HomeMy WebLinkAbout2.0_General Plan Annual Status Report including Housing Element Report_PA2007-195CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 7, 2013 Meeting
Agenda Item No. 2
SUBJECT: General Plan Annual Status Report including Housing Element
Report (PA2007 -195)
PLANNER: Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan @newportbeachca.gov
RECOMMENDATION
1) Review and comment and;
2) Forward to City Council for review and authorize submittal to the Office of
Planning and Research (OPR) and the State Department of Housing and
Community Development (HCD).
Government Code Section 65400 mandates that the City prepare an annual report on
the status of the General Plan and progress in its implementation. The attached report
includes the requirements pursuant to Government Code Section 65400(B) and
Government Code Sections 65583 and 65584, relating to the implementation of the
Housing Element of the General Plan. The report will be submitted to the City Council
and a copy is required to be sent to the Office of Planning and Research (OPR) and the
Department of Housing and Community Development (HCD).
The General Plan Annual Status Report (Attachment No. PC 2) follows preparation
guidelines set forth by OPR and provides the status of the General Plan and progress
on implementation during the 2012 calendar year. The listed Implementation Programs
are from the General Plan (Attachment No. PC1).
The report also includes the Housing Element Report mandated by Government Code
Sections 65583 and 65584. It demonstrates the City's progress in meeting its share of
regional housing needs and Housing Element programs. Lastly, the Housing Element
Report follows the guidelines provided by HCD as recommended by Government Code
Section 65400(B). The Housing Element section includes the following information:
A. Annual building activity reports for new housing units;
B. Regional housing needs allocation progress; and
C. Program implementation status including local efforts to remove governmental
constraints to the maintenance, improvement, and development of housing.
General Plan Annual Status Report and Housing Element Report
March 7, 2013
Page 2
Environmental Review
The General Plan Status Report, including the Housing Element Report, is not subject
to CEQA, as the actions are not a project as defined in Section 15378(b) (2) of the
Public Resources Code.
Noticing
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Planning Commission considers the item).
Prepared by:
Melinda Whelan
Assistant Planner
ATTACHMENTS
Submitted by:
WisnesKi, VAICP, Deputy Director
PC 1 General Plan Implementation Program
PC2 General Plan Annual Status Report (Including Housing Element Report)
Attachment No. PC 1
General Plan Implementation Program
Imolementation Proarom
1. GENERAL PLAN
Overview
The City of Newport Beach General Plan was prepared and adopted in accordance with the
procedural and substantive requirements of California Government Code §65300 et seq. It serves as
the statement of official policy for Newport Beach's long term physical development and addresses all
elements statutorily required by the Code including Land Use, Housing, Circulation, Conservation,
Open Space, Public Safety, and Noise. To avoid redundancy, the subjects of the Conservation and
Open Space Element have been merged into the Natural Resources Element. Parks and Recreation,
under statute a component of the Open Space Element, has been prepared as a separate element to
reflect its importance. As a municipality is permitted to incorporate other elements that pertain to its
PROGRAM
unique characteristics or visions, the Newport Beach General Plan also includes Harbor and Bay, Arts
and Cultural, and Historic Resources Elements. Though optional by statute, once adopted they hold
equal weight under the law as the mandated elements.
Goals and policies of the General Plan are applicable to all lands within the jurisdiction of the City of
Newport Beach. Consistent with state statutes (565300), the General Plan also specifies policies for
the adopted Sphere of Influence (SOI), encompassing Banning Ranch, which represent the City's
long -term intentions for conservation and development of the property should it be annexed to
Newport Beach. Until that time, uses and improvements of the property are subject to the County of
Orange General Plan.
Programs
Imp 1.1 Ensure that Private Development and Capital Improvements are Consistent
with the General
California statutes require that a city's decisions regarding its physical development must be consistent
with the adopted General Plan. As entitlements for the development of private properties are guided
by the City's ordinances and Charter requirements, implicitly they must be consistent with the General
Plan. As a consequence, it is necessary for Newport Beach to review all subdivision and development
applications and make written findings that they are consistent with all goals and policies of the
General Plan (see Imp 12.1 and Imp 13.1). If the project is found to be inconsistent, it cannot be
approved without revisions of the General Plan and, as necessary, it's implementing ordinances.
Newport Beach General Plan
Implementation Program
When the City or any external agency responsible for the planning or implementation of public works
within the City prepares its annual list of proposed public works and its five -year Capital
Improvement Program (CIP), these must be submitted to the Planning Commission for review for
conformity with the adopted General Plan (Government Code X65401). Additionally, when the City
acquires property for public purposes, such as streets and parks, the Planning Commission is required
to review this action and report on its consistency with the General Plan (565402).
Imp 1.2 Update and Revise the General Plan to Reflect Changing Conditions and
Visions
While there are no specific deadlines for updates and revisions of the General Plan, state guidelines
urge that it be maintained to reflect current conditions, issues, and visions. The State Office of
Planning and Research (OPR) is required to notify a city when its general plan has not been revised
within eight years. If the plan has not been revised within ten years, OPR must also notify the
Attorney General, who will notify the City of the legal risks for failure to maintain a legally adequate
plan. An exception is the Housing Element, which is required to be revised at least every five years
(Code 565588) and certified by the State Department of Housing and Community Development
(HCD). Historically, this deadline has been extended on a number of occasions due to delays in the
preparation of the regional housing allocation by the responsible regional agency, the Southern
California Association of Governments (SCAG).
While comprehensive revisions occur infrequently in recognition of the long -term role of the General
Plan, it is important to monitor its relevance and applicability to local needs and issues as they evolve
over time. At least once every five years the City should review the economic markets for commercial,
industrial, and housing development; identify trends that impact or provide opportunities for the City;
assess the Plan's land use diagram, policies, and standards for their effectiveness in addressing these;
evaluate traffic conditions and their correlation with land use development; and amend these where
desired and necessary. All amendments must be analyzed pursuant to Charter Section 423 to
determine if they must be submitted to the electorate.
As many of the General Plan's implementation programs, particularly the Public Infrastructure and
Services Plans and Public Service Programs, are dependent on available funding and evolve over time
to reflect changing community needs, they should be reviewed and updated at least once each three
years to assure their continuing relevancy. This is a technical revision that would not necessitate a
formal amendment of the General Plan, provided that they do not alter its policies, and would best be
accomplished as an integral component of the Annual General Plan Progress Report (see Imp 1.3).
Revisions and updates of the General Plan should be made in accordance with the General Plan's
Vision Statement, or as modified by future public input. Fundamentally, this should sustain the City's
intentions to be a residential community, balanced with supporting retail uses, job opportunities, and
visitor and recreational services and amenities. Amendments to accommodate the City's "fair- share"
of regional housing demand will be considered in context of these visions and the goals stipulated by
this Plan. Increments of additional growth will be linked to the provision of adequate supporting
transportation systems, infrastructure, and public services.
Newport Beach General Plan
Imp 1.3 Prepare Annual General
Implementation Reports
Implementation Program
Plan Progress and Housing Element
The California Government Code §65400(b)(1) requires all cities and counties to submit an annual
General Plan Progress Report to their "legislative bodies," the State Office of Planning and Research
(OPR), and the State Department of Housing and Community Development (HCD). The purpose of
the report is to provide information on the status of the General Plan and the progress made in
implementing its programs and goals including the adequacy of transportation, utility infrastructure,
and public services to support entitled projects. Additionally, the Report must specify the degree to
which the approved general plan complies with the General Plan Guidelines published by the
Governors Office of Planning and Research (OPR) and the date of its last revision.
As required by State Housing Element Law, the City is also required to monitor all housing programs
and complete a detailed annual Housing Element Implementation Report that documents the City's
progress in fulfilling its share of the Regional Housing Needs Assessment; the status of the
implementation of each of the housing programs of the City's Housing Plan; and reviews actions and
programs adopted to remove or mitigate governmental constraints on the development of housing for
all income levels.
2. ZONING CODE
Overview
The City of Newport Beach Zoning Code, Title 20 of the Municipal Code, is one of the primary
means of implementing the General Plan. Unlike the long -term perspective of the General Plan, the
Zoning Code anticipates the immediate uses of the land. Areas within the SOI are governed by the
County of Orange Zoning Code, until annexation to the City, when they would be subject to the
City's Code.
While state statutes do not require consistency between the General Plan and Zoning Code for
charter cities, such as Newport Beach, most court decisions in the state pertaining to the regulation of
land use development in such communities have set the General Plan as the standard by which
development entitlements that have been legally challenged have been measured. This is based on the
premise that effective implementation of a general plan necessitates mutually reinforcing actions, such
as a consistent zoning code. Newport Beach's practice has been to maintain consistency between its
General Plan and Zoning Code.
Programs
Imp 2.1 Amend the Zoning Code for Consistency with the General Plan
Adoption of the updated General Plan necessitates a thorough review of the Zoning Code's
regulations for consistency with the General Plan's Land Use Plan and policies. This shall include
review of Code requirements pertaining to areas designated as "Specific Plans" (see "Specific Plans"
below) and amendments to Planned Community (PC) Development Plans.
Newport Beach General Plan W
Implementation Program
In accordance with state statutes, the Zoning Code shall be amended "within a reasonable time" of
the adoption of the updated General Plan. While a specific time frame is not specified, it is common
practice for communities to revise their zoning within a 12- to 18 -month time period.
