing for the Deadlines for Filing of the Impartial Analysis and Written Arguments For and Against the Initiative Measure; and (3) A Resolution of the City Council of the City of Newport Beach, California, Setting the Deadlines for Filing of Rebuttal Arguments in Response to Direct Arguments Filed For and Against the Initiative Measure to be Submitted to the Voters at the Special Municipal Election to be held on 2026; or (iv) Call a General Municipal Election. By motion, decide whether to submit an argument against the proposed initiative (pursuant to Elections Code Section 9282) and, if submitting such an argument, designate the authors; and then adopt the following resolutions: (1) A Resolution of the City Council of the City of Newport Beach, California, Calling for and Giving Notice of a General Municipal Election to be Held on November 3, 2026, to Submit to the Voters an Initiative Measure Proposing to Amend the Land Use Element of the City's General Plan, and Requesting the Orange County Board of Supervisors Consolidate the General Municipal Election with the Statewide General Election to be Held on the Same Date; (2) A Resolution of the City Council of the City of Newport Beach, California, Directing the City Attorney to Prepare an Impartial Analysis of an Initiative Measure to Be Submitted to the Voters at the General Municipal Election to be Held on November 3, 2026, and Providing for the Deadlines for Filing the Impartial Analysis and Written Arguments For and Against the Initiative Measure; and (3) A Resolution of the City Council of the City of Newport Beach, California, Setting the Deadlines for Filing of Rebuttal Arguments in Response to Direct Arguments Filed For and Against the Initiative Measure to be Submitted to the Voters at the General Municipal Election to be Held on November 3, 2026. 17-2 Certification of Responsible Housing initiative Petition and Consideration of Council Action Options Page 3 DISCUSSION: In accordance with the requirements of law, the City Clerk accepted for filing an initiative petition titled the Responsible Housing Initiative, proposing an amendment to the City's General Plan Land Use Element to facilitate the development of 2,900 affordable housing units, which would be reserved for the exclusive use of extremely low-, very low-, low-, and moderate -income households. A copy of the initiative measure is attached hereto as Attachment A(Initiative). On October 2, 2025, the referendum petition was submitted to the City. In accordance with the City Charter and the California Elections Code, the City Clerk received and examined the petition. Following the prima facie examination required by law, the City Clerk determined that the petition contained the requisite number of signatures of registered City electors and subsequently forwarded it to the Orange County Registrar of Voters for verification on October 3, 2025. On November 5, 2025, the Orange County Registrar of Voters confirmed that the petition contained the required number of valid signatures of City electors to qualify the referendum for an election and certified the results (Attachment B). Pursuant to the California Elections Code, the City Council must now take one of the following actions: 1. Request a report on the effects of the proposed Initiative prior to taking further action, as permitted by law; 2. Adopt the proposed initiative as submitted by NBSA, without amendment; or 3. Submit the initiative to the voters at either: a. The next General Municipal Election scheduled for November 3, 2026, (Charter Sections 1000, 1002 and 1003, and California Elections Code Sections 1405(a) and 9215), or b. A Special Election ordered for that purpose, to be held not less than 88 days after the order or more than 103 days (Charter Sections 1002 and 1003, and California Elections Code Sections 1405(b) and 9215). If the City Council orders a report, pursuant to California Elections Code Section 9212, the report shall be presented to the City Council within the time prescribed by the City Council, but no later than 30 days after the elections official certifies the petition's sufficiency to the City Council, (i.e., no later than December 18, 2025). As required, the report will be presented to the Council at the next regular City Council meeting scheduled for December 9, 2025. Following receipt of the report, the City Council will decide whether to adopt the ordinance or submit the initiative measure to a vote by the electorate of the City. 17-3 Certification of Responsible Housing initiative Petition and Consideration of Council Action Options Page 4 If the City Council adopts the proposed initiative, or if a majority of voters approve it at election, the adopted measure cannot be amended or repealed except by a vote of the people (Elections Code Section 9217). If the City Council chooses to call an election, it may either be consolidated with the November 3, 2026, General Municipal Election (California Elections Code Section 1404(a), or conducted as a stand-alone Special Election to be held no less than 88 days nor more than 103 days after the order of the election, pursuant to California Elections Code Section 1405(b).The estimated cost of placing the initiative on the ballot is as follows: • November 3, 2026, General Election: $113,986 — $143,606. • Special Election: $1,037,188 — $1,201,138. These costs include expenses associated with the voter information guide, ballot postage, printing, equipment and other related election processing costs. FISCAL IMPACT: Depending on whether the City Council chooses to adopt the initiative petition as submitted, call a Special Municipal Election or consolidate the measure with the General Municipal Election, a budget amendment will be required to cover associated election and administrative costs. Option A. Limited Fiscal Impact Should the City Council choose to adopt the proposed Initiative without augmentation, there would be no election costs, and the only costs would be associated with the verification of signatures by the Orange County Registrar of Voters. Option B. Cost of a Special Election $1,037,188 — $1,201,138 (budget amendment will be required). Option C. Consolidated the General Municipal Election with the General Statewide Election of November 3, 2026 $113,986 — $143,606 (will be included in the upcoming FY 2026-2027 budget). ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers; (2) the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 17-4 Certification of Responsible Housing initiative Petition and Consideration of Council Action Options Page 5 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Initiative Petition Attachment B — Certificate as to Verification of Signatures on Petition Attachment C — Resolutions for Special Election Attachment D — Resolutions for General Municipal Election Attachment E — Resolution Calling and Giving Notice of the February 24, 2026 Special Municipal Election Attachment F — Resolution Calling and Consolidating the November 3, 2026 General Municipal Election Attachment G — Resolution Directing City Attorney to Prepare Impartial Analysis for 2026 Election and Setting Deadlines for Arguments Attachment H — Resolution Setting Rebuttal Argument Deadlines for the 2026 Election 17-5 ATTACHMENT A INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: Ballot Title: Initiative to Provide Affordable Housing for 2,900 Extremely Low-, Very Low-, Low- and Moderate -Income Households Ballot Summary: This measure mandates that 2,160 of the 2,900 dwelling units set forth in General Plan Land Use Element (Policy LU 4.4) be reserved for extremely low-, very low-, and low-income households. The key areas affected by this initiative include: Airport Area: Of the 929 total dwelling units provided for in this area, 692 dwelling units would be required to be affordable for extremely low-, very low-, and low-income households. West Newport Mesa Area: Of the 406 total dwelling units provided for in this area, 302 dwelling units would be required to be affordable for extremely low-, very low-, and low- income households. Newport Center Area: Of the 870 total dwelling units provided for in this area, 648 dwelling units would be required to be affordable for extremely low-, very low-, and low-income households. Dover/Westcliff Area: Of the 174 total dwelling units provided for in this area,130 dwelling units would be required to be affordable for extremely low-, very low-, and low-income households. Coyote Canyon Area: Of the 521 total dwelling units provided for in this area, 388 dwelling units would be required to be affordable for extremely low-, very low-, and low-income households. The remaining units that are not reserved for extremely low-, very low-, and low-income households would only be available to moderate -income households. In sum, this initiative would restrict new housing development provided for in Policy LU 4.4 to only allow for the construction of dwelling units for lower -income households, which would be capped to a specific number of units in each area, until such time as voters approve additional units. The initiative contemplates a density range of 20 to 50 units per gross acre (plus any additional density allowed by state law). To the City Council of the City of Newport Beach: We, the undersigned, registered and qualified voters of the State of California, residents of the City of Newport Beach, California, pursuant to Article II, Sections 1 and 11 of the California Constitution, and sections 9200, et seq. of the California Elections Code, hereby present to the City Council of the City of Newport Beach this petition and request that the following proposed amendments to the Newport Beach General Plan be adopted by the City Council or otherwise submitted to the registered and qualified voters of the City of Newport Beach for their adoption or rejection at the next regularly scheduled municipal election or at any special election held prior to that election or as otherwise provided by law. The proposed amendments are set forth below and on the subsequent pages. The People of the City of Newport Beach do hereby ordain as follows: Section 1. Title This initiative measure shall be known as the "Responsible Housing Initiative" (the "Initiative"). Section 2. Purpose and Findings. A. Purpose. This Initiative seeks to balance responsible urban development with protecting the environment, public health and safety, and the quality of life for the residents and businesses of the City of Newport Beach (the "City"). This Initiative amends the City's General Plan to allow for more residential housing in a manner that fully satisfies, but does not unduly exceed, the requirements of California housing laws, including the State Housing Element Law and Housing Accountability Act. B. Findings. The residents of the City find that this Initiative promotes the public interest in light of its Purpose and the following facts and circumstances: 1. In November 2000, City residents voted to approve the Greenlight Initiative, which added Section 423 to the Newport Beach City Charter. Section 423 prevents the Newport Beach City Council from amending the City's General Plan to significantly increase allowed development without first securing approval from City residents. Section 423 specifically requires, among other things, that any amendment to the City's General Plan allowing for the development of more than 100 dwelling units must be approved by a majority vote in a City election. 2. When the City was preparing its 2021 - 2029 6th Cycle Housing Element (the "Housing Element") in response to State law, the City repeatedly assured the community it would allow new development only to extent required by State law. Under State law, the City was asked to update its Housing Element to allow for 4,845 new dwelling units at varying levels of affordability (e.g., low income, moderate income). This is commonly referred to as the City's Regional Housing Needs Allocation or "RHNA." 3. In September 2022, the City adopted the Housing Element. That Housing Element specified that implementation of the Housing Element "will require a companion Land Use Element amendment that will be subject to a vote of the electorate pursuant to Charter Section 423." In October 2022, the California Department of Housing and Community Development ("HCD") reviewed the City's Housing Element and informed the City that it must implement all programs identified in the Housing Element, including "Initiating a Ballot Measure for a Charter Section 423 Vote." 4. Between October 2022 and April 2024, City officials and staff worked to implement the Housing Element. The City stated that such implementation would require several major land use approvals, including significant amendments to the Land Use Element of the City's General Plan, the City's Zoning Ordinance, and the City's Local Coastal Program. These approvals were referred to collectively as the "Housing Element Implementation Program Amendments." 5. Throughout the process to implement the Housing Element, the City consistently told residents they would have an opportunity to vote on proposed amendments to the Land Use Element, as required by Section 423. Prior to July 2024, the City never suggested to voters that the Newport Beach City Council ("City Council") would not send this issue to a vote under Charter Section 423. 6. In April 2024, the Housing Element Implementation Program Amendments were presented to the Newport Beach Planning Commission for review and recommendation. The Planning Commission recommended approval of the Housing Element Implementation Program Amendments. The Resolution adopted by the Planning Commission stated that final adoption would "require a majority vote of the electorate" under Section 423. (Resolution No. PC2024- 006.) 7. The Housing Element Implementation Program Amendments presented to the Planning Commission proposed allowing for development of at least 8,174 new dwelling units. That proposal reflected a 68% increase above the RHNA requirement, or 3,329 excess dwelling units. 8. On July 23, 2024, the City Council held a meeting purporting to approve the proposed Housing Element Implementation Program Amendments and purporting to authorize a dramatic increase in the scale, height and density of residential development in Newport Beach. The City Council also purported to adopt proposed amendments to the Land Use Element. Those purported amendments include the addition of Policy LU 4.4, which is intended to exceed the City's RHNA through the adoption of Housing Opportunity (HO) Overlay Zoning Districts and other land use policies. Local voters did not approve of any of those purported amendments. 9. During that same July 23 meeting, the City Council asserted without legal support that a Charter Section 423 vote on the proposed Land Use Element amendments was purportedly "precluded" by State law. 10. On September 24, 2024, the City Council adopted— again, without voter approval —Ordinance No. 2024-16, which purports to amend the City's Zoning Code and associated maps to add HO Overlay Zoning Districts. These HO Overlay Zoning Districts alone purport to allow for more than eight thousand additional dwelling units to be developed throughout six large areas of Newport Beach. 11. The decision to adopt any major amendment authorizing thousands of additional dwelling units belongs to the voters, not the City Council. 12. Unlike Newport Beach, the City of Yorba Linda chose to honor its local voter approval requirements when adopting its Housing Element implementation strategy. In November 2024, Yorba Linda voters overwhelming approved Measure JJ, a measure the Yorba Linda City Council placed on the ballot in June 2024 to comply with Yorba Linda's "Right -to -Vote Amendment" (Measure B). Under Measure JJ, Yorba Linda will satisfy its RHNA of 2,415 units by relying on pipeline projects (181 units) and underutilized sites (569 units), and then rezoning specific properties to accommodate additional units (1,747 units). In total, Yorba Linda plans to accommodate 2,497 units through its Housing Element and associated implementation program. This will result in no more than 82 units beyond what State law requires, or an approximately three percent (3%) increase above Yorba Linda's RHNA of2,415 units. 13. Like the approach taken by the City of Yorba Linda, this Initiative would allow the City to achieve housing objectives while ensuring the local community has a voice in major land use decisions. 17-6 14. The table below shows how this Initiative would meet the requirements of State law. Extremely Low Very Low Income Low Income ModerateIncome Above Moderate Income Total Total RHNA 1,456 930 1,050 1,409 4,845 Total RHNA 2,386 1,050 1,409 4,845 Pipeline Units' 348 0 2,597 2,945 Accessory Dwelling Units (ADUs) 163 72 5 240 5th Cycle Sites 0 287 40 327 Subtotal 511 359 2,642 3,512 Remaining RHNA (Net RHNA) 1,875 691 2,566 Airport Environs Overlayz 692 237 929 West Newport Mesa Overlayz 302 104 406 over-Westcliff Overlayz 130 44 174 Newport Center Overlayz 648 222 0 870 Coyote Canyon Overlayz 388 133 521 Total Rezone 2,160 740 0 2,900 Total Development Capacity 2,671 1,099 ,642 6412 Surplus (units) 285 9 1,233 1,567 Surplus (%) (RHNA buffer) 12% 5% 88% 32% Notes: ' Total units in projects that received entitlements from the City before December 2024. Figures in the Total column represent the "Development Limit" for each overlay zone. Section 3. Amendment to the City of Newport Beach General Plan. The voters hereby amend and readopt Policy LU 4.4 of the Land Use Element (Chapter 3) of the City of Newport Beach General Plan as follows (new language to be inserted into the General Plan is shown as underlined text; language shown in regular or bold (not underlined) type reflects the existing General Plan text and is provided for informational/reference purposes only): LU 4.4 Rezoning to Accommodate Housing Opportunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the Regional Housing Needs Assessment: • Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to ^, 77 929 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households. and at least 692 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. • West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 44-07 406 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households, and at least 302 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. • Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 24311870 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households, and at least 648 units must be affordable to "low income" households. as those terms are defined in Government Code 65582 • Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 5.1+ 174 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households, and at least 130 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. • Coyote Canyon: the intent is to allow a density between 20 and 64 50 dwelling units per gross acre of viable land to accommodate up to 4;339 521 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households, and at least 388 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. The maximum number of dwelling units for each focus area set forth above shall serve as the Development Limit for each overlay district. The Development Limits shall not include density bonus units. Once the maximum number of units have been approved under the applicable focus area's Development Limit, no housing opportunity overlay zoning district or other land use regulatory policies or programs developed pursuant to this Policy (LU 4.4) shall be available for future development in that focus area unless City voters approve a further maior amendment to the General Plan. Section 4. Implementation of this Initiative. A. This Initiative is considered adopted and effective upon the earliest date legally possible after the elections official certifies the vote on the Initiative by the voters of the City (the "Effective Date"). Upon the Effective Date of this Initiative, the City is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any administrative steps necessary to update any and all City ordinances, codes, maps, figures, and any other documents maintained by the City so they conform to the legislative policies set forth in this Initiative. Such administrative steps shall include, but not be limited to, amending Section 20.28.050 of the City of Newport Beach Zoning Code to be consistent with this Initiative. B. Upon the Effective Date of this Initiative, the General Plan provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of any mandatory element of the General Plan permitted by State law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year. The City may reorganize, renumber, and/or reformat the General Plan provisions set forth in Section 3 of this Initiative, provided that the full text is inserted into the General Plan Land Use Element without alteration. C. The General Plan in effect on the date of filing of the Notice of Intention to Circulate Petition ("Filing Date"), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the City's General Plan remains an integrated, internally consistent, and compatible statement of policies for the City, any provision of the General Plan that is adopted between the Filing Date and the Effective Date of the General Plan amendment adopted by this Initiative shall, to the extent that such interim -enacted provision is inconsistent with or would diminish, render invalid, defeat, or impair the General Plan amendment adopted by this Initiative, be amended as soon as possible and in the manner and time required by State law to ensure consistency with this Initiative. Section 5. Effect of Other Measures on the Same Ballot. If this Initiative and another measure on the same subject matter appear on the same ballot, and a majority of the voters vote in favor of both measures but this Initiative receives more votes than the other measure, this Initiative alone shall become valid, binding and adopted in its entirety, and the other measure shall be null and void in its entirety. If a majority of the voters vote in favor of both measures but this Initiative receives less votes than the other measure, only those provisions of the other measure that are in direct and irreconcilable conflict with the provisions of this Initiative shall control, and all other provisions of this Initiative shall become valid, binding and adopted. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Section 6. Interpretation, Severability, and Legal Defense. A. This Initiative must be interpreted so as to be consistent with all federal and State laws, rules, and regulations. If any section, sub -section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this 17-7 Initiative, and each section, sub -section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases, parts, or portions are found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the City of Newport Beach indicate our strong desire that: (i) the Newport Beach City Council use its best efforts to sustain and re-enact that portion, and (ii) the Newport Beach City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative. C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purpose set forth in this Initiative. D. The People of the City of Newport Beach desire that this amendment to the General Plan, if approved by the voters and thereafter challenged in court, be defended by the City. The People, by approving this General Plan amendment, hereby declare that the proponent(s) of this General Plan amendment have a direct and personal stake in defending it from constitutional or statutory challenges to its validity or implementation. In the event the City fails to defend this General Plan amendment, or the City fails to appeal an adverse judgment against its constitutionality, statutory permissibility or implementation, in whole or in part, in any court of law, the proponents shall be entitled to assert their direct personal stake by defending its validity and implementation in any court of law and shall be empowered by the People through this measure to act as agents of the People. Section 7. Amendment or Repeal. General Plan Policy LU 4.4 as amended by this Initiative can be amended or repealed only by a majority of the voters of the City voting in an election held in accordance with applicable State and City law. For the avoidance of doubt, this Section only limits the power to amend General Plan Policy LU 4.4 and does not limit the power of the City to amend or repeal other portions of the City of Newport Beach General Plan in a manner that is consistent with this Initiative. Section 8. Judicial Enforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this Initiative or to enforce the duties imposed on the City by this Initiative. The proponents of this Initiative may defend the provisions of this Initiative in any litigation brought to challenge the Initiative. NOTICE OF INTENT TO CIRCULATE PETITION Pursuant to California Elections Code section 9202, notice is hereby given by the person whose name appear hereon of their intention to circulate the petition within the City of Newport Beach for the purpose of amending the City's General Plan to allow for residential housing in a manner that fully satisfies, but does not exceed unnecessarily, the requirements of California housing laws, while complying with Section 423 of the Newport Beach City Charter. A brief statement of the reasons of the proposed action as contemplated in the petition is as follows: Our elected officials are failing to protect our community from development with massive height and density increase that our community has not approved. The Newport Beach City Charter is clear: under Section 423 (the Greenlight Initiative) major residential land use amendments to the Newport Beach General Plan must be submitted to City residents for a vote. City officials assured the community that the updates to the City's General Plan (governing development within the City in the 6th Housing Cycle) would comply with Section 423 of the City Charter. The City's purported updates to the General Plan would allow for 8,145 new dwelling units (plus many thousands of additional dwelling units when accounting for density bonus units authorized under State law), all without a vote of people of Newport Beach as required by Section 423. This Initiative ensures the City complies with Section 423 and safeguards the local democratic process from further attempts to subvert the right of NewportBeach residents to vote on major housing projects and changes to General Plan. This Initiative thoughtfully balances