In summary, map and text amendments may be necessary to accomplish the following:
a. Review and revise land use classifications to reflect the General Plan's policies for permitted
uses, densities /intensities, and development standards. These need to reflect the new types of
land use categories, including those that provide for the vertical and horizontal mixing of
housing with commercial, office, visitor- serving and other non - residential land uses.
b. Add standards to implement policies addressing community character and design and
development for each land use category and as defined for sub - areas.
c. Review and amend, where necessary, Code requirements and standards pertaining to the
location and design of development to protect terrestrial and marine environmental resources;
protect development and populations for the risks of environmental hazards such as
earthquakes, tsunamis, methane gas, and excessive noise; and maintain the integrity and quality
of Newport Harbor and the Upper Bay.
d. Review and amend the Code, as necessary, to achieve specific objectives of the General Plan
such as lot consolidation to improve the economic viability of commercial uses, retention of
marine - related businesses, development of affordable housing, and implementation of more
environmentally sustainable buildings and site planning. These may be accomplished through
development requirements and /or incentives.
e. Review and amend the Code, as necessary, to assure that developer requirements for the
dedication of lands for roadway improvements, parklands, and other elements defined by
General Plan policies are fulfilled, including specifications and procedures for which in -lieu fees
may be contributed.
3. SPECIFIC PLANS
Overview
Specific plans are tools for the systematic implementation of the General Plan and intended to
implement and regulate land use and development within a specific project boundary, subject to the
substantive and procedural requirements of §65450 through 565450 of the California Government
Code. Specific plans are regulatory documents adopted by ordinance and, to date, have been
incorporated into Newport Beach's Zoning Code. Therefore, all development standards contained
therein are enforceable by law.
Specific plans that have been adopted by the City of Newport Beach, generally, are more limited in
their scope and application than authorized by the California Government Code. Principally, they are
more specific than underlying the parallel zoning requirements in their definition of development
standards and design guidelines to reflect the unique characteristics of their planning area. Some
prescribe programs for visual enhancement and streetscape improvements. Adopted specific plans at
the time of the approval of the updated General Plan include Newport Shores, Mariner's Mile,
Cannery Village /McFadden Square, Santa Ana Heights, Central Balboa, and Old Newport Boulevard.
Newport Beach General Plan
Implementation Program
A "placeholder" is included in the Code for the anticipated future preparation of a specific plan for
Corona del Mar. However, the updated General Plan does not specify a specific implementation
structure or regulating document for Corona del Mar or most other areas.
As a component of the revision of the Newport Beach Zoning Code for consistency with the General
Plan (Imp 2.1, above), development regulations for designated Specific Plan areas of the City shall be
reviewed and amended as necessary.
Programs
Imp 3.1 Preparation of New Specific Plans
As specific plans are considered by the state CPR to be especially useful for large projects and sites
with environment constraints, there are several potential applications in the City of Newport Beach.
These may be prepared by either the City or private sector. However, responsibility for their adoption
lies with the City Council.
a. Should Banning Ranch not be acquired as open space, guidelines and standards for the
integration of development with the preservation of critical habitat, bluffs, and other natural
open spaces are essential. General Plan policies for the intermixing of a variety of housing types
with local retail services, a hotel, and park in a walkable and sustainable environment can best
be accomplished through detailed development standards and design guidelines that are not
currently contained in the City's ordinances. A specific plan, as conceived by state statute,
would also encompass detailed infrastructure, financing, and phasing plans. A specific plan
would also be helpful in assuring that the quality of development and scope of resource
protection desired for this property would be achieved
b. Specific plans may also be considered to satisfy the regulatory planning requirements for the
residential villages proposed for the Airport Area and the integration of the mix of medical -
related, housing, commercial, and industrial uses in West Newport Mesa. In these cases, the
specific plans would serve as important tools to guide the development of multiple properties
into a cohesive district. It would establish standards for a suitable interface among the diverse
permitted land uses, a high level of architectural design and site landscape, and the
incorporation of parklands, unifying streetscapes, and other amenities.
4. DEVELOPMENT PLANS /PLANNED COMMUNITIES
Overview
The City of Newport Beach provides for a "Planned Community" (PC) designation for the
development of large properties, usually under one ownership, with the objective of producing a well-
defined and cohesive district that integrates one or more type of housing unit and supporting uses
that meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic
circulation similar to comparable residential and commercial districts in the City, as well as reflects the
unique environmental setting of the property. These define specific development standards that are
customized to reflect the unique attributes of the property and its surroundings.
Newport Beach General Plan
Imolementation Proaram
Programs
Imp 4.1 New "Planned Community" Development Plans
In lieu of the preparation of specific plans, as discussed above, the City may elect to have "Planned
Community" plans prepared for large scale development projects permitted by the General Plan.
Principally, these would apply to Banning Ranch, and residential villages in the Airport Area. For the
latter, these would serve as the "regulatory plan" required for each village. This would expand the
traditional use of the City's PC designations to incorporate detailed design guidelines, infrastructure
plans, phasing, and financing mechanisms.
5. LOCAL COASTAL PROGRAM
Overview
Implementation of California Coastal Act policies is accomplished primarily through a Local Coastal
Program (LCP) that contains a Coastal Land Use Plan (CLUP) and Implementation Plan (IP). The
CLUP sets forth goals, objectives, and policies that govern the use of land and water in the coastal
zone within the City of Newport Beach, with the exception of Newport Coast and Banning Ranch.
Newport Coast is governed by the previously certified and currently effective Newport Coast segment
of the Orange County Local Coastal Program. Banning Ranch is a Deferred Certification Area (DCA)
due to unresolved issues related to land use, public access, and the protection of coastal resources.
The IP consists of the zoning ordinances, zoning district maps, and other legal instruments necessary
to implement the land use plan.
Programs
Imp 5.1 Review and Revise Coastal Land Use Plan for Consistency with the General
Plan
The General Plan's updated goals and policies were written in consideration of the CLUP approved
by the California Coastal Commission on February 8, 2006. Many of its policies were directly
incorporated in the Land Use, Harbor and Bay, Natural Resources, Recreation, and Safety Elements.
However, there are a number of policies in the updated General Plan that may deviate from those in
the approved CLUP Among these are policies for the inclusion of housing and mixed -use
developments in portions of the coastal zone and the revised land use classification and
density /intensity system. It will be necessary to review and amend the CLUP for consistency and
submit these to the Coastal Commission for certification.
6. SUBDIVISION ORDINANCE
Overview
The City of Newport Beach Subdivision Ordinance, Title 19 of the Municipal Code, regulates and
controls the division of land within the City in accordance with the Subdivision Map Act and
Government Code 566411. The Subdivision Ordinance regulates the design and improvement of
Newport Beach General Plan
Implementation Program
subdivisions, requires dedications of public improvements, establishes development impact fees and
mitigation programs, and requires conformity with the provisions of the City's General Plan. This
includes the review and approval of lot size and configuration, street alignments, street grades and
widths, traffic access, drainage and sanitary facilities, lands dedicated for public uses (e.g., schools and
parks) and open spaces, and other measures as may be necessary to insure consistency with or
implementation of the General Plan.
Programs
Imp 6.1 Review the Subdivision Ordinance for Consistency with the General Plan
On adoption of the updated General Plan, the Subdivision Ordinance shall be reviewed and amended
where necessary to ensure consistency with its goals and policies. This may encompass revisions
related to the Plan's policies pertaining to the intermixing of uses; site planning and design; landscape
improvements; roadway and street standards and improvements; storm drainage and pollution runoff
control; conformance to natural topography and landscapes; terrestrial and marine habitat protection;
landform and coastal sand protection; flooding, fire, geologic, seismic, and other hazard abatement;
environmental impact mitigation, and infrastructure and public service concurrency.
Additionally, the City should examine and modify the Ordinance to reflect state -of- the -art land
development practices that enhance environmental sustainability, such as the draft "LEED for
Neighborhood Developments (LEED -ND) Rating System." These standards would largely be
applicable to large scale development projects, such as the Banning Ranch.
7. BUILDING AND CONSTRUCTION CODE
Overview
Building construction in the City is regulated by Title 15 of the Newport Beach Municipal Code,
"Buildings and Construction." This encompasses the 1994 Uniform Code for Building Conservation;
1997 Uniform Administrative Code; Uniform Housing Code; California Swimming Pool, Spa, and
Hot Tub Code; the 2001 California Building Code; California, Mechanical Code, and California
Plumbing Code; the 2004 California Electrical Code; Newport Beach Excavation and Grading Code;
Newport Beach Flood Damage Protection; and the Newport Beach Construction Site Fencing and
Screening. Additionally, Title 15 includes regulations for Earthquake Hazard Reduction in Existing
Buildings, Sign Code, House Moving, Abatement of Substandard Buildings, Undergrounding of
Utilities, Fair Share Traffic Contribution, Traffic Phasing, Major Thoroughfare and Bridge Fee
Program, Development Agreements, Flood Damage Protection, Methane Gas Mitigation, Wireless
Telecommunications Facilities, and Santa Heights Redevelopment. The City applies the most recently
updated codes by state, federal, and professional organizations. The Fair Share Traffic Contribution
ordinance and accompanying resolution determine the total unfunded cost of completing the City's
Circulation Element and allocate this cost to future development based on traffic generation rates.
Newport Beach General Plan M
molementation Proaram
Programs
Imp 7.1 Review Building and Construction Code for Consistency with General Plan
General Plan policies largely mimic the provisions of the City's Building and Construction Code (Title
15), particularly those addressing public safety. As the General Plan specifies many new policies
pertaining to the design and development character of many land use districts, the Code should be
reviewed to assure that these are fully addressed. In addition, as the General Plan provides for the
development of high -rise multi- family residential, the Code should also be reviewed for its adequacy
in consideration of the policies for such building types in the Airport Area.
The City should also consider revisions of Title 15 to foster the use of "green - building" techniques
that have not been traditionally used in the City, as well as other appropriate revisions to achieve the
Plan's policy objectives.
Imp 7.2 Revise Fair Share Traffic Contribution Ordinance
The updated Circulation Element will require revisions of the City's Fair Share Traffic Contribution
Ordinance, Chapter 15.38, for consistency, with periodic updates as necessary for funding
consideration changes (including the implications of regional improvements such as those contained
in the Orange County Master Plan of Arterial Highways and the traffic contribution of adjacent cities
such as Irvine, Huntington Beach, Costa Mesa, and Laguna Beach). This ordinance and accompanying
resolution determine the total unfunded cost of completing the City's Circulation Element and
allocate this cost to future development based on traffic generation rates.
Imp 7.3 Review and Update Transportation Demand Ordinance
The Transportation Demand Management (TDM) Ordinance should be periodically reviewed and
updated to address the needs of new development types and land use mixes, especially as mixed use
development is implemented in areas such as Newport Center and the Airport Area.
8. OTHER CODES AND ORDINANCES
Overview
General Plan policies are also implemented through a diversity of other codes and ordinances of the
City of Newport Beach. Relevant sections of the Municipal Code may include, but are not limited to,
the following:
■ Title 6, Health and Sanitation
■ Title 9, Fire Code
■ Title 10, Offenses and Nuisances
■ Title 11, Recreational Activities
■ Title 12, Vehicles and Traffic
■ Title 13, Streets, Sidewalks, and Public Properties
■ Title 17, Anchorage and Mooring Regulations
WNewport Beach General Plan
Imolementation Program
Programs
Imp 8.1 Review Codes and Ordinances for Consistency with the General Plan and
Update Periodically
On adoption of the General Plan, relevant codes and ordinances of the City shall be reviewed for
their consistency and revisions prepared where necessary. These shall be updated periodically to
reflect state -of- the -art practices and technologies. Representative of the issues addressed by General
Plan policy that should be reviewed are the following:
a. Requirements for live- aboard vessels pertaining to the integrity, quality, and safety of Harbor
uses, environmental protection, and impacts on the public, waterfront owners /lessees, and
adjoining properties
b. Regulation and transfer of mooring permit applications and titles
c. Standards for the design and siting of bulkheads, pier, and similar structures to address their
potential visual impacts
d. Standards and policies specified by the Noise Element to protect sensitive noise receptors,
residents and businesses from unwanted noise impacts from traffic, JWA operations,
construction activities, truck deliveries, special events, charter and entertainment boats, and
similar sources
Imp 8.2 Prepare New Codes, Ordinances, and Guidelines
The updated General Plan shall be reviewed and evaluated for the need to adopt new codes and
ordinances that implement its policies and standards. Among those that may be considered for their
appropriateness are the following:
a. A "commercial - residential' interface ordinance that regulates use, activity, and design of
commercial properties located on shallow parcels directly abutting residential neighborhoods
b. Design guidelines for the renovation or reconstruction of housing in existing neighborhoods to
assure that they complement the character of existing development; these may be applied to
specific neighborhoods or citywide
c. An ordinance or guidelines for the preservation of historic buildings and /or properties; this
shall be developed in consideration of guidelines published by the State Historic Preservation
Office
d. An ordinance managing parking in commercial and mixed -use corridors and districts
characterized by deficient parking; this may provide for the establishment of parking districts in
which new parking may be developed in public or private shared facilities or structures or other
facilities, as well as procedures for the funding of these improvements
9. CITY COUNCIL POLICY MANUAL
Overview
Many regulatory policies established by the City Council are adopted by ordinance and included in the
Municipal Code. However, other policies also are established which by their nature do not require
adoption by ordinance. These policy statements adopted by resolution of the City Council are
Newport Beach General Plan
Implementation Program
consolidated within the Newport Beach City Council Policy Manual. This Manual contains numerous
polices that establish rules and guidelines for City administration, planning, public works and utilities,
environmental protection, city services, and coastal activities. These policies help to guide residents
and city staff in the direction that Council will take on certain matters. City Council Policies are set at
Council Meetings and are reviewed annually.
Programs
Imp 9.1 Review City Council Policy Manual for Consistency with the General Plan
The City Council Policy Manual shall be reviewed to assure that its policies are consistent with the
updated General Plan.
10. DATABASE MANAGEMENT AND DEVELOPMENT
TRACKING AND MONITORING
Overview
Among the responsibilities of the City's Management Information Systems (MIS) Division is the
maintenance of a centralized database development and support system. This is supplemented by the
development and maintenance of data by individual City departments. This includes the Geographic
Information System (GIS) that allows data to be connected to all parcels in the City, facilitating
analysis and display of information geographically.
Tracking new development as it is approved will enable the City, property owners, and the public to
easily and quickly know how much development potential remains for a property or an area.
Incorporation of the data base in GIS format on the city's web page would facilitate public access and
review. In addition, adoption and voter approval of the updated General Plan will modify the
development capacities in the City, and these will be used as the basis for the review of project
applications and determination of the need for voter approval pursuant to Charter Section 423.
Programs
Imp 10.1 Maintain Up -to -Date Comprehensive Database
Data that is likely to change over a comparatively short time period, such as built land use and traffic
should be updated on a continuing basis, while data that is stable, such as seismic hazard zones, can
be updated on a less frequent basis. In its annual budgeting process, priority should be placed on
expenditures for the compilation of data that informs the City's development decisions, public works
improvements, services, and programs.
Imp 10.2 Maintain Development Tracking and Monitoring Program
As new development is approved and implemented, the number of dwelling units and building area of
non - residential development should be tracked to enable the City to inform property owners,
developers, and decision - makers regarding the amount of remaining development capacity for
Newport Beach General Plan
Implementation Program
pertinent Statistical Areas and individual parcels. This will facilitate the City's compliance with the
development thresholds and limits required by Charter Section 423.
1 1. CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
Overview
Chapter 20.90.050 of the Newport Beach Municipal Code requires that a project that is not exempt
from the California Environmental Quality Act (CEQA) shall be reviewed and either a Negative
Declaration or an Environmental Impact Report (EIR) shall be prepared. The City's Implementation
Procedures for CEQA are presented in the City Council Policy Manual, Policy "K.3." These specify
the activities that are subject to, not subject to, and exempt from CEQA; content and procedures for
Initial Studies, Negative Declarations, and Environmental Impact Reports; processes for consultant
assistance in the preparation of environmental studies and documents; fees for CEQA processing; and
authorities of the Planning Director.
In conformance with CEQA requirements, a "Program" FIR was prepared and certified for the
updated City of Newport Beach General Plan. Some of the provisions that might have been defined
as mitigation measures have been incorporated as policies of the General Plan, so that the
requirements are specified in one document.
The Program FIR is written to the level of specificity of the General Plan's Land Use Plan's goals,
policies, and programs. It may serve as a reference in the preparation of CEQA - required
environmental documents for implementation of the General Plan, subsequent Specific Plans, Precise
Plans, capital improvements, and other actions that are consistent with the General Plan.
Programs
Imp 11.1 CEQA Review Development and Entitlement Applications
Applications for entitlement and development in the City of Newport Beach shall be subject to review
in accordance with the City Council Policy Manual Implementation Measures for CEQA.
Environmental analyses shall include assessment of the project's consistency with General Plan
policies pertaining to each environmental topic under discussion. To the extent permitted by state law
and court decisions, the General Plan Program EIR can be used as citywide framework from which
project EIRs can be tiered. The Program EIR shall not be used for any project that is more intense
than, or inconsistent, with the General Plan.
12. FISCAL IMPACT ANALYSIS
Overview
A Fiscal Impact Model has been developed that documents the balance of costs of public services and
revenues to be derived resulting from the mix of land uses permitted by the General Plan. These are
assigned to each category of land use, single family residential, multi-fan- ly residential, retail
Newport Beach General Plan
Implementation Program
commercial, and office development, for example. As the analyses conclude, the mix of uses is highly
inter- related and the fiscal benefits of individual land uses cannot be considered independently.
Programs
Imp 12.1 Evaluate Fiscal Benefits of Development Proposals and Annexations
Significant development projects and General Plan Amendments shall be evaluated for their net fiscal
impacts on the City of Newport Beach. This will use the Fiscal Impact Model developed for the
General Plan and identify all costs for public services and revenues to be derived. The City shall
decide the type, scale, and mix of uses that shall be subject to fiscal review.
Imp 12.2 Maintain and Update Fiscal Impact Model
To ensure that the Fiscal Impact Model continues to be a useful tool for evaluating development
proposals, annexations, and related actions, the City should maintain and regularly update the base
information in the model.
13. DEVELOPMENT AGREEMENTS
Overview
In accordance with Chapter 15.45 of the Newport Beach Municipal Code, development agreements
may be prepared as contractual agreements between the City and developers to provide assurances to
each party regarding the uses to be entitled, rules of development, and public benefits of the
development project. The Code stipulates that a development agreement specify the duration of the
agreement, permitted uses of the property, density or intensity of use, maximum height and size of
proposed buildings, and provisions for reservation or dedication of land for public purposes, if
required. The agreement may include conditions, terms, restrictions, and requirements for subsequent
discretionary actions and may specify the riming and phasing of construction.
The uses and development standards specified by a development agreement must be consistent with
the General. Plan and /or, where appropriate, Specific Plan and Local Coastal. Program.
Programs
Imp 13.1 Process Development Agreements
For new master planned residential communities and large scale commercial and mixed -use projects,
the City and project developers may elect to enter into a development agreement. Such a tool may be
useful in guiding development that may be permitted on Banning Ranch if not acquired as open
space, development of residential villages within the Airport Area, and the integration of multiple uses
in West Newport Mesa. Development Agreements shall be required for housing developed as additive
infill on surface parking lots in the Airport Area and the additional entitlement of 450 housing units in
Newport Center and shall specify the public benefits to be contributed by the developer in exchange
for the City's commitment for the number, density, and location of the housing units.
Newport Beach General Plan
Imolementation Proaram
Governance
The Governance portion of the General Plan Implementation Program describes the institutional
processes through which key policy decisions related to land use development, capital improvements,
and resource conservation will be made and carried out.
14. INTERAGENCY COORDINATION
Overview
Implementation of the General Plan's goals and policies requires the cooperation and coordination of
the City with a diversity of local, state, and federal agencies and private and semi - private institutions.
The following summarizes many of the interagency coordination procedures directly related to the
General Plan's policies that are currently being carried out or anticipated in the short -term. These will
be supplemented by other ongoing programs and new strategies that will be defined during the life
span of the General Plan's implementation.