responsible development in certain areas with protecting the environment, health and safety, and the quality of life for Newport Beach businesses and residents. /s/ Marshall "Duffy" Duffield Proponent 17-8 ATTACHMENT B CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION State of California) )ss. County of Orange) I, Bob Page, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the signatures contained on the petition submitted to the City of Newport Beach entitled "City of Newport Beach - Responsible Housing Initiative". I further certify that from said examination I have determined the following facts regarding this document: Number of signatures filed: 8,920 Number of signatures required: 6,092 Number of signatures verified: 7,575 Number of signatures found valid: 6,117 Number of signatures found invalid: 1,458 Invalid because of Duplicate: 29 WITNESS my hand and Official Seal this 5th day of November, 2025. f BOB PAGE Registrar of Voters Orange County 17-9 �`*>cPetition Summary Report �LIpONTf *"**City of Newport Beach -Responsible Housing Initiative City of Newport Beach -Responsible housing initiative Signatures Required 6092 Raw Count 8,920 Sample Size 8,920 Percent of Sigs Percent of Checked Sample Size Sigs Checked 7,575 Sigs Not Checked 1,345 15.1 % Sigs Valid 6,117 80.8 % 68.6 % Sigs Invalid 1,458 19.2 % 16.3 % Duplicated 29 0.4 % 0.3 % Non -duplicate Invalids 1,429 19.0 % 16.0 % RESULT ABBR RESULT DESCRIPTION Approved Approved 6,117 80.8 % NotReg Not Registered 827 10.9 % OutOfDist Out of District 45 0.6 % Duplicate Signed more than once 29 0.4 % Reg Late Registered Late 12 0.2 % RegDiffAdd Registered at a Different Address 278 3.7 % Declncmp Declaration Incomplete 21 0.3 % NoResAdd No Residence Address Given 14 0.2 % NoSig No Signature 3 0.0 % SigNoMatch Signatures Don't Match 229 3.0 % STATISTICS SUMMARY Value % Raw % Req Pages Processed 405 100.0 % Total Signatures Checked 7,575 0.0 % 124.3 % Uncorrected Valid 6,117 68.6 % 100.4 % Min Required (95%): 5787.4 Duplicate Adjustment 0 Min Required to pass Based on Sample (110%): 6701.2 Estimated Valid 6,117 68.6 % 100.4 % PCMR012 - Petition Summary Report Page f 1 Printed: 10/30/2025 1:17:51 PM ) �-10 it ORANGE COUNTY TREASURER -TAX COLLECTOR SHARI L. FREIDENRICH, CPA P.O BOX 4005, SANTA ANA, CA 92702 �~ MS. LENA SHUMWAY CITY CLERK, CITY OF NEWPORT BEACH 100 CIVIC CENTER DRIVE NEWPORT BEACH, CA 92660 Pay Onlinel WWw.ocpayment.oc.goy Invoice #: R1419 Invoice Date: 10-30-25 Account #: Agency: Registrar of Voters QUANTITY DESCRIPTION PRICE AMOUNT 7575 Verification of Signatures for the initiative petition entitled 'Responsible Housing Initiative". $3.400 $ 25,755.00 TOTAL DUE $25,755.00 . Please detach original payment coupon. Do not staple, tape or clip your coupon to your check Invoice # • Invoice Date Account # Amount Due MAKE CHECK PAYABLE TO: COUNTY OF ORANGE MAIL TO: COUNTY OF ORANGE ATTN: TREASURER -TAX COLLECTOR P.O. BOX 4005 SANTA ANA, CA 92702-4005 For Billing Questions contact: Janlus Chou 714- 567-7422 PLEASE VISIT WWW.00PAYMENT.00.GOV TO PAY BY CREDIT CARD VISA� DISC `VER MIT. CHECKROIY�C 17-11 ATTACHMENT C RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING THE RESPONSIBLE HOUSING INITIATIVE PURSANT TO CALIFORNIA ELECTIONS CODE SECTION 9215 AS SUBMITTED BY THE NEWPORT BEACH STEWARDSHIP ASSOCIATION WITHOUT AMENDMENTS WHEREAS, Section 1003 of the Charter of the City of Newport Beach ("City Charter") states that the provisions of the Elections Code of the State of California ("Elections Code"), as the same now exist or hereafter may be amended, which governs initiatives, shall apply to the use thereof in the City of Newport Beach ("City") so far as such provisions of the Elections Code are not in conflict with the provisions of the Charter; WHEREAS, on April 30, 2025, pursuant to California Elections Code ("Elections Code") Section 9202, the City was served with a Notice of Intention to Circulate Petition, a Proponent's Signed Statement, and a copy of a proposed initiative titled, the Responsible Housing Initiative ("Initiative") which is attached hereto as Exhibit 1," and incorporated herein by reference; WHEREAS, on May 15, 2025, pursuant to Elections Code Section 9203, the City Attorney prepared a summary of the Initiative with the following ballot title: "Initiative to Provide Affordable Housing for 2,900 Extremely Low-, Very Low-, Low- and Moderate - Income Households"; WHEREAS, on November 18, 2025, certification was presented to the City Council that not less than ten percent of the registered voters of the City signed the petition for the Initiative; WHEREAS, pursuant to Elections Code Section 9215, if an initiative petition is signed by not less than ten percent of the registered voters of a city, the city shall either adopt the proposed initiative, submit the proposed initiative to the voters, or order a report pursuant to Elections Code Section 9212; and WHEREAS, the City Council desires to adopt the Responsible Housing Initiative pursuant to Elections Code Section 9215 as submitted by the Newport Beach Stewardship Association without amendment. 17-12 Resolution No. 2025- Page 2 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The City Council does hereby adopt the Responsible Housing Initiative, attached hereto as Exhibit "1," pursuant to Elections Code Section 9215 as submitted by the Newport Beach Stewardship Association without amendment. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 5: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. 17-13 Resolution No. 2025- Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 18th day of November, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment(s): Exhibit 1 - Responsible Housing Initiative 17-14 Exhibit 1 17-15 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The People of the City of Newport Beach do hereby ordain as follows: Section 1. Title This initiative measure shall be known as the "Responsible Housing Initiative" (the "Initiative") Section 2. Purpose and Findings. A. Pu1pose. This Initiative seeks to balance responsible urban development with protecting the environment, public health and safety, and the quality of life for the residents and businesses of the City of Newport Beach (the "City"). This Initiative amends the City's General Plan to allow for more residential housing in a manner that fully satisfies, but does not unduly exceed, the requirements of California housing laws, including the State Housing Element Law and Housing Accountability Act. B. Findings. The residents of the City find that this Initiative promotes the public interest in light of its Purpose and the following facts and circumstances: I . In November 2000, City residents voted to approve the Greenlight Initiative, which added Section 423 to the Newport Beach City Charter. Section 423 prevents the Newport Beach City Council from amending the City's General Plan to significantly increase allowed development without first securing approval from City residents. Section 423 specifically requires, among other things, that any amendment to the City's General Plan allowing for the development of more than 100 dwelling units must be approved by a majority vote in a City election. 2. When the City was preparing its 2021 - 2029 6th Cycle Housing Element (the "Housing Element") in response to State law, the City repeatedly assured the community it would allow new development only to extent required by State law. Under State law, the City was asked to update its Housing Element to allow for 4,845 new dwelling units at varying levels of affordability (e.g., low income, moderate income). This is commonly referred to as the City's Regional Housing Needs Allocation or "RHNA." 3. In September 2022, the City adopted the Housing Element. That Housing Element specified that implementation of the Housing Element "will require a companion Land Use Element amendment that will be subject to a vote of the electorate pursuant to Charter Section 423." In October 2022, the California Department of Housing and Community Development ("HCD") reviewed the City's Housing Element and informed the City that it must implement all programs identified in the Housing Element, including "Initiating a Ballot Measure for a Charter Section 423 Vote." 1 17-16 4. Between October 2022 and April 2024, City officials and staff worked to implement the Housing Element. The City stated that such implementation would require several major land use approvals, including significant amendments to the Land Use Element of the City's General Plan, the City's Zoning Ordinance, and the City's Local Coastal Program. These approvals were referred to collectively as the "Housing Element Implementation Program Amendments." 5. Throughout the process to implement the Housing Element, the City consistently told residents they would have an opportunity to vote on proposed amendments to the Land Use Element, as required by Section 423. Prior to July 2024, the City never suggested to voters that the Newport Beach City Council ("City Council") would not send this issue to a vote under Charter Section 423. 6. In April 2024, the Housing Element Implementation Program Amendments were presented to the Newport Beach Planning Commission for review and recommendation. The Planning Commission recommended approval of the Housing Element Implementation Program Amendments. The Resolution adopted by the Planning Commission stated that final adoption would "require a majority vote of the electorate" under Section 423. (Resolution No. PC2024- 006.) 7, The Housing Element Implementation Program Amendments presented to the Planning Commission proposed allowing for development of at least 8,174 new dwelling units. That proposal reflected a 68% increase above the RHNA requirement, or 3,329 excess dwelling units. 8. On July 23, 2024, the City Council held a meeting purporting to approve the proposed Housing Element Implementation Program Amendments and purporting to authorize a dramatic increase in the scale, height and density of residential development in Newport Beach. The City Council also purported to adopt proposed amendments to the Land Use Element. Those purported amendments include the addition of Policy LU 4.4, which is intended to exceed the City's RHNA through the adoption of Housing Opportunity (HO) Overlay Zoning Districts and other land use policies. Local voters did not approve of any of those purported amendments. 9. During that same July 23 meeting, the City Council asserted without legal support that a Charter Section 423 vote on the proposed Land Use Element amendments was purportedly "precluded" by State law. 10. On September 24, 2024, the City Council adopted— again, without voter approval —Ordinance No. 2024-16, which purports to amend the City's Zoning Code and associated maps to add HO Overlay Zoning Districts. These HO Overlay Zoning Districts alone purport to allow for more than eight thousand additional dwelling units to be developed throughout six large areas of Newport Beach. 2 17-17 It, The decision to adopt any major amendment authorizing thousands of additional dwelling units belongs to the voters, not the City Council. 12, Unlike Newport Beach, the City of Yorba Linda chose to honor its local voter approval requirements when adopting its Housing Element implementation strategy. In November 2024, Yorba Linda voters overwhelming approved Measure JJ, a measure the Yorba Linda City Council placed on the ballot in June 2024 to comply with Yorba Linda's "Right -to -Vote Amendment" (Measure B). Under Measure JJ, Yorba Linda will satisfy its RHNA of 2,415 units by relying on pipeline projects (181 units) and underutilized sites (569 units), and then rezoning specific properties to accommodate additional units (1,747 units). In total, Yorba Linda plans to accommodate 2,497 units through its Housing Element and associated implementation program. This will result in no more than 82 units beyond what State law requires, or an approximately three percent (3%) increase above Yorba Linda's RHNA of 2,415 units. 13. Like the approach taken by the City of Yorba Linda, this Initiative would allow the City to achieve housing objectives while ensuring the local community has a voice in major land use decisions. 14. The table below shows how this Initiative would meet the requirements of State law. Extremely Low I Very Low Income Low Income Moderate Income Above Moderate Income Total Total RHNA 1,456 930 1,050 1,409 4,945 Total RHNA 2,386 1,050 1,409 4,845 Pipeline Units' 348 0 2,597 2,945 Accessory Dwelling Units (ADUs) 163 72 5 240 51, Cycle Sites 0 287 40 327 Subtotal 511 359 2,642 3,512 Remaining RHNA (Net RHNA) 1,875 691 0 2,566 Airport Environs Overlay'- 692 237 0 929 West Newport Mesa Overlay'- 302 104 0 406 Dover-WestcliffOverlay2 130 44 0 174 Newport Center Overlay'- 648 222 0 970 Coyote Canyon Overlay'- 389 133 0 521 Total Rezone 2,160 740 0 2,900 Total Development Capacity 2,671 1,099 2,642 6412 Surplus (units) 285 49 1,233 1,567 Surplus (%) (RHNA buffer) 12% 5% 89% 32% Notes: ' Total units in projects that received entitlements from the City before December 2024. '- Figures in the Total column represent the "Development Limit" for each overlay zone. 17-18 Section 3. Amendment to the City of Newport Beach General Plan. The voters hereby amend and readopt Policy LU 4.4 of the Land Use Element (Chapter 3) of the City of Newport Beach General Plan as follows (new language to be inserted into the General Plan is shown as underlined text; language shown in regular or bold (not underlined) type reflects the existing General Plan text and is provided for informational/reference purposes only): LU 4.4 Rezoning to Accommodate Housing Opportunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the Regional Housing Needs Assessment: ■ Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to'� 929 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households, and at least 692 units must be affordable to "low income" households. as those terms are defined in Government Code 65582. ■ West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to '� 406 total dwelling units within the area. All dwelling units must be affordable to '`moderate income" households. and at least 302 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. ■ Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to�9 870 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households. and at least 648 units must be affordable to "low income" households. as those terms are defined in Government Code 65582. ■ Dover / Westeliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to S 1- 174 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households and at least 130 units must be affordable to "low income" households. as those terms are defiled in Government Code 65582. H 17-19 ■ Coyote Canyon; the intent is to allow a density between 20 and bA 50 dwelling units per gross acre of viable land to accommodate up to 4-,5-3$ 521 total dwelling units within the area. All dwellinaunits must be affordable to "moderate income" households, and at least 388 units must be affordable to "low income" households. as those terms are defined in Government Code 65582. The maximum number of dwelling units for each focus area set forth above shall serve as the Development Limit for each overlay district. The Development Limits shall not include density bonus units. Once the maximum number of units have been approved under the applicable focus area's Development Limit, no housing opportunity overlay zoning district or other land use regulatory policies or rograms developed pursuant to this Policy (LU 4.4) shall be available for future development in that focus area unless City voters approve a further major amendment to the General Plan. Section 4. Implementation of this Initiative. A. This Initiative is considered adopted and effective upon the earliest date legally possible after the elections official certifies the vote on the Initiative by the voters of the City (the "Effective Date"). Upon the Effective Date of this Initiative, the City is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any administrative steps necessary to update any and all City ordinances, codes, maps, figures, and any other documents maintained by the City so they conform to the legislative policies set forth in this Initiative. Such administrative steps shall include, but not be limited to, amending Section 20.28.050 of the City of Newport Beach Zoning Code to be consistent with this Initiative. B. Upon the Effective Date of this Initiative, the General Plan provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of any mandatory element of the General Plan permitted by State law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year. The City may reorganize, renumber, and/or reformat the General Plan provisions set forth in Section 3 of this Initiative, provided that the full text is inserted into the General Plan Land Use Element without alteration. C. The General Plan in effect on the date of filing of the Notice of Intention to Circulate Petition ("Filing Date"), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the City's General Plan remains an integrated, internally consistent, and compatible statement of policies for the City, any provision of the General Plan that is adopted between the Filing Date and the Effective Date of the General Plan amendment adopted by this Initiative shall, to the extent that such interim -enacted provision is inconsistent with or would diminish, render invalid, defeat, or impair the General Plan amendment adopted by this Initiative, be amended as soon as possible and in the manner and time required by State law to ensure consistency with this 17-20 Initiative. Section 5. Effect of Other Measures on the Same Ballot. If this Initiative and another measure on the same subject matter appear on the same ballot, and a majority of the voters vote in favor of both measures but this Initiative receives more votes than the other measure, this Initiative alone shall become valid, binding and adopted in its entirety, and the other measure shall be null and void in its entirety. If a majority of the voters vote in favor of both measures but this Initiative receives less votes than the other measure, only those provisions of the other measure that are in direct and irreconcilable conflict with the provisions of this Initiative shall control, and all other provisions of this Initiative shall become valid, binding and adopted. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Section b. Interpretation, Severability, and Legal Defense. A. This Initiative must be interpreted so as to be consistent with all federal and State laws, rules, and regulations. If any section, sub -section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub -section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases, parts, or portions are found to be invalid. if any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the City of Newport Beach indicate our strong desire that: (i) the Newport Beach City Council use its best efforts to sustain and re-enact that portion, and (ii) the Newport Beach City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative. C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purpose set forth in this Initiative. D. The People of the City of Newport Beach desire that this amendment to the General Plan, if approved by the voters and thereafter challenged in court, be defended by the City. The People, by approving this General Plan amendment, hereby declare that the proponent(s) of this 17-21 General Plan amendment have a direct and personal stake in defending it from constitutional or statutory challenges to its validity or implementation. In the event the City fails to defend this General Plan amendment, or the City fails to appeal an adverse judgment against its constitutionality, statutory permissibility or implementation, in whole or in part, in any court of law, the proponents shall be entitled to assert their direct personal stake by defending its validity and implementation in any court of law and shall be empowered by the People through this measure to act as agents of the People. Section 7. Amendment or Repeal. General Plan Policy LU 4.4 as amended by this Initiative can be amended or repealed only by a majority of the voters of the City voting in an election held in accordance with applicable State and City law. For the avoidance of doubt, this Section only limits the power to amend General Plan Policy LU 4A and does not limit the power of the City to amend or repeal other portions of the City of Newport Beach General Plan in a manner that is consistent with this Initiative. Section 8. Judicial Enforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this Initiative or to enforce the duties imposed on the City by this Initiative. The proponents of this Initiative may defend the provisions of this Initiative in any litigation brought to challenge the Initiative. 17-22 ATTACHMENT D RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ORDERING A REPORT PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9212 REGARDING AN INITIATIVE MEASURE TO AMEND THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN WHEREAS, Section 1003 of the Charter of the City of Newport Beach ("City Charter") states that the provisions of the Elections Code of the State of California ("Elections Code"), as the same now exist or hereafter may be amended, which governs initiatives, shall apply to the use thereof in the City of Newport Beach ("City") so far as such provisions of the Elections Code are not in conflict with the provisions of the Charter; WHEREAS, on April 30, 2025, pursuant to Elections Code Section 9202, the City was served with a Notice of Intention to Circulate Petition, a Proponent's Signed Statement, and a copy of a proposed initiative titled the Responsible Housing Initiative ("Initiative"); WHEREAS, on May 15, 2025, pursuant to Elections Code Section 9203, the City Attorney prepared a summary of the Initiative with the following ballot title: "Initiative to Provide Affordable Housing for 2,900 Extremely Low-, Very Low-, Low- and Moderate - Income Households"; WHEREAS, on November 18, 2025, certification was presented to the City Council that not less than ten percent of the registered voters of the City signed the petition for the Initiative; WHEREAS, pursuant to Elections Code Section 9215, if an initiative petition is signed by not less than ten percent of the registered voters of a city, that city shall either adopt the proposed initiative, submit the proposed initiative to the voters, or order a report pursuant to Elections Code Section 9212; WHEREAS, pursuant to Elections Code Section 9212(a), the legislative body may refer a proposed initiative measure to a city agency or agencies for a report on any or all of the following: (1) its fiscal impact; (2) its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code; (3) its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs; (4) its impact on funding for 17-23 Resolution No. 2025- Page 2 of 4 infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space, and whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses; (5) its impact on the community's ability to attract and retain business and employment; (6) its impact on the uses of vacant parcels of land; (7) its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; and (8) any other matters the legislative body requests to be in the report; WHEREAS, pursuant to Elections Code Section 9212(b), the report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than thirty days after the Elections Official certifies to the legislative body the sufficiency of the petition; and WHEREAS, the City Council desires to order a report pursuant to Elections Code Section 9212 regarding the Initiative. NOW, THEREFORE, the City Council of the City of Newport Beach, California, does resolve, declare, determine and order as follows: Section 1: The City Council hereby refers the Initiative to the City Manager for the City of Newport Beach for the preparation of a report ("Report") pursuant to pursuant to Elections Code Section 9212: Section 2: The Report shall address the following as it pertains to the Initiative: (1) its fiscal impact; (2) its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code; (3) its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs; (4) its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space, and whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses; (5) its impact on the community's ability to attract and retain business and employment; (6) its impact on the uses of vacant parcels of land; (7) its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; and (8) Section 3: The Report shall be presented to the City Council on December 9, 2025. 17-24 Resolution No. 2025- Page 3 of 4 Section 4: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 7: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) because the preparation of the Report is exempt from CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. 