Programs
Imp 14.1 Adjoining Cities
The City of Newport Beach has established "borders committees" to collaborate with the cities of
Irvine, Huntington Beach, and Costa Mesa to address planning, development, transportation, and
other issues that jointly impact the communities. Newport Beach will also work with surrounding
jurisdictions and agencies to coordinate and test emergency preparedness and response plans.
Imp 14.2 Coordinate with School Districts
The City of Newport Beach and the school districts serving the City, including the Newport -Mesa
Unified School District, Santa Ana Unified School District, and Laguna Unified School District, shall
work together on the identification and acquisition of potential school sites and expansion of existing
facilities; monitoring and management of traffic conditions at school locations; CEQA- required
documentation for residential projects; and joint -use agreements for public recreational uses of school
properties.
Imp 14.3 Coordinate with Orange County
The City of Newport Beach and Orange County should continue to collaborate in numerous
programs affecting land use and development, affordable housing, transportation, infrastructure,
resource conservation, environmental quality, management of Newport Harbor and Upper Newport
Bay; and John Wayne Airport operations and improvement plans.
Imp 14.4 Coordinate with Orange County Transportation Authority (OCTA)
The Orange County Transportation Authority (OCTA) is a multi-modal transportation agency serving
Orange County. It is responsible for countywide bus and paratransit service, Metrolink commuter rail
Newport Beach General Plan
Implementation Program
service, the 91 Express Lanes toll facility, freeway, street and road improvement projects, motorist aid
services, and regulation of taxi operations. Through the adopted Measure M, a voter- approved half -
cent sales tax for transportation improvements, OCTA allocates funding for specific transportation
improvement projects in three major areas — freeways, streets, roads and transit. OCTA also secures
funding for regional and local agencies from state and federal agencies. The City of Newport Beach
will implement General Plan policies by doing the following:
• Working with OCTA to support the implementation of needed regional Master Plan
improvements that will benefit mobility within the City
• Soliciting funding from OCTA for local transportation, transit, parking, bikeway, and other
related improvements as such revenues are available in the future
• Periodically reviewing the adequacy of transit service in Newport Beach and coordinating with
OCTA to provide transit support facilities including park- and -ride lots, bus stops, shelters, and
related facilities
• Coordinating with OCTA to establish or modify bus stop locations to provide adequate access
to local residents and to destinations for external uses, as well as efficient and safe traffic
operations
• Requesting the OCTA to assess the need for the expansion of fixed -route service and efficient
transportation to future transportation facilities
• Coordinating with OCTA to provide expanded summertime bus and /or shuttle service to
reduce visitor traffic
• Coordinating with OCTA to provide programs to issue monthly bus passes locally and provide
special programs for subsidizing passes for the disadvantaged
Imp 14.5 State of California Department of Housing and Community Development
The California Department of Housing and Community Development (HCD) is responsible for the
certification of Newport Beach's Housing Element (see Development Management System above).
Each five years, the City shall update the Element based on input received from the HCD and
regional agency (Southern California Association of Governments) regarding the City's "fair share" of
regional housing demand. The focus of the update will be on the provision of adequate sites and
programs for affordable housing.
Imp 14.6 Coordinate with California Coastal Commission
The California Coastal Commission is responsible for the implementation of the California CoartalAct
of 1976. As described above (Development Management System), the City's Local Coastal Program's
(LCP) Land Use Plan (CLUP) had been certified at the time of the adoption of the updated General
Plan. The City shall work with the Coastal Commission to amend the CLUP to be consistent with the
General Plan and pursue certification of the Implementation Plan. The City shall ensure that on
certification, applications for development shall be reviewed by the City for consistency with the
certified LCP and California CoastalAct of 1976.
Newport Beach General Plan
Imolementation Proaram
Imp 14.7 Coordinate with the California Resources Agency, Department of Fish and
Game
The California Resources Agency Department of Fish and Game is responsible for the maintenance
of native fish, wildlife, plant species, and natural communities for their intrinsic and ecological value.
This includes habitat protection and maintenance in a sufficient amount and quality to ensure the
survival of all species and natural communities. The Department is also responsible for the issuance
of permits for lake and streambed alterations, incidental takes of state -listed species, in accordance
with the California Endangered SpedesAct, and near -shore fishery activity.
Implementation of the General Plan's policies for natural resource protection shall be achieved
through the City's consultation with the DFG in the review of projects that may impact terrestrial and
marine resources and identification of resource protection and impact mitigation measures, including
support for the DFG's efforts for habitat acquisition and restoration on Banning Ranch. The City
shall cooperate with the DFG and other agencies in implementing the eel grass restoration of
Newport Bay and programs for the protection and management of upper Newport Bay, including the
Newport Beach Marine Refuge, Irvine Coast Marine Life Conservation Areas, and Upper Newport
Bay State Marine Park.
Imp 14.8 Coordinate with the California Department of Parks and Recreation
The California Department of Parks and Recreation is responsible for the management of state parks
and beaches under its jurisdiction. In Newport Beach, this includes Corona del Mar State Beach and
Crystal Cove State Park. Cooperate in maintaining and expanding, where appropriate, recreational
opportunities along the coast and marine recreation related facilities.
Imp 14.9 Coordinate with the California Department of Transportation
The California Department of Transportation (Caltrans) is responsible for the planning, construction,
and maintenance of state highways and freeways, including SR 73 and Newport Boulevard (SR 55)
between Finley Avenue and the City boundary. Coast Highway in Newport Beach, excluding the
portion from Newport Coast Drive to Jamboree Road, is currently a state highway and Caltrans
maintains authority over its right -of -way and standards for improvements. The General Plan
recommends that the City discuss and negotiate with Caltrans for the relinquishment of Coast
Highway through the City as a State Highway and begin these discussions at the earliest possible time.
Imp 14.10 Transportation Corridor Agencies (TCA)
The Transportation Corridor Agency (TCA) oversees the San Joaquin Hills (SR -73) Toll Road. It is
governed by a Board of Directors made up of elected officials from cities and county districts that are
adjacent to the toll roads, whom are appointed by the respective cities. The San Joaquin Hills Toll
Road was built as a state highway, owned and maintained by Caltrans and the TCA is responsible for
public oversight, toll policies, operations, and financing. The City shall coordinate its local roadway
improvements that impact and are impacted by the Toll Road with the TCA.
Imp 14.11 California Public Utilities Commission
The California Public Utilities Commission (PUC) regulates privately owned telecommunications,
electric, natural gas, water, railroad, rail transit, and passenger transportation companies. Among its
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Implementation Program
responsibilities is the coordination of funding for the undergrounding of overhead utilities. Newport
Beach shall work with the PUC in obtaining funding and implementing the undergrounding of
remaining overhead utilities.
Imp 14.12 Coordinate with United States Army Corps of Engineers
Among its responsibilities, the United States Army Corps of Engineers (USAGE) is responsible for
the protection of water resources, habitat, and hydrological processes in the "navigable waters" of the
United States. This encompasses wetlands, in addition to Newport Harbor and Bay.
Implementation of the General Plan's policies for natural resource protection shall be achieved
through the City's support of programs of the USACE, with other agencies, in the restoration of
wetlands and other habitat on Banning Ranch. The City shall cooperate with the USACE and other
agencies in implementing the eel grass restoration of Newport Bay and programs for the protection
and management of upper Newport Bay, including the Newport Beach Marine Conservation Area,
Irvine Coast Marine Life Refuge, and Upper Newport Bay State Marine Park. In addition, the City
shall coordinate with USACE in the maintenance and delineation of federal navigational channels for
navigation and safety in Newport Harbor and securing and funding sediment disposal sites for future
dredging projects.
Imp 14.13 Coordinate with United States Fish and Wildlife Service
The US Fish and Wildlife Service (USFWS) is responsible for conserving, protecting, and enhancing
fish, wildlife, and plants and habitats that are subject to federal jurisdictional authority within Newport
Beach. The City shall cooperate with the USFWS, in collaboration with other resource agencies, in the
protection of terrestrial and marine resources including wetlands and other important habitats on
Banning Ranch and supporting and implementing management of the Upper Newport Bay State
Marine Park and marine life refuges off shore of Corona del Mar and Newport Coast.
Imp 14.14 Coordinate with Environmental Protection Agency
The US Environmental Protection Agency (EPA) is responsible for protecting human health and the
environment. Other responsibilities include developing and enforcing regulations that implement
environmental laws enacted by Congress; cooperating with the US EPA, in collaboration with other
resource agencies, in the protection of terrestrial and marine resources; and working with the EPA to
secure sediment disposal sites for future dredging projects.
Imp 14.15 Coordinate with United States Postal Service
The United States Postal Service (LISPS) maintains a distribution facility in Mariner's Mile. Newport
Beach should work with the USPS for the possible relocation of this postal distribution facility to
enable its reuse for parking or retail activity. The City should assist in the identification of potential
alternative sites that are accessible to residents and do not adversely impact neighborhood character.
Imp 14.16 Other Agencies.
There are numerous other agencies that have jurisdiction and /or are involved in the development,
capital improvement, and conservation programs of the City of Newport Beach. The following lists
some of these key agencies:
Newport Beach General Plan
Implementation Program
• Energy and telecommunications service providers such as Southern California Edison
Company and Southern California Gas Company
• Santa Ana Regional Water Quality Control Board
• Metropolitan Water District
• South Coast Air Quality Management District
• Southern California Association of Governments
• California State Parks
• National Marine Fisheries Service
15. ANNEXATION
Overview
Lands may be annexed into the City of Newport Beach with the approval of the Local Agency
Formation Commission (LAFCO) and registered voters within the area to be annexed or property
owners, based on land valuation, where there are no residents.
During the approval process the City must identify its intended zoning for the area, which must be
consistent with the General Plan; review of the environmental impacts of annexation; identify the
costs and adequacy of government services; evaluate the ability of the City to provide the services to
the annexed area and sufficiency of revenue demonstrated; and establish a program and compensation
defined for the transfer of existing facilities, such as parks and libraries, and capital improvements
from the County to the City.
A fiscal impact study should be conducted for any proposed annexation that identifies all costs of
services, the revenue to be derived, and the net effect on the City's overall fiscal balance. In practice,
this will be accomplished through the Fiscal Impact Model developed for the General Plan update.
Unincorporated lands within Newport Beach's sphere of influence should be considered for
annexation.
Programs
Imp 15.1 Encourage Annexation of Banning Ranch Prior to Development
The City shall work with the property owners to reach agreement on development of the property (if
it is not acquired as open space) with City approvals and its annexation into Newport Beach prior to
development, to assure that development is consistent with the goals and policies of the General Plan.
Public Infrastructure Plans
A diversity of public and quasi -public agencies is responsible for the provision of infrastructure and
services for Newport Beach's residents and businesses. These include agencies both under the
jurisdiction and independent of the City. Each is responsible for the planning and funding of
improvements to assure that existing and projected future needs of Newport Beach's residents are
Newport Beach General Plan M
Implementation Program
met. The General Plan provides information to each agency regarding the City's intended distribution
and density /intensity of future growth that should serve as the basis for the updating of Public
Improvement Plans that specify the type, amount, cost, and phasing of public improvements and
facilities necessary to support future population and employment development.
16. MOBILITY INFRASTRUCTURE AND TRAFFIC
MANAGEMENT
Overview
The City's Department of Public Works is responsible for the planning, engineering, and
improvement of streets throughout the City, except the portions of Coast Highway and Newport
Boulevard that are designated State Highways, State Route 73, and streets within gated residential
communities. It is anticipated that the City will assume responsibility for Coast Highway in the future.
Required improvements are reviewed annually, prioritized, and funded by the City's Capital
Improvement Program (CIP).
Programs
Imp 16.1 Improve Arterial Streets and Highways According to Classification
The City shall take the necessary actions to obtain the required right -of -way to provide the ultimate
cross sections for each type of roadway classification designated in the General Plan when adjacent
land development occurs.
Imp 16.2 Monitor Traffic Conditions and Plan for and Fund Improvements
The City shall monitor, design and manage roadway conditions and maintain streets. Periodically, the
City shall conduct traffic counts at key intersections and roadways (average daily traffic counts and
peak hour intersection counts). The City shall strive to maintain Level of Service "D" as specified in
General Plan policies. Street improvements in the City's Capital Improvement Program shall be
reviewed and updated regularly to meet and maintain the adopted traffic level of service standards and
be consistent with Measure M and State Congestion Management Program requirements.
Imp 16.3 Construct Street and Highway Improvements
The City shall construct necessary improvements to street intersections to attain acceptable Levels of
Service, as defined in the Circulation Element. These shall be implemented as needed based on the list
of impacted intersections included in the General Plan EIR, and also in accordance with development
project traffic impact studies. Intersections with improvements necessary for buildout conditions are
delineated on Figure CE -3 of the Circulation Element.
Imp 16.4 Monitor Roadway Conditions and Operational Systems
The City shall monitor and maintain City streets and thoroughfares. The City shall develop and follow
a schedule for periodic review of City streets with respect to pavement, signage, signalization, and
Newport Beach General Plan
Implementation Program
comparable elements. If inadequacies are found, the City will perform or contract with a consultant to
perform maintenance of roadway features.
Imp 16.5 Maintain Consistency with Regional Jurisdictions
The City shall maintain consistency with regional jurisdictions (Caltrans, Orange County) to provide
adequate facilities including roadway infrastructure plans and design standards. The City shall work
with regional jurisdictions to modify regional plans (such as the Orange County Master Plan of
Arterial Highways) so that they are consistent with City plans. The City will also periodically review
City standards to ensure they remain up -to -date and consistent with regional standards as new
standards are adopted.
Imp 16.6 Local /Neighborhood Access Roads
The City shall undertake studies of residential neighborhoods on a case by case basis to identify local
circulation patterns and principal access points in order to assess the opportunities and needs to
restrict, divert, or mitigate arterial traffic intrusion. Such studies should include an assessment of the
traffic impacts on the entire neighborhood and the participation of neighborhood residents to prepare
a consensus plan of neighborhood traffic control. In addition, the City shall maintain standards that
ensure safe and efficient access for emergency vehicles to residential, commercial, and industrial areas.
Imp 16.7 Traffic Control
Traffic congestion shall be reduced through reasonable methods utilizing conventional and innovative
methods for traffic control. Traffic signal timing standards, in addition to serving drivers, should
adequately provide for pedestrian crossings. Traffic signal interconnect systems shall be maintained
and upgraded to efficiently coordinate and control traffic flows on arterial streets. The City shall
identify and incorporate intelligent transportation systems as a logical method to improve peak hour
traffic flow.
The special issue of summertime traffic should be monitored and evaluated periodically. The City
should continue to evaluate and implement, if appropriate, summertime traffic control measures
and /o alternative transportation modes to reduce the impact of high volume summer traffic.
Imp 16.8 Provide Public Transportation
The City shall continue to operate local demand - responsive transit service within the City to ensure
mobility and accessibility for the City's citizens, especially the elderly. The City shall also work with
the Orange County Transportation Authority for countywide bus service that will guarantee regional
and local travel options. The City should encourage the development of additional public
transportation services and facilities such as park- and -ride facilities, and look for opportunities to
support the upgrade and enhancement of existing services.
Imp 16.9 Manage Truck Operations
Maintain and enforce a system of truck routes on specified arterial streets to control trucking and
delivery operations within the City. Periodically review the truck route system and make changes as
required to ensure that it adequately serves the City and protects areas of the City from truck traffic
intrusion. Work with regional agencies as they continue to assess goods movement in Orange County.
Newport Beach General Plan
Implementation Program
Imp 16.10 Improve Parking Supply and Management
Parking Management Programs shall be considered for commercial and residential areas of the City
with inadequate parking, such as Corona del Mar and the Balboa Peninsula. This may consider the
development of public parking lots or structures, street parking permitting, valet programs, and
similar techniques as feasible. Existing public parking lots should be evaluated for their accessibility,
utilization, and proximity to the uses they support. Possible relocation should be considered where
they do not effectively support surrounding land uses.
Funding for public parking facilities may be derived from the establishment of parking districts,
supported by local businesses and organizations, including Business Improvement Districts. In -lieu
fee programs shall be considered to fund the development of public parking.
The City shall work with commercial, office, and institutional property owners to encourage the use
of parking areas on weekends and holidays in conjunction with transit services.
Imp 16.11 Maintain Trails
Newport Beach should continue to develop and maintain non - motorized transportation systems as a
viable alternative to vehicular travel and to help satisfy local recreational needs, and should include
trails and facilities that traverse the citywide area. A system of route designations for bicycles,
equestrians, and pedestrians, as well as support facilities shall be maintained in cooperation with
adjacent jurisdictions, where appropriate.
Imp 16.12 Marine Transportation
The City shall conduct a study to evaluate the feasibility of marine transportation services as a
supplement to automobile use. Marine transportation docking, buildings, and support facilities such as
parking throughout the coastal areas of the City shall be evaluated and modified as necessary and
feasible to coordinate with the surrounding transportation system.
17. WATER
Overview
Water service in the City of Newport Beach is provided by the City, Irvine Ranch Water District, and
Mesa Consolidated Water District. Each agency maintains master plans for services, facilities,
maintenance, and improvements necessary to support existing and projected population growth and
development. Conservation practices and requirements to meet regional, state, and federal water
quality regulations are included within the respective plans. Each agency maintains a capital
improvements program for the provision of water system improvements, special projects, and
ongoing maintenance. Water demands are monitored and periodically the plans are updated to
account for any service issues and regulatory changes.
WINewport Beach General Plan
Imolementation Prooram
Programs
Imp 17.1 Maintain and Implement Urban Water Management Plans and Encourage
Conservation
Information regarding the General Plan's development capacities shall be forwarded by the City to the
Irvine Ranch Water District and Mesa Consolidated Water District as the basis for their consideration
of the adequacy of existing and planned improvements to meet the needs of existing and future
populations. Required facility improvements shall be budgeted by each agency, including, where
appropriate, the City's five year and annual Capital Improvement Programs.
Strategies to promote the conservation of water should be periodically reviewed for their effectiveness
and updated in the plans to reflect best management practices. These may include tiered rates, the use
of recycled water, incentives for on -site capture and retention of rainwater in private development,
and comparable techniques. In addition, the water agencies should consider the potential use of
alternative water sources for the water supply by implementation of advanced water treatment
processes, when feasible.
18. SEWER
Overview
Sanitation service and sewerage in the City of Newport Beach are provided by the City, Irvine Ranch
Water District (IRWD), and Costa Mesa Sanitation District (CMSD). Each agency maintains master
plans for services, collection and treatment facilities, maintenance, and improvements necessary to
support existing and projected population growth and development. Wastewater from these service
areas, as well as greater Orange County, is collected, treated, and disposed by the Orange County
Sanitation District (OCSD).
Programs
Imp 18.1 Maintain and Implement Sewer Master Plan
Information regarding the General Plan's development capacities shall be forwarded to the IRWD,
CMSD, and OCSD as the basis for their consideration of the adequacy of existing and planned
improvements to meet the needs of existing and future populations. These master plans should review
the adequacy of facilities in areas in which new growth or substantive changes in use are targeted.
Required facility improvements shall be defined and budgeted by the respective agencies, including
the City's five year and annual Capital Improvement Programs.
19. STORM DRAINAGE
Overview
Storm drainage systems in the City of Newport Beach are maintained by the City, Orange County, and
local community associations. In general, the County is responsible for maintaining the regional flood
Newport Beach General Plan
Implementation Program
control system, while the City is responsible for local improvements, excepting Newport Coast.