17-25 Resolution No. 2025- Page 4 of 4 Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 18th day of November, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPR VED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney 17-26 ATTACHMENT E RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON, FEBRUARY 24, 2026, TO SUBMIT TO THE VOTERS AN INITIATIVE MEASURE PROPOSING TO AMEND THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN, AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS AUTHORIZE THE COUNTY ELECTIONS OFFICIAL TO RENDER SERVICES RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION WHEREAS, Section 1003 of the Charter of the City of Newport Beach ("Charter") states that the provisions of the Elections Code of the State of California ("Elections Code"), as the same now exist or hereafter may be amended, which governs initiatives, shall apply to the use thereof in the City of Newport Beach ("City") so far as such provisions of the Elections Code are not in conflict with the provisions of the Charter; WHEREAS, on April 30, 2025, pursuant to Elections Code Section 9202, the City was served with a Notice of Intention to Circulate Petition, a Proponent's Signed Statement, and a copy of a proposed initiative titled the Responsible Housing Initiative ("Initiative"); WHEREAS, on May 15, 2025, pursuant to Elections Code Section 9203, the City Attorney prepared a summary of the initiative with the following ballot title: "Initiative to Provide Affordable Housing for 2,900 Extremely Low-, Very Low-, Low- and Moderate - Income Households"; WHEREAS, on November 18, 2025, certification was presented to the City Council that not less than ten percent of the registered voters of the City signed the petition for the Initiative; WHEREAS, pursuant to Elections Code Section 9215, if an initiative petition is signed by not less than ten percent of the registered voters of a city, the city shall either adopt the proposed initiative, submit the proposed initiative to the voters at a regular of special election, or order a report pursuant to Elections Code Section 9212; WHEREAS, pursuant to Elections Code Section 1405(b), a special election called for the purpose of submitting an initiative to the voters must occur not less than 88 days nor more than 103 days after the order of the election; and 17-27 Resolution No. 2025- Page 2 of 5 WHEREAS, pursuant to Charter Sections 1001, 1002 and 1003 and Elections Code Sections 9215 and 1405(b), the City Council of the City of Newport Beach desires to call and give notice of a Special Municipal Election to be held on February 24, 2026, for the purpose of submitting to the registered voters of the City of Newport Beach an initiative proposing to amend the Land Use Element of the City's General Plan. NOW, THEREFORE, the City Council of the City Of Newport Beach, California, does resolve, declare, determine and order as follows: Section 1: Pursuant to Charter Sections, 1001, 1002 and 1003 and Elections Code Sections 9215 and 1405(b), there is hereby called and ordered to be held in the City of Newport Beach, California, on February 24, 2026, a Special Municipal Election for the purpose of submitting to the registered voters of the City of Newport Beach an initiative measure proposing to amend the Land Use Element of the City's General Plan, as provided for in this resolution. Section 2: The City Council does hereby order submitted to the registered voters of the City of Newport Beach at the Special Municipal Election on February 24, 2026, the following question: ITil:F_V-1110:1 CITY OF NEWPORT BEACH GENERAL PLAN - I Yes AMENDMENT Shall the measure to amend the City of Newport Beach's General Plan Land Use Element allowing 2,900 new affordable housing units (2,160 reserved for extremely low-, very low-, and low-income households; and 740 for moderate -income households) with densities of 20 - 50 dwelling units per acre, plus State of California allowed housing density bonuses, in No Dover/Westcliff (174), Newport Center (870), West Newport Mesa (406), Airport Area (929), and Coyote Canyon (521), be adopted? Section 3: The text of the Initiative and proposed amendment to the Land Use Element (Policy LU 4.4) of the City's General Plan is attached hereto as Exhibit 1 and incorporated herein by this reference. 17-28 Resolution No. 2025- Page 3 of 5 Section 4: The vote requirement for the ballot measure to pass is a majority (50% +1) of the votes cast. Section 5: The ballots to be used at the election shall be in form and content as required by law. Section 6: The City hereby requests, pursuant to Elections Code Section 10002, that the Orange County Board of Supervisors authorize the Orange County Elections Official to render full election services to the City for the holding of a Special Municipal Election in the City of Newport Beach on February 24, 2026, for the purpose of submitting to the registered voters of the City of Newport Beach an initiative measure proposing to amend the Land Use Element of the City's General Plan. Section 7: The City recognizes that costs will be incurred by the County of Orange by reason of rendering special election services to the City, and the City agrees to reimburse the County of Orange for such costs. Section 8: The City Clerk is authorized, instructed, and directed to contract with the County of Orange to procure and furnish any and all services, official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary to properly and lawfully conduct the election. Section 9: The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by -mail procedures and timing, the election officers, and all other services, staff, and procedures for the Special Municipal Election shall be as established by the County of Orange in compliance with the Elections Code of the State of California. Section 10: In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 11: Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, the time, and in the form, and manner as required by law. Section 12: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 13: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City of Newport Beach upon presentation of a properly submitted bill. 17-29 Resolution No. 2025- Page 4 of 5 Section 14: The Orange County Elections Official is hereby authorized to canvass the returns of the Special Municipal Election. Section 15: The City Clerk shall receive the canvass from the Orange County Elections Official as it pertains to the Initiative and shall timely certify the results to the City Council in accordance with law. Section 16: If the voters approve the Initiative, the amendment to the Land Use Element of the General Plan shall be adopted as of the date that the vote is declared by the City Council and shall go into effect 10 days after that date in accordance with Elections Code Section 9217, or as otherwise required by law. Section 17: The City Clerk shall deliver certified copies of this resolution, including the text of the initiative attached hereto as Exhibit 1, to the Clerk of the Board of Supervisors of Orange County and the Orange County Registrar of Voters. Section 18: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 19: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 20: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) because submission to the voters of a voter -sponsored initiative is a ministerial duty required by Elections Code Section 9215, and is therefore not subject to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. 17-30 Resolution No. 2025- Page 5 of 5 Section 21: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 18th day of November, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFIC Aaron C. Harp City Attorney Attachment: Exhibit 1 — Responsible Housing Initiative 17-31 Exhibit 1 17-32 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The People of the City of Newport Beach do hereby ordain as follows: Section 1. Title This initiative measure shall be known as the "Responsible Housing Initiative" (the "Initiative"). Section 2. Purpose and Findings. A. Purpose. This Initiative seeks to balance responsible urban development with protecting the environment, public health and safety, and the quality of life for the residents and businesses of the City of Newport Beach (the "City"). This Initiative amends the City's General Plan to allow for more residential housing in a manner that fully satisfies, but does not unduly exceed, the requirements of California housing laws, including the State Housing Element Law and Housing Accountability Act. B. Findin s. The residents of the City find that this Initiative promotes the public interest in light of its Purpose and the following facts and circumstances: I . In November 2000, City residents voted to approve the Greenlight Initiative, which added Section 423 to the Newport Beach City Charter. Section 423 prevents the Newport Beach City Council from amending the City's General Plan to significantly increase allowed development without first securing approval from City residents. Section 423 specifically requires, among other things, that any amendment to the City's General Plan allowing for the development of more than 100 dwelling units must be approved by a majority vote in a City election. 2. When the City was preparing its 2021 - 2029 6th Cycle Housing Element (the "Housing Element") in response to State law, the City repeatedly assured the community it would allow new development only to extent required by State law. Under State law, the City was asked to update its Housing Element to allow for 4,845 new dwelling units at varying levels of affordability (e.g., low income, moderate income). This is commonly referred to as the City's Regional Housing Needs Allocation or"RHNA." 3. In September 2022, the City adopted the Housing Element. That Housing Element specified that implementation of the Housing Element "will require a companion Land Use Element amendment that will be subject to a vote of the electorate pursuant to Charter Section 423." In October 2022, the California Department of Housing and Community Development ("HCD") reviewed the City's Housing Element and informed the City that it must implement all programs identified in the Housing Element, including '"Initiating a Ballot Measure for a Charter Section 423 Vote." 17-33 4. Between October 2022 and April 2024, City officials and staff worked to implement the Housing Element. The City stated that such implementation would require several major land use approvals, including significant amendments to the Land Use Element of the City's General Plan, the City's Zoning Ordinance, and the City's Local Coastal Program. These approvals were referred to collectively as the "Housing Element Implementation Program Amendments." 5. Throughout the process to implement the Housing Element, the City consistently told residents they would have an opportunity to vote on proposed amendments to the Land Use Element, as required by Section 423. Prior to July 2024, the City never suggested to voters that the Newport Beach City Council ("City Council") would not send this issue to a vote under Charter Section 423. 6. In April 2024, the Housing Element Implementation Program Amendments were presented to the Newport Beach Planning Commission for review and recommendation. The Planning Commission recommended approval of the Housing Element Implementation Program Amendments. The Resolution adopted by the Planning Commission stated that final adoption would "require a majority vote of the electorate" under Section 423. (Resolution No. PC2024- 006.) 7. The Housing Element Implementation Program Amendments presented to the Planning Commission proposed allowing for development of at least 8,174 new dwelling units. That proposal reflected a 68% increase above the RHNA requirement, or 3,329 excess dwelling units. 8. On July 23, 2024, the City Council held a meeting purporting to approve the proposed Housing Element Implementation Program Amendments and purporting to authorize a dramatic increase in the scale, height and density of residential development in Newport Beach. The City Council also purported to adopt proposed amendments to the Land Use Element. Those purported amendments include the addition of Policy LU 4.4, which is intended to exceed the City's RHNA through the adoption of Housing Opportunity (HO) Overlay Zoning Districts and other land use policies. Local voters did not approve of any of those purported amendments. 9. During that same July 23 meeting, the City Council asserted without legal support that a Charter Section 423 vote on the proposed Land Use Element amendments was purportedly '`precluded" by State law. 10. On September 24, 2024, the City Council adopted— again, without voter approval —Ordinance No. 2024-16, which purports to amend the City's Zoning Code and associated maps to add HO Overlay Zoning Districts. These HO Overlay Zoning Districts alone purport to allow for more than eight thousand additional dwelling units to be developed throughout six large areas of Newport Beach. 0 17-34 11. The decision to adopt any major amendment authorizing thousands of additional dwelling units belongs to the voters, not the City Council. 12. Unlike Newport Beach, the City of Yorba Linda chose to honor its local voter approval requirements when adopting its Housing Element implementation strategy. In November 2024, Yorba Linda voters overwhelming approved Measure JJ, a measure the Yorba Linda City Council placed on the ballot in June 2024 to comply with Yorba Linda's "Right -to -Vote Amendment" (Measure B). Under Measure JJ, Yorba Linda will satisfy its RHNA of 2,415 units by relying on pipeline projects (181 units) and underutilized sites (569 units), and then rezoning specific properties to accommodate additional units (1,747 units). In total, Yorba Linda plans to accommodate 2,497 units through its Housing Element and associated implementation program. This will result in no more than 82 units beyond what State law requires, or an approximately three percent (30/6) increase above Yorba Linda's RHNA of 2,415 units. 13. Like the approach taken by the City of Yorba Linda, this Initiative would allow the City to achieve housing objectives while ensuring the local community has a voice in major land use decisions. 