Drainage improvements are coordinated between the City's Public Works Department and County's
Public Resources and Facilities Department. Each maintains master and capital improvement plans
for storm drainage improvements, special projects, and ongoing maintenance. These must also
conform to regional, state, and federal regulatory requirements, including controls of the discharge
from municipal storm sewer systems.
Programs
Imp 19.1 Maintain Storm Drainage Facilities
The City and County shall periodically review their Storm Drain Master Plans to assure that adequate
facilities are provided to serve permitted development and to comply with National Pollutant
Discharge Elimination System (NPDES) requirements.
20. PUBLIC STREETSCAPE IMPROVEMENT PLANS
Overview
The City has completed streetscape improvements for Balboa Village and Corona del Mar, including
street trees and plantings, medians, decorative paving materials, lighting, and benches. Specific Plans
for other areas and General Plan policies provide for the implementation of additional streetscape
improvements.
Programs
Imp 20.1 Design, Fund, and Construct Streetscape Improvements
For areas designated by the General Plan to achieve an active pedestrian environment or
improvement of their image and quality, design plans and financing plans should be prepared for the
appropriate streetscape improvements. These may include the Airport area's residential villages,
Mariner's Mile, West Newport Mesa, and West Newport (highway), as well as a comprehensive plan
for Balboa Peninsula that links its districts along Newport/Balboa Boulevard from Lido Village to
Balboa Village. Where the public streetscapes are integral to new residential and mixed -use
neighborhoods, their implementation shall be the responsibility of private developers, in conformance
with legislative nexus requirements. For other areas, funding may be derived from fees imposed by a
local business improvement district, capital improvement funds, and other sources.
Imp 20.2 Design, Fund, and Construct Waterfront Promenade
The planned waterfront promenade on Newport Harbor should be designed, sources of funding
identified, and constructed as feasible. Where private properties are redeveloped, promenade
improvements shall be integrated with the new construction and be the responsibility of the
developer.
Newport Beach General Plan
Implementation Program
Imp 20.3 Fund and Construct Public View Sites
The City shall develop a plan for the development of public view sites and amenities specified by
Policies NR 20.3 and 20.5. The location, types, and of improvements and a financing plan shall be
specified, which may include such elements as observation decks or plazas, benches, markers and
signage, telescopes, lighting, and landscape.
21. HARBOR RESOURCES PLANNING AND
MANAGEMENT
Overview
The City's Harbor Resources Division is responsible for tidelands administration including
management of pier and mooring permits, harbor dredging, pumpout stations, Balboa and Corona
Del Mar parking lots, Marine Life Refuge, Balboa Yacht Basin, harbor debris pickup, and mooring
liveaboards.
Programs
Imp 21.1 Review and Update Harbor and Tidelands Improvement Plans
The Harbor Resources Division shall review its goals and policies to assure that the plans, proposed
improvements, and operations for the Harbor and tidelands are consistent.
Imp 21.2 Develop Harbor Area Management Plan
Develop a harbor area management plan (HAMP) that provides a comprehensive approach to the
management of Newport Bay's resources, including restoration of marine habitats such as kelp beds
and fisheries, and boat anchorages, marinas, and other development activities. Improvements in the
Harbor shall be located and designed to facilitate boating and other coastal recreational activities,
while protecting important marine habitats, prevent water pollution, maintain the Harbor's hydrologic
functions, protect coastal landforms and dunes, minimize sand transport, and be compatible with
adjoining residential neighborhoods. This will require coordination with the Orange County Harbors,
Beaches, and Parks Department and Harbor Patrol Division and U.S. Army Corps of Engineers
relative to their respective jurisdictions.
Among the improvements that shall be considered is the identification of an area that can support
Harbor maintenance facilities and equipment. This shall be coordinated with the Orange County
Harbor Patrol Division, California Coastal Commission, and other jurisdictional agencies. In addition,
the Division shall review procedures for the transfer of mooring titles to assure their equitable use.
Imp 21.3 Events Management and Programs
The City shall continue to coordinate Harbor event planning in collaboration with the Harbor
Commission and Orange County Harbor Patrol. Special operating standards shall be established for
the Christmas Boat Parade and other activities that are seasonal, recurring, and unique to the Harbor,
Newport Beach General Plan
Implementation Program
but which may require special controls on access, parking, noise, and other factors to minimize
impacts on residential and other users.
The City shall review the need to require vendors to provide a safety program that educates boaters
and property owners on safe boating and berthing practices. The program could be integrated with
permit /lease enforcement to protect the public health and safety and the rights of other users and
owners /lessees.
The City shall continue to work with various community and business associations such as the Balboa
Village Merchants and Owners Association, Mariner's Mile Business Owners Association, and the
Newport Pier Association as well as the vessel owners /operators to provide for the parking needs of
the patrons of sportfishing boats, passengers and sightseeing vessels, and boat rentals.
Imp 21.4 Harbor Operations and Management
The City shall prepare and fund a joint City /County study that will evaluate the costs and efficiency of
current services provided by the City and County in Newport Harbor and opportunities to realign
these to reduce costs.
Public Service Facility Plans
Agencies responsible for the provision of public services for Newport Beach's residents and
businesses shall maintain plans and fund improvements to assure that they adequately meet existing
and projected future needs. The Public Facilities Plans shall specify the type, amount, cost, and
phasing of public improvements and facilities that will support existing land uses and growth
accommodated by the updated General Plan.
22. POLICE AND FIRE
Overview
The Newport Beach Police and Fire Departments provide public safety services to the City's
residents, business, and visitors. Until such time that Banning Ranch may be annexed, police and fire
services will be primarily provided by the Orange County Sheriff's Department and Orange County
Fire Authority respectively, although the City will continue to provide response services through
established mutual aid agreements.
Programs
Imp 22.1 Maintain and Enhance Police and Fire Facilities
The City of Newport Beach Police and Fire Departments shall maintain, periodically update, and
implement their plans for facilities, equipment, and personnel to provide service to the community.
On annexation of new areas, police and fire service responsibilities would be transferred to the City.
The Police and Fire Departments shall monitor their operations, emergency response times, and
number of incidents (rates of crime and fire calls) and periodically review the need to expand existing
Newport Beach General Plan
Implementation Proaram
and /or construct new facilities to assure an acceptable level of service. Physical improvements shall be
incorporated in the City's CIP.
23. PARKS AND RECREATION
Overview
The Newport Beach Recreation and Senior Services Department and General Services Department
are responsible for the development and operation of public parks in the City of Newport Beach.
These encompass parks, greenbelts, beaches, and community centers, as well as joint use of public
school grounds. In addition, the county and state own and operate four recreational facilities in the
City. The City collects fees and /or requires dedication of land for parks in accordance with the _Quimby
Act, based on the standard of five acres of park for each 1,000 residents. The City oversees the
development of new and improvement of existing parklands and facilities. The Recreation Element of
the General Plan identifies specific needs for service areas throughout the City. Banning Ranch is the
single largest property available for the development of a new park, should it be annexed to the City.
In most other cases, new parklands will occur within the fabric of existing development.
Programs
Imp 23.1 Maintain and Update Parks and Recreation Facility Plans
The City shall maintain, periodically update, and implement its plans for the development, operation,
programming, and maintenance of its system of parks throughout the City. Resident recreational
needs should be monitored on a continuing basis to correlate these with park facilities and
recreational programs.
Once each five years, the City should comprehensively review the status of its park system and assess
the need for improvements, including new or renovated facilities. These shall be prioritized and a
funding program defined for their implementation. Park users and the community shall be involved in
identifying and prioritizing the improvements.
Imp 23.2 Maintain and Improve Parks and Recreation Facilities
Through the CIP and development approval process, the City shall implement the park
improvements specified by the Recreation Element. Parks should be designed in consideration of
their adjoining land uses, particularly to prevent impacts on residential neighborhoods due to lighting,
noise, site access, and parking and minimize lighting impacts on any adjacent habitat areas. Facilities
shall be designed and properties landscaped to complement the quality of the neighborhood in which
they are located. Additionally, the City shall consider assisting Orange County with the management,
operation, and maintenance of Upper Newport Bay Ecological Reserve, including the Peter and Mary
Muth Center.
Imp 23.3 Assess Recreation Needs
Periodically, the City shall evaluate the recreation needs of Newport Beach's residents. Existing
programs should be reviewed and scored according to their adequacy and programs desired by
residents but not currently or inadequately provided should be identified. This may be accomplished
Newport Beach General Plan
Implementation Program
through surveys of park users, homeowner organizations, and other residents. Results of the survey
would be used defining future programs to be provided at local parks and beaches.
Imp 23.4 Maintain Recreation Programs for Newport Beach's Residents
Recreational programs will be provided to serve the needs of Newport Beach's residents as identified
by the needs assessment and prioritized by the Parks, Beaches, and Recreation Commission.
Periodically the City shall review and update as necessary its fees for recreation programs to assure
that they are adequate to cover ongoing costs. This may include a comparative assessment of the fees
imposed by other jurisdictions.
Imp 23.5 Requirements for Residential Developers
As new residential developments are approved, requirements for parkland dedication, improvements,
or the provision of in -lieu fees in accordance with the park dedication (Quimby) ordinance shall
continue to be implemented.
Public Services and Programs
Services to support the needs of the City of Newport Beach's residents, businesses, and visitors are
provided by a diversity of City departments, other public agencies, and private organizations. The
following summarizes the principal programs that implement the General Plan's policies. These do
not encompass all of the programs that are administered by each department or agency, which may
include other activities unrelated to the Plan's policies. Inherently, the scope of these programs will
change often during the General Plan's implementation due to evolving needs and available funding.
The list of programs in this section should be reviewed and updated regularly.
24. ECONOMIC DEVELOPMENT
Overview
The City of Newport Beach administers programs to promote economic activity within the City to
maintain a healthy economy, provide revenue for high quality municipal services and infrastructure
maintenance and improvements, and preserve the City's unique commercial villages. The City
Council's policy states that these will serve the overriding purpose of protecting the quality of life of
Newport Beach's residents, in recognition of the balance of economic development objectives with
the protection of the environment and health and safety of the community.
Priority improvement areas include Mariner's Mile, Corona del Mar, Balboa Village, West Coast
Highway, Lido Village, Cannery Village, and McFadden Square. To achieve these, Council policy
established the Economic Development Committee (EDC), which places a priority on cooperative
relationships with the Chambers of Commerce, Conference and Visitors Bureau, Building Industry
Association, Business Improvement Districts, other business groups, and individual business and
property owners.
Newport Beach General Plan
Imolementation Proaram
Programs
The economic development implementation actions below summarize the principal components of
the Economic Strategic Plan prepared as a companion piece to the General Plan. The reader should
refer to that document for more information.
Imp 24.1 Adopt and Implement Strategic Plan for Fiscal and Economic Sustainability
The Economic Development Committee should complete the Strategic Plan for Economic
Sustainability for City Council approval. This plan should outline the incentives to be provided and
other City actions to be undertaken to implement the goals and policies of the General Plan. This plan
should be dynamic and reviewed and updated annually as a part of the City budget.
25. HOUSING PROGRAMS
Overview
Newport Beach's Planning Department administers a number of policies and programs identified in
the Housing Element that promote the preservation, conservation, and improvement of housing
within the community; support the development of a variety of housing for all economic segments;
support the needs of special needs households and existing homeowners; preserve existing affordable
housing; and support equal housing opportunities for all residents.
Programs
Imp 25.1 Implement Housing Element Programs
As required by state law, the Housing Element includes a five -year action plan with programs for the
City to meet its goals for housing conservation, development, affordability, and access. The City shall
implement these programs and update its Housing Element as required by state law.
26. CODE ENFORCEMENT
Overview
The City of Newport Beach enforces Building and Zoning Ordinances to assure the protection and
preservation of public health and safety, residential neighborhood character, and the overall quality of
life for Newport Beach's residents.
Programs
Imp 26.1 Enforce Codes and Ordinances
Newport Beach shall continue to administer health and safety, zoning, and other codes and
ordinances that implement the General Plan While enforcement procedures normally occur on a
complaint basis, the City may consider the appropriateness of pro -active inspection of areas of the
Newport Beach General Plan M
Implementation Program
City in which there has been a high frequency of prior complaints. Among the purposes for which
this may be initiated by the City are the removal of illegal signs and control of retail commercial,
restaurant, entertainment, and comparable uses that directly abut residential neighborhoods.
27. PROPERTY MAINTENANCE AND ENHANCEMENT
Overview
While code enforcement is the primary tool used by the City to assure compliance of private property
owners with Newport Beach's codes and regulations, there are a number of other programs directed
at property maintenance and improvement.
Programs
Imp 27.1 Seismic Compliance
The City shall support and encourage the seismic retrofitting and strengthening of essential facilities,
especially facilities that have been constructed in areas subject to ground rupture, high levels of earth
shaking, and tsunami. The retrofitting of unreinforced masonry buildings during remodels to
minimize damage in the event of a seismic or geologic hazard shall continue to be required.
28. EMERGENCY PREPAREDNESS AND RESPONSE
Overview
The City of Newport Beach Police and Fire Departments maintain programs for emergency
preparedness, response, and recovery.
Programs
Imp 28.1 Maintain Hazards Data Base
The Police and Fire Departments shall maintain data bases regarding the type and occurrence of
criminal activities and natural hazards (e.g., tsunami inundation, wildfire hazards, flooding, seismic,
landslide, subsidence, and other) that may impact the City as the basis for the planning of facilities,
personnel assignments, and emergency response programs.
Imp 28.2 Maintain Emergency Preparedness, Response, and Recovery Programs
The Police and Fire Department shall maintain, and periodically update, and implement their plans for
emergency preparedness, response, and disaster recovery. This shall include cooperative and mutual
aid agreements with adjoining jurisdictions, the County of Orange, and state and federal agencies and
participation in disaster simulations.
WINewport Beach General Plan
Imolementation Proarom
29. COMMUNITY INVOLVEMENT
Overview
Newport Beach provides opportunities for its residents and businesses to be engaged in its culture
and life through education about community services, programs, and initiatives and participation in a
diversity of community events. Additionally, numerous opportunities are provided for public input
and advice in the City's decision - making processes through the diversity of appointed boards,
commissions, and committees. Among these are the Board of Library Trustees; City Arts
Commission; Civil Service Board; Parks, Beaches, and Recreation Commission; Planning
Commission; Harbor Commission; Aviation Committee; Economic Development Committee;
Coastal /Bay, Water Quality Citizens' Advisory Committee; Environmental Quality Affairs Citizen
Advisory Committee; Newport Coast Advisory Committee; and, constituted for the purposes of the
updated General Plan, the General Plan Advisory Committee. Additional committees may be formed
for limited or extended time periods to address specific issues. These boards, commissions, and
committees and City Council meetings provide opportunities for public input at any of their meetings,
in conformance with state law.
Programs
Imp 29.1 Educate the Community
The City shall continue to make information available to inform residents and businesses within the
City regarding its services, programs, and key community issues. Representative of the range of
information that may be presented include: land use zoning and development processes; development
fees; code compliance; property and building maintenance and improvement techniques; financial
assistance and affordable housing programs, public transportation; ride- sharing, energy conservation
methods, waste reduction and recycling programs; hazards and emergency /disaster preparedness,
evacuation, and response protocols and procedures; natural resources and their value; educational and
cultural events and venues; parks and recreation, health and safety, and seniors and youth programs;
and access to government services and elected officials. This information may be presented in flyers
and newsletters that are distributed to households in the City, on the City's Web Page, by cable
television broadcasts, in workshops with homeowners associations and business organizations; and
general community presentations and workshops.
Imp 29.2 Support of the Arts, Culture, and Historic Resources
The City shall continue to work with the Arts Commission and local community groups and
organizations to incorporate donated or privately funded arts elements and exhibits in public buildings
and facilities such as City Hall and the Central Library. The City shall also work with local groups
advocating for the preservation of historic sites and buildings. Procedures for the review of
modification and /or demolition of these resources shall be defined.
Imp 29.3 Support Community Environmental and Recreation Initiatives
The City shall support private groups' efforts to (a) acquire properties and their development for the
Orange Coast River Park including the potential acquisition of Newport Beach's westernmost parcel,
currently developed as a mobile home park, to be completely or partially te- developed as a staging
Newport Beach General Plan
Implementation Program
area for the park; and (b) acquire Banning Ranch as open space and the restoration of its wetlands and
habitats.
Financing
The financing strategy defines the sources and uses of funds for the public improvements and services
described in the Public Improvement Plans and Public Services Programs. In addition to those
defined herein, any development specific plan will incorporate a detailed financing plan as stipulated
by state law.
30. MUNICIPAL BUDGETING
Overview
The General Fund is the portion of Newport Beach's operating budget that funds the majority of City
services. This fund is used to account for fiscal resources which are dedicated to the general
government operations of the City. Examples of the services funded by the General Fund include
Police and Fire Services; Refuse Collection; Public Library; Recreation Programs; much of the City's
expenditures on street maintenance; Planning and Building, and Engineering services; as well as the
general administration of the City. In addition, many Capital Improvements are funded by the General
Fund.
The General Fund and its activities are primarily supported by property, sales, and transient
occupancy taxes. In addition, the other revenue sources supporting General Fund activities include:
Licenses, Fees and Permits; Intergovernmental Revenues; Charges for Services; Fines, Forfeitures and
Penalties; Revenue from the Use of Money and Property; Contributions; and Other Miscellaneous
Revenue. By far, the City's largest revenue source is property taxes. The second largest single revenue
source is Sales Tax, followed by Transient Occupancy Tax.
Programs
Imp 30.1 Maintain Annual Budgets for City Services and Improvements
The City shall annually budget for the provision of services to Newport Beach's residents and
businesses. This shall define their costs, sources of revenue, and estimates of revenues to be received
including any necessary changes in fees. As part of the budget, the City will adopt a Capital
Improvement Plan (CIP) that provides funds for capital facilities including arterial highways; local
streets; storm drains, bay and beach improvements; park and facility improvements; water and
wastewater system improvements; and planning programs.
Imp 30.2 Administer Impact and User Fees
a. Development Impact Fees
The City imposes fees on development projects to provide revenue for required supporting public
infrastructure and services, and mitigation of transportation, environmental and other impacts in
Newport Beach General Plan
Implementation Program
accordance with state nexus legislation. This includes fees imposed for transportation improvements
by the Fair Share Traffic Contribution Ordinance. For development projects that contain low and
moderate income housing, the planning fees may be waived at the discretion of the City Council and
Planning Commission. Development fees will be evaluated annually to ensure that they are sufficient
to support new infrastructure and that the fiscal balance of the developing land use mix can sustain
the City' ability to operate and maintain the existing infrastructure.
b. Park Dedication and In -Lieu Fees
The City requires dedication of land, payment of fees in -lieu thereof, or a combination of both for
park or recreational purposes in conjunction with the approval of residential projects. In -lieu fees are
placed in a fund earmarked for the provision or rehabilitation of park and recreation facilities that can
serve the subdivision. The City's park fees shall be reviewed periodically for their adequacy and
updated as necessary.
c. Tideland Revenue Fees
The City derives revenue from a diversity of activities conducted in the tidelands including moorings,
public marinas, piers, entertainment boat permits, property leaseholds, and other uses. The feasibility
of implementing longer term tideland leases with rental rates that reflect the nature and intensity of
the permitted uses and activities and security for funding enhanced or expanded facilities should be
studied. Tideland revenues shall be restricted for expenditures within the designated tidelands.
31 COMMUNITY FACILITIES AND SPECIAL ASSESSMENT
DISTRICTS
Overview
Assessment districts are established for the funding of streets, water, sewerage, storm drainage,
schools, parks, and other infrastructure and services required to support development. Costs are
distributed and fees assessed on all development in the district. When applied to developed properties,
a vote of the property owners is required for implementation.