14. The table below shows how this initiative would meet the requirements of State law. Extremely Low / Very Low Income Low income Moderate Income Above Moderate Income Total Total RHNA 1,456 930 1,050 1,409 4,845 Total RHNA 2,386 I,050 1,409 4,845 Pipeline Units' 348 0 2,597 2,945 Accessory Dwelling Units (ADUs) 163 72 5 240 51 Cycle Sites 0 287 40 327 Subtotal 511 359 2,642 3,512 Remaining RHNA (Net RHNA) 1,875 691 0 2,566 Airport Environs Overlay'- 692 237 0 929 West Newport Mesa Overlay'- 302 104 0 406 Dover-Westcliff Overlay' 130 44 0 174 Newport Center Overlay 648 222 0 870 Coyote Canyon Overlay'- 388 133 0 521 Total Rezone 2,160 740 0 2,900 Total Development Capacity 2,671 1,099 2,642 6412 Surplus (units) 285 49 1 1,233 1,567 Surplus (%) (RHNA buffer) 12% 5% 1 89% 1 32% Notes: ' Total units in projects that received entitlements from the City before December 2024. ' Figures in the Total column represent the "Development Limif' for each overlay zone. 17-35 Section 3. Amendment to the City of Newport Beach General Plan. The voters hereby amend and readopt Policy LU 4.4 of the Land Use Element (Chapter 3) of the City of Newport Beach General Plan as follows (new language to be inserted into the General Plan is shown as underlined text; language shown in regular or bold (not underlined) type reflects the existing General Plan text and is provided for informational/reference purposes only): LU 4.4 Rezoning to Accommodate Housing Opportunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the Regional Housing Needs Assessment: ■ Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to _2� 929 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households, and at least 692 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. ■ West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 4-,14P 406 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households and at least 302 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. ■ Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2-,439 870 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households and at least 648 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. ■ Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 424 174 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households and at least 130 units must be affordable to "low income" households. as those terms are defined in Government Code 65582. 4 17-36 ■ Coyote Canyon: the intent is to allow a density between 20 and "50 dwelling units per gross acre of viable land to accommodate up to 4,5-30 521 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households and at least 388 units must be affordable to "low income" households as those terms are defined in Government Code 65582. The maximum number of dwelliniz units for each focus area set forth above shall serve as the Development Limit for each overlay district. The Development Limits shall not include density bonus units. Once the maximum number of units have been approved under the applicable focus area's Development Limit, no housing opportunity overlay zoning district or other land use resulato1y policies or programs developed pursuant to this Policy fLU 4.4 shall be available for future development in that focus area unless City voters approve a further major amendment to the General Plan. Section 4. Implementation of this Initiative. A. This Initiative is considered adopted and effective upon the earliest date legally possible after the elections official certifies the vote on the Initiative by the voters of the City (the "Effective Date"). Upon the Effective Date of this Initiative, the City is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any administrative steps necessary to update any and all City ordinances, codes, maps, figures, and any other documents maintained by the City so they conform to the legislative policies set forth in this Initiative. Such administrative steps shall include, but not be limited to, amending Section 20.28.050 of the City of Newport Beach Zoning Code to be consistent with this Initiative. B. Upon the Effective Date of this Initiative, the General Plan provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of any mandatory element of the General Plan permitted by State law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year. The City may reorganize, renumber, and/or reformat the General Plan provisions set forth in Section 3 of this Initiative, provided that the full text is inserted into the General Plan Land Use Element without alteration. C. The General Plan in effect on the date of filing of the Notice of Intention to Circulate Petition ("Filing Date"), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the City's General Plan remains an integrated, internally consistent, and compatible statement of policies for the City, any provision of the General Plan that is adopted between the Filing Date and the Effective Date of the General Plan amendment adopted by this Initiative shall, to the extent that such interim -enacted provision is inconsistent with or would diminish, render invalid, defeat, or impair the General Plan amendment adopted by this Initiative, be amended as soon as possible and in the manner and time required by State law to ensure consistency with this 17-37 Initiative. Section 5. Effect of Other Measures on the Same Ballot. If this Initiative and another measure on the same subject matter appear on the same ballot, and a majority of the voters vote in favor of both measures but this Initiative receives more votes than the other measure, this Initiative alone shall become valid, binding and adopted in its entirety, and the other measure shall be null and void in its entirety. If a majority of the voters vote in favor of both measures but this Initiative receives less votes than the other measure, only those provisions of the other measure that are in direct and irreconcilable conflict with the provisions of this Initiative shall control, and all other provisions of this Initiative shall become valid, binding and adopted. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Section 6. Interpretation, Severability, and Legal Defense. A. This Initiative must be interpreted so as to be consistent with all federal and State laws, rules, and regulations. If any section, sub -section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub -section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases, parts, or portions are found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. B. if any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the City of Newport Beach indicate our strong desire that: (i) the Newport Beach City Council use its best efforts to sustain and re-enact that portion, and (ii) the Newport Beach City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative. C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purpose set forth in this Initiative. D. The People of the City of Newport Beach desire that this amendment to the General Plan, if approved by the voters and thereafter challenged in court, be defended by the City. The People, by approving this General Plan amendment, hereby declare that the proponent(s) of this 6 17-38 General Plan amendment have a direct and personal stake in defending it from constitutional or statutory challenges to its validity or implementation. In the event the City fails to defend this General Plan amendment, or the City fails to appeal an adverse judgment against its constitutionality, statutory permissibility or implementation, in whole or in part, in any court of law, the proponents shall be entitled to assert their direct personal stake by defending its validity and implementation in any court of law and shall be empowered by the People through this measure to act as agents of the People. Section 7. Amendment or Repeal. General Plan Policy LU 4.4 as amended by this Initiative can be amended or repealed only by a majority of the voters of the City voting in an election held in accordance with applicable State and City law. For the avoidance of doubt, this Section only limits the power to amend General Plan Policy LU 4.4 and does not limit the power of the City to amend or repeal other portions of the City of Newport Beach General Plan in a manner that is consistent with this Initiative. Section 8. Judicial Enforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this Initiative or to enforce the duties imposed on the City by this Initiative. The proponents of this Initiative may defend the provisions of this Initiative in any litigation brought to challenge the Initiative. 17-39 ATTACHMENT F RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, TO SUBMIT TO THE VOTERS AN INITIATIVE MEASURE PROPOSING TO AMEND THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN AND REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE WHEREAS, Section 1003 of the Charter of the City of Newport Beach ("City Charter") states that the provisions of the Elections Code of the State of California ("Elections Code"), as the same now exist or hereafter may be amended, which governs initiatives, shall apply to the use thereof in the City of Newport Beach ("City") so far as such provisions of the Elections Code are not in conflict with the provisions of the Charter; WHEREAS, on April 30, 2025, pursuant to Elections Code Section 9202, the City was served with a Notice of Intention to Circulate Petition, a Proponent's Signed Statement, and a copy of a proposed initiative titled the Responsible Housing Initiative ("Initiative"); WHEREAS, on May 15, 2025, pursuant to Elections Code Section 9203, the City Attorney prepared a summary of the Initiative with the following ballot title: "Initiative to Provide Affordable Housing for 2,900 Extremely Low-, Very Low-, Low- and Moderate - Income Households"; WHEREAS, on November 18, 2025, certification was presented to the City Council that not less than ten percent of the registered voters of the City signed the petition for the Initiative; WHEREAS, pursuant to Elections Code Section 9215, if an initiative petition is signed by not less than ten percent of the registered voters of a city, that city shall either adopt the proposed initiative, submit the proposed initiative to the voters, or order a report pursuant to Elections Code Section 9212; WHEREAS, pursuant to Elections Code Section 1405(a), a municipal initiative that qualifies for submission to the voters shall be submitted to the voters at the next regular election occurring not less than 88 days after the date of the order of election; 17-40 Resolution No. 2025- Page 2 of 5 WHEREAS, pursuant to Charter Section 1000, a General Municipal Election shall be held in the City of Newport Beach on the first Tuesday after the first Monday of November in each even -numbered year for the election of officers and for such other purposes as the City Council may prescribe; and WHEREAS, pursuant to Charter Sections 1000, 1002, and 1003 and Elections Code Sections 9215 and 1405(a), the City Council of the City of Newport Beach desires to call and give notice of a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of submitting to the registered voters of the City of Newport Beach an initiative measure proposing to amend the Land Use Element of the City's General Plan. NOW, THEREFORE, the City Council of the City of Newport Beach, California, does resolve, declare, determine and order as follows: Section 1: Pursuant to Charter Sections 1000, 1002, and 1003 and Elections Code Sections 9215 and 1405(a), there is hereby called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of submitting to the registered voters of the City of Newport Beach an initiative measure proposing to amend the Land Use Element of the City's General Plan, as provided for in this resolution. Section 2: The City Council does voters of the City of Newport Beach at th November 3, 2026, the following question: MEASURE hereby order submitted to the registered General Municipal Election on Tuesday, CITY OF NEWPORT BEACH GENERAL PLAN - AMENDMENT Shall the measure to amend the City of Newport Beach's General Plan Land Use Element allowing 2,900 new affordable housing units (2,160 reserved for extremely low-, very low-, and low-income households; and 740 for moderate -income households) with densities of 20 - 50 dwelling units per acre, plus State of California allowed housing density bonuses, in Dover/Westcliff (174), Newport Center (870), West Newport Mesa (406), Airport Area (929), and Coyote Canyon (521), be adopted? Yes No 17-41 Resolution No. 2025- Page 3 of 5 Section 3: The text of the Initiative and proposed amendment to the Land Use Element (Policy LU 4.4) of the City's General Plan is attached hereto as Exhibit 1 and incorporated herein by this reference. Section 4: The vote requirement for the ballot measure to pass is a majority (50% +1) of the votes cast. Section 5: The ballots to be used at the election shall be in form and content as required by law. Section 6: The City hereby requests, pursuant to Elections Code Section 10403, that the Orange County Board of Supervisors consent and agree to the consolidation of the City's General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2026, for the purpose of submitting to the registered voters of the City of Newport Beach an initiative measure proposing to amend the Land Use Element of the City's General Plan. Section 7: The City recognizes that additional costs will be incurred by the County of Orange by reason of consolidation, and the City agrees to reimburse the County of Orange for such costs. Section 8: The City Clerk is authorized, instructed, and directed to contract with the County of Orange to procure and furnish any and all services, official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary to properly and lawfully conduct the election. Section 9: In accordance with the provisions of law governing Statewide General Elections, including Elections Code Section 10418, the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by -mail procedures and timing, the election officers, and all other services, staff, and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange and in compliance with the Elections Code of the State of California. Section 10: In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for the holding municipal elections. Section 11: Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, the time, and in the form, and manner as required by law. Section 12: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. 17-42 Resolution No, 2025- Page 4 of 5 Section 13: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City of Newport Beach upon presentation of a properly submitted bill. Section 14: The Orange County Elections Official is hereby authorized to canvass the returns of the General Municipal Election. Section 15: The City Clerk shall receive the canvass from the Orange County Elections Official as it pertains to the Initiative and shall timely certify the results to the City Council in accordance with law. Section 16: If the voters approve the Initiative, the amendment to the Land Use Element of the General Plan shall be adopted as of the date that the vote is declared by the City Council and shall go into effect 10 days after that date in accordance with Elections Code Section 9217 or as otherwise required by law. Section 17: The City Clerk shall deliver certified copies of this resolution, including the full text of the measure attached hereto as Exhibit 1, to the Clerk of the Board of Supervisors of Orange County and the Orange County Registrar of Voters. Section 18: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 19: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared invalid or unconstitutional. Section 20: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) because submission to the voters of a voter -sponsored initiative is a ministerial duty required by Elections Code Section 9215, and is therefore not subject to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. 17-43 Resolution No. 2025- Page 5 of 5 Section 21: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 18th day of November, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aran n C. Harp City Attorney Attachment: Exhibit 1 — Responsible Housing Initiative 17-44 Exhibit 1 17-45 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The People of the City of Newport Beach do hereby ordain as follows: Section 1. Title This initiative measure shall be known as the "Responsible Housing Initiative" (the "Initiative"). Section 2. Purpose and Findings. A. Purpose. This Initiative seeks to balance responsible urban development with protecting the environment, public health and safety, and the quality of life for the residents and businesses of the City of Newport Beach (the "City"). This Initiative amends the City's General Plan to allow for more residential housing in a manner that fully satisfies, but does not unduly exceed, the requirements of California housing laws, including the State Housing Element Law and Housing Accountability Act. B. Findings. The residents of the City find that this Initiative promotes the public interest in light of its Purpose and the following facts and circumstances: I . In November 2000, City residents voted to approve the Greenlight Initiative, which added Section 423 to the Newport Beach City Charter. Section 423 prevents the Newport Beach City Council from amending the City's General Plan to significantly increase allowed development without first securing approval from City residents. Section 423 specifically requires, among other things, that any amendment to the City's General Plan allowing for the development of more than 100 dwelling units must be approved by a majority vote in a City election. 2. When the City was preparing its 2021 - 2029 6th Cycle Housing Element (the "Housing Element") in response to State law, the City repeatedly assured the community it would allow new development only to extent required by State law. Under State law, the City was asked to update its Housing Element to allow for 4,845 new dwelling units at varying levels of affordability (e.g., low income, moderate income). This is commonly referred to as the City's Regional Housing Needs Allocation or "RHNA." 3. In September 2022, the City adopted the Housing Element. That Housing Element specified that implementation of the Housing Element "will require a companion Land Use Element amendment that will be subject to a vote of the electorate pursuant to Charter Section 423." In October 2022, the California Department of Housing and Community Development ("HCD") reviewed the City's Housing Element and informed the City that it must implement all programs identified in the Housing Element, including "Initiating a Ballot Measure for a Charter Section 423 Vote." 1 17-46 4. Between October 2022 and April 2024, City officials and staff worked to implement the Housing Element. The City stated that such implementation would require several major land use approvals, including significant amendments to the Land Use Element of the City's General Plan, the City's Zoning Ordinance, and the City's Local Coastal Program. These approvals were referred to collectively as the "Housing Element Implementation Program Amendments." 5. Throughout the process to implement the Housing Element, the City consistently told residents they would have an opportunity to vote on proposed amendments to the Land Use Element, as required by Section 423. Prior to July 2024, the City never suggested to voters that the Newport Beach City Council ("City Council") would not send this issue to a vote under Charter Section 423. 6. In April 2024, the Housing Element Implementation Program Amendments were presented to the Newport Beach Planning Commission for review and recommendation. The Planning Commission recommended approval of the Housing Element Implementation Program Amendments. The Resolution adopted by the Planning Commission stated that final adoption would "require a majority vote of the electorate" under Section 423. (Resolution No. PC2024- 006.) 7. The Housing Element Implementation Program Amendments presented to the Planning Commission proposed allowing for development of at least 8,174 new dwelling units. That proposal reflected a 68% increase above the RHNA requirement, or 3,329 excess dwelling units. 8. On July 23, 2024, the City Council held a meeting purporting to approve the proposed Housing Element Implementation Program Amendments and purporting to authorize a dramatic increase in the scale, height and density of residential development in Newport Beach. The City Council also purported to adopt proposed amendments to the Land Use Element. Those purported amendments include the addition of Policy LU 4.4, which is intended to exceed the City's RHNA through the adoption of Housing Opportunity (HO) Overlay Zoning Districts and other land use policies. Local voters did not approve of any of those purported amendments. 9. During that same July 23 meeting, the City Council asserted without legal support that a Charter Section 423 vote on the proposed Land Use Element amendments was purportedly "precluded" by State law. 10. On September 24, 2024, the City Council adopted— again, without voter approval —Ordinance No. 2024-16, which purports to amend the City's Zoning Code and associated maps to add HO Overlay Zoning Districts. These HO Overlay Zoning Districts alone purport to allow for more than eight thousand additional dwelling units to be developed throughout six large areas of Newport Beach. 2 17-47 1 1. The decision to adopt any major amendment authorizing thousands of additional dwelling units belongs to the voters, not the City Council. 12. Unlike Newport Beach, the City of Yorba Linda chose to honor its local voter approval requirements when adopting its Housing Element implementation strategy. In November 2024, Yorba Linda voters overwhelming approved Measure JJ, a measure the Yorba Linda City Council placed on the ballot in June 2024 to comply with Yorba Linda's "Right -to -Vote Amendment" (Measure B). Under Measure JJ, Yorba Linda will satisfy its RHNA of 2,415 units by relying on pipeline projects (181 units) and underutilized sites (569 units), and then rezoning specific properties to accommodate additional units (1,747 units). In total, Yorba Linda plans to accommodate 2,497 units through its Housing Element and associated implementation program. This will result in no more than 82 units beyond what State law requires, or an approximately three percent (3%) increase above Yorba Linda's RHNA of 2,415 units. 13. Like the approach taken by the City of Yorba Linda, this Initiative would allow the City to achieve housing objectives while ensuring the local community has a voice in major land use decisions. 14. The table below shows how this Initiative would meet the requirements of State law. Extremely Low / Very Low Income Low Income Moderate Income Above Moderate Income Total Total RHNA 1,456 930 1,050 1,409 4,845 Total RHNA 2,386 1,050 1,409 4,845 Pipeline Units' 348 0 2,597 2,945 Accessory Dwelling Units (ADUs) 163 72 5 240 V Cycle Sites 0 287 40 327 Subtotal 1 511 359 2,642 3,512 Remaining RHNA (Net RHNA) 1,875 691 0 2,566 Airport Environs Overlay'- 692 237 0 929 West Newport Mesa Overlay'- 302 104 0 406 Dover-WestcliffOverlay' 130 44 0 174 Newport Center Overlay'- 648 222 0 970 Coyote Canyon Overlay'- 388 133 0 521 Total Rezone 2,160 740 0 2,900 Total Development Capacity 2,671 1,099 2,642 6412 Surplus (units) 285 49 1,233 1,567 Surplus (%) (RHNA buffer) 12% 5% 88% 32% Notes: Total units in projects that received entitlements from the City before December 2024. - Figures in the Total column represent the "Development Limit" for each overlay zone. 3 17-48 Section 3. Amendment to the City of Newport Beach General Plan. The voters hereby amend and readopt Policy LU 4.4 of the Land Use Element (Chapter 3) of the City of Newport Beach General Plan as follows (new language to be inserted into the General Plan is shown as underlined text; language shown in regular or bold (not underlined) type reflects the existing General Plan text and is provided for informationallreference purposes only): LU 4.4 Rezoning to Accommodate Housing Opportunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the Regional Housing Needs Assessment: ■ Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2-,5-77 929 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households and at least 692 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. ■ West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 4-,44P 406 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households and at least 302 units must be affordable to "low income" households as those terms are defined in Government Code 65582. ■ Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to--4 9 870 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households. and at least 648 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. ■ Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to P-4 174 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households. and at least 130 units must be affordable to "low income" households. as those terms are defined in Government Code 65582. 4 17-49 = Coyote Canyon: the intent is to allow a density between 20 and 64 50 dwelling units per gross acre of viable land to accommodate up to 4-,S3@ 521 total dwelling units within the area. All dwelling units must be affordable to "moderate income" households and at least 388 units must be affordable to "low income" households, as those terms are defined in Government Code 65582. The maximum number of dwelling units for each focus area set forth above shall serve as the Development Limit for each overlay district. The Development Limits shall not include density bonus units. Once the maximum number of units have been approved under the applicable focus area's Develol2ment Limit, no housing oRportuni1y overla zoning district or other land use regulatory policies or programs developed pursuant to this Policy (LU 4.4) shall be available for future development in that focus area unless City voters approve a further major amendment to the General Plan. Section 4. Implementation of this Initiative. A. This Initiative is considered adopted and effective upon the earliest date legally possible after the elections official certifies the vote on the Initiative by the voters of the City (the "Effective Date"). Upon the Effective Date of this Initiative, the City is directed to promptly take all appropriate actions needed to implement this Initiative, including but not limited to taking any administrative steps necessary to update any and all City ordinances, codes, maps, figures, and any other documents maintained by the City so they conform to the legislative policies set forth in this Initiative. Such administrative steps shall include, but not be limited to, amending Section 2028.050 of the City of Newport Beach Zoning Code to be consistent with this Initiative. B. Upon the Effective Date of this Initiative, the General Plan provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of any mandatory element of the General Plan permitted by State law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year. The City may reorganize, renumber, and/or reformat the General Plan provisions set forth in Section 3 of this Initiative, provided that the full text is inserted into the General Plan Land Use Element without alteration. C. The General Plan in effect on the date of filing of the Notice of Intention to Circulate Petition ("Filing Date"), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the City. To ensure that the City's General Plan remains an integrated, internally consistent, and compatible statement of policies for the City, any provision of the General Plan that is adopted between the Filing Date and the Effective Date of the General Plan amendment adopted by this Initiative shall, to the extent that such interim -enacted provision is inconsistent with or would diminish, render invalid, defeat, or impair the General Plan amendment adopted by this Initiative, be amended as soon as possible and in the manner and time required by State law to ensure consistency with this 17-50 Initiative. Section 5. Effect of Other Measures on the Same Ballot. If this Initiative and another measure on the same subject matter appear on the same ballot, and a majority of the voters vote in favor of both measures but this Initiative receives more votes than the other measure, this Initiative alone shall become valid, binding and adopted in its entirety, and the other measure shall be null and void in its entirety_ If a majority of the voters vote in favor of both measures but this Initiative receives less votes than the other measure, only those provisions of the other measure that are in direct and irreconcilable conflict with the provisions of this Initiative shall control, and all other provisions of this Initiative shall become valid, binding and adopted. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Section 6. Interpretation, Severability, and Legal Defense. A. This Initiative must be interpreted so as to be consistent with all federal and State laws, rules, and regulations. If any section, sub -section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub -section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub -sections, sentences, clauses, phrases, parts, or portions are found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the City of Newport Beach indicate our strong desire that: (i) the Newport Beach City Council use its best efforts to sustain and re-enact that portion, and (ii) the Newport Beach City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative. C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purpose set forth in this Initiative. D. The People of the City of Newport Beach desire that this amendment to the General Plan, if approved by the voters and thereafter challenged in court, be defended by the City. The People, by approving this General Plan amendment, hereby declare that the proponent(s) of this R 17-51 General Plan amendment have a direct and personal stake in defending it from constitutional or statutory challenges to its validity or implementation. In the event the City fails to defend this General Plan amendment, or the City fails to appeal an adverse judgment against its constitutionality, statutory permissibility or implementation, in whole or in part, in any court of law, the proponents shall be entitled to assert their direct personal stake by defending its validity and implementation in any court of law and shall be empowered by the People through this measure to act as agents of the People. Section 7. Amendment or Repeal. General Plan Policy LU 4.4 as amended by this Initiative can be amended or repealed only by a majority of the voters of the City voting in an election held in accordance with applicable State and City law. For the avoidance of doubt, this Section only limits the power to amend General Plan Policy LU 4.4 and does not limit the power of the City to amend or repeal other portions of the City of Newport Beach General Plan in a manner that is consistent with this Initiative. Section 8. Judicial Enforcement. Any aggrieved person shall have the right to bring an action to enjoin any violation of this Initiative or to enforce the duties imposed on the City by this Initiative. The proponents of this Initiative may defend the provisions of this Initiative in any litigation brought to challenge the Initiative. 7 17-52 ATTACHMENT G RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF AN INITIATIVE MEASURE TO BE SUBMITTED TO THE VOTERS AT THE MUNICIPAL ELECTION TO BE HELD ON , _, 2026, AND PROVIDING FOR THE DEADLINES FOR FILING OF THE IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS FOR AND AGAINST THE INITIATIVE MEASURE WHEREAS, a Municipal Election is to be held in the City of Newport Beach, California ("City") on , 2026, at which there will be submitted to the registered voters of the City the following question: MEASURE CITY OF NEWPORT BEACH GENERAL PLAN - Yes AMENDMENT Shall the measure to amend the City of Newport Beach's General Plan Land Use Element allowing 2,900 new affordable housing units (2,160 reserved for extremely low-, very low-, and low-income households; and 740 for moderate -income households) with densities of 20 - 50 dwelling units per acre, plus State of California allowed housing density bonuses, in No Dover/Westcliff (174), Newport Center (870), West Newport Mesa (406), Airport Area (929), and Coyote Canyon (521), be adopted? WHEREAS, pursuant to California Elections Code ("Elections Code") Section 9280, the City Council may direct the City Attorney to prepare an impartial analysis of the initiative measure showing the effect on the existing law and the operation of the initiative measure; WHEREAS, pursuant to Elections Code Section 9282, the proponents of an initiative measure may file a written argument for, and the legislative body may file a written argument against, an initiative measure; and Resolution No. 2025- Page 2 of 4 WHEREAS, the City Council desires to direct the City Attorney to prepare an impartial analysis of the initiative measure, and to provide for the filing of arguments for and against the initiative measure. NOW, THEREFORE, the City Council of the City Of Newport Beach, California, does resolve, declare, determine and order as follows: Section 1: The City Council hereby directs the City Clerk to transmit a copy of the initiative measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the initiative measure of no more than five hundred words, in accordance with Elections Code Section 9280, by 5:00 p.m. on December 2, 2025. Section 2: The proponents of the initiative measure may file an argument for, and the City Council hereby authorizes the following _ to file a written argument against, the initiative measure, not exceeding three hundred words, accompanied by the printed names and signatures of the authors submitting it, in accordance with Elections Code Sections 9282 and 9283. Section 3: The arguments for or against the initiative measure may be filed, changed or withdrawn until 5:00 p.m. on December 2, 2025, after which no arguments for or against the City initiative measure may be submitted to the City Clerk or withdrawn, in accordance with Elections Code Section 9286(a). Section 4: The arguments shall be filed with the City Clerk, signed, with the printed names and signatures of not more than five of the authors submitting it, or if submitted on behalf of an organization, the name of the organization, the printed name and signature of at least one of its principal officers who is the author of the argument, in accordance with Elections Code Section 9283. Arguments shall be accompanied by the form statement required by Elections Code Section 9600. Section 5: The arguments, ordinance, and impartial analysis shall be made available for public examination for no fewer than ten calendar days following the deadline for submission of those materials, in accordance with Elections Code Section 9295. Section 6: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 7: The City Clerk shall deliver a certified copy of this resolution to the Orange County Board of Supervisors and the Orange County Registrar of Voters. Section 8: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Resolution No, 2025- Page 3 of 4 Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 9: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 10: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) because submission to the voters of a voter -sponsored initiative is a ministerial duty required by Elections Code Section 9215, and is therefore not subject to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Resolution No. 2025- Page 4 of 4 Section 11: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 18th day of November, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE '0'� 01�-- ar n C. Harp City Attorney ATTACHMENT H RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING THE DEADLINES FOR FILING OF REBUTTAL ARGUMENTS IN RESPONSE TO DIRECT ARGUMENTS FILED FOR AND AGAINST THE INITIATIVE MEASURE TO BE SUBMITTED TO THE VOTERS AT THE MUNICIPAL ELECTION TO BE HELD ON , 2026 WHEREAS, a Municipal Election is to be held in the City of Newport Beach, California ("City") on , 2026, at which there will be submitted to the registered voters of the City the following initiative question: MEASURE CITY OF NEWPORT BEACH GENERAL PLAN - I Yes AMENDMENT Shall the measure to amend the City of Newport Beach's General Plan Land Use Element allowing 2,900 new affordable housing units (2,160 reserved for extremely low-, very low-, and low-income households; and 740 for moderate -income households) with densities of 20 - 50 dwelling units per acre, No plus State of California allowed housing density bonuses, in Dover/Westcliff (174), Newport Center (870), West Newport Mesa (406), Airport Area (929), and Coyote Canyon (521), be adopted? WHEREAS, pursuant to California Elections Code ("Elections Code") Section 9282, the proponents of an initiative measure may file a written argument for, and the legislative body may file a written argument against, an initiative measure; WHEREAS, pursuant to Elections Code Section 9285, the City Council, by majority vote, may adopt provisions to provide for the filing of rebuttal arguments in response to direct arguments filed for or against the initiative measure; and WHEREAS, the City Council desires to provide for the filing of rebuttal arguments in response to direct arguments filed for or against the initiative measure. 17-57 Resolution No. 2025- Page 2 of 4 NOW, THEREFORE, the City Council of the City Of Newport Beach, California, does resolve, declare, determine and order as follows: Section 1: Pursuant to Elections Code Section 9285(a), when the Elections Official has selected the arguments for and against the initiative measure which will be printed and distributed to the voters, the Elections Official shall send a copy of the argument in favor of the initiative measure to the authors of the argument against the initiative measure and a copy of the argument against the initiative measure to the authors of the argument in favor of the initiative measure. Section 2: The author or a majority of the authors of an argument relating to an initiative measure may prepare and submit a rebuttal argument not exceeding two hundred fifty words or may authorize, in writing, any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. Section 3: Rebuttal arguments shall be filed with the Elections Official, signed, with the printed names and signatures of not more than five of the authors submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, by 5:00 p.m. on December 12, 2025. Rebuttal arguments shall be accompanied by the form statement required by Elections Code Section 9600. Section 4: Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. Section 5: Rebuttal arguments shall be made available for public examination for no fewer than ten calendar days following the deadline for submission of those materials, in accordance with Elections Code Section 9295. Section 6: All previous resolutions providing for the filing of rebuttal arguments for City measures are hereby repealed. Section 7: The rebuttal provisions provided herein shall apply only to the Municipal Election to be held on , 2026. Section 8: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 9: The City Clerk shall deliver a certified copy of this resolution to the Orange County Board of Supervisors and the Orange County Registrar of Voters. 17-58 Resolution No. 2025- Page 3 of 4 Section 10: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 11: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 12: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(1) because submission to the voters of a voter -sponsored initiative is a ministerial duty required by Elections Code Section 9215, and is therefore not subject to CEQA pursuant to Sections 15060(c)(1) (the activity does not involve the exercise of discretionary powers by a public agency), 15060(c)(3) (the activity is not a project as defined in Section 15378), and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. 17-59 Resolution No. 2025- Page 4 of 4 Section 13: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 18th day of November, 2025. Joe Stapleton Mayor ATTEST: Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ff aron C. Harp City Attorney 17-60