Actions
Imp 31.1 Consider the Establishment of Community Facilities and Special Assessment
Districts
The establishment of new Community Facilities and Special Assessment Districts shall be considered
as necessary to support new development in the City. This would most likely be limited to areas in
which extensive redevelopment is projected and for large vacant parcels that may be developed.
Respectively, these may include development of residential villages in the Airport Area and West
Newport Mesa and a mixed -use community in Banning Ranch should it not be acquired as open
space. Additionally, the City may form and implement Lighting and Landscape Districts as a means to
improve community character and the undergrounding of utilities.
Newport Beach General Plan
Attachment No. PC 2
General Plan Annual Status Report
(Including Housing Element Report)
J
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL STATUS REPORT
(Including Housing Element Report)
2012 Calendar Year
Consistent with Government Code Section 65400, the General Plan Annual Status Report was prepared using guidelines
set forth by CPR and provides information for decision makers on the status of the General Plan and progress on
implementation during the 2012 calendar year. The updated Newport Beach General Plan was adopted in November
2006 pursuant to guidelines provided in Government Code Section 65040.2 and consistent with Section 65400(a)(2)(c).
Included in the General Plan is an Implementation Program which includes specific programs to carry out the goals and
policies of the General Plan. This report evaluates and provides the status of work on each program.
The Housing Element Report addresses specific requirements mandated by Government Code Section 65400(a)(2),
Government Code Sections 65584 and 65583, and can be found following the General Plan Implementation Programs.
A. GENERAL PLAN IMPLEMENTATION PROGRAMS
TASKS
STATUS
1.1
Ensure that Private Development and Capital
Ongoing
Improvements are Consistent
with the General
1. All private development projects require consistency with the General
Plan
Plan, otherwise discretionary review and approvals are required.
2. All Capital Improvement Projects are reviewed for General Plan
Consistency and in May 2012 staff presented CIP for fiscal year 2012-
2013 to the Planning Commission for review. The Planning Commission
determined the CIP as consistent and the CIP was included with the CIP
budget presentation to the City Council.
1.2
Update and Revise the General Plan to
Ongoing
Reflect Changing Conditions and
Visions
The General Plan was updated in 2006 and on an ongoing basis staff
reviews the General Plan to ensure it is maintained to reflect current
conditions, issues, and visions.
1.3
Prepare Annual General Plan Progress and
Pending
Housing Element
Implementation Reports
Annual Report received and filed by City Council and sent to OPR and HCD
in April 2012.
2.1
Amend the Zoning Code for Consistency with
Complete
the General Plan
Comprehensive Zoning Code Update, consistent with the General Plan, was
adopted by City Council in October 2010.
3.1
Preparation of New Specific Plans
Ongoing
Banning Ranch project was not proposed as a Specific Plan but rather the
property owner elected to do a Planned Community Development Plan
pursuant to Program 4.1 below. Within the Airport Area, Uptown Newport
and Koll Center also elected to do a Planned Community Development
pursuant to Program 4.1. There have been no activities initiated in West
Newport Mesa.
TASKS
STATUS
4.1
New "Planned Community" Development
Ongoing
Plans
1. Banning Ranch - On July 23, 2012, the City approved an application filed
by Newport Banning Ranch, LLC for a proposed planned community on a
401.1 gross -acre project site for development of 1,375 residential dwelling
units, a 75 -room resort inn and ancillary resort uses, 75,000 square feet of
commercial uses, approximately 51.4 gross acres of parklands, and
approximately 252.3 gross acres of permanent open space. The Planned
Community Development Plan was adopted August 14, 2012, and
provides zoning regulations for those portions of the property within the
City of Newport Beach and serves as pre- annexation zoning for those
portions under the jurisdiction of the County of Orange. The project also
requires the approval of a coastal development permit by the California
Coastal Commission. Newport Banning Ranch LLC submitted their
application to the California Coastal Commission in January 2013. The
review by Coastal Commission staff is expected to take a minimum of one
to three years.
2. Uptown Newport — With anticipated City Council approval in February
2013, the Uptown Newport Planned Community was created (formally a
part of the Koll Center Planned Community) to specifically serve as a
zoning document for the construction of up to 1,244 residential units,
11,500 square feet of retail commercial, and 2.05 acres of park space.
Residential development is a permitted use subject to site development
review. The Uptown Newport PC requires densities between 30 du /acre
and 50 du /acre, consistent with the densities of the General Plan, and
allows additional density opportunities with a density bonus.
3. Koll Center Newport — Applied for a Planned Community Development
Plan however, the application remains incomplete at this time.
TASKS
STATUS
5.1
Review and Revise Coastal Land Use Plan
Ongoing
for Consistency with the General
Plan
In 2007, the City prepared a comprehensive amendment of the Coastal
Land Use Plan (LC2007 -001) to make it consistent with the 2006
comprehensive update of the General Plan. The California Coastal
Commission approved the amendment on February 5, 2009, with several
suggested modifications. The City Council adopted the revised Coastal Land
Use Plan in July of 2009, while making several changes to the General Plan
to ensure internal consistency between the General Plan and Coastal Land
Use Plan certified by the Coastal Commission.
As an ongoing endeavor, the Coastal Land Use Plan is reviewed with any
proposed amendment of the General Plan and companion amendments are
processed to maintain consistency between the General Plan and the
Coastal Land Use Plan.
6.1
Review the Subdivision Ordinance for
Ongoing
Consistency with the General Plan
The Subdivision Code was updated in 2009 and 2010 to implement General
Plan Policy.
7.1
Review Building and Construction Code for
Ongoing
Consistency with General Plan
The Building Code is updated to be consistent with the California Building
Code and the General Plan. The Building Code was amended to include the
California Green Building Code, which implements General Plan Policy.
7.2
Revise Fair Share Traffic Contribution
Pending
Ordinance
The completion of updating the Fair Share Traffic fee has been put on hold
until direction is determined regarding various iterations proposed by the
General Plan /LCP Implementation Committee, project consultants and
interested parties such as the Building Industry Association of Orange
Count.
TASKS
STATUS
7.3
Review and Update Transportation Demand
Ongoing
Ordinance
The requirements of the Transportation Demand Management Ordinance
were reviewed and updated as a part of the comprehensive Zoning Code
Update in 2010. It is provided as Section 20.44 in the Zoning Code.
8.1
Review Codes and Ordinances for
Ongoing
Consistency with the General Plan and
Update Periodically (a. through d. are
Codes and Ordinances are revised for consistency with the General Plan on
specifically recommended)
an ongoing and as needed basis. The Zoning Code was comprehensively
updated in 2010, and Subdivision Code was updated for consistency with
the General Plan in 2009 and 2010.
a. Requirements for live - aboard vessels pertaining to the integrity, quality,
and safety of Harbor uses, environmental protection, and impacts on the
public, waterfront owners/lessees, and adjoining properties — Currently
under review by Harbor Resources.
b. Regulation and transfer of mooring permit applications and titles —
Managed by the Harbor Resources on an ongoing basis.
c. Standards for the design and siting of bulkheads, pier, and similar
structures to address their potential visual impacts — These designs are
reviewed during permit processing on an ongoing basis by Harbor
Resources.
d. Standards and policies specified by the Noise Element to protect sensitive
noise receptors, residents and businesses from unwanted noise impacts
from traffic, JWA operations, construction activities, truck deliveries, special
events, charter and entertainment boats, and similar sources — Reviewed
and implemented on ongoing basis through project review consistent with by
the Airport Land Use Environs Plan (AELUP), Code Enforcement, Harbor
Resources, and Building Inspectors.
TASKS
STATUS
8.2
Prepare New Codes, Ordinances, and
Ongoing
Guidelines (a. through d. are specifically
recommended)
The comprehensive Zoning Code update was adopted in November 2010 by
City Council.
a. A "commercial - residential' interface ordinance that regulates use, activity,
and design of commercial properties located on shallow parcels directly
abutting residential neighborhoods - The Zoning code update does not
include an ordinance but does regulate use and design of commercial and
residential properties addressing land conflicts.
b. Design guidelines for the renovation or reconstruction of housing in
existing neighborhoods to assure that they complement the character of
existing development; these may be applied to specific neighborhoods or
citywide — The Zoning Code provides new residential design standards to
promote neighborhood compatibility found in Section 20.48.180 Residential
Development Standards and Design Criteria
c. An ordinance or guide lines for the preservation of historic buildings and/or
properties; this shall be developed in consideration of guidelines published
by the State Historic Preservation Office — Staff continues to review projects
subject to CEQA to address historic preservation. An ordinance has not
been prepared at this time.
d. An ordinance managing parking in commercial and mixed -use corridors
and districts characterized by deficient parking; this may provide for the
establishment of parking districts in which new parking may be developed in
public or private shared facilities or structures or other facilities, as well as
procedures for the funding of these improvements - See Program 16.10 for
an update on Balboa Village parking.
9.1
Review City Council Policy Manual for
Ongoing
Consistency with the General Plan
Pursuant to Council Policy, the City Council Policy Manual is reviewed
annually and the last update was in September 2011. The next
comprehensive review and update is scheduled for 2013.
TASKS
STATUS
10.1
Maintain Up -to -Date Comprehensive
Ongoing
Database
(Data such as built land use and traffic
The City's Geographical Information System (GIS) data is updated regularly
should be updated on a continuing basis,
to provide up to date parcel - specific information including specific lot
while data that is stable, such as seismic
information (agreements), planning (zoning, land entitlements) building,
hazard zones, can be updated on a less
code enforcement, environmental layers, general information (contours,
frequent basis)
assessor, easement, etc.), general services, harbor, hazards including flood
and seismic, fire, police, public works, parking, street and utilities.
10.2
Maintain Development Tracking and
Ongoing
Monitoring Program
A partial parcel -by- parcel database of existing development has been
created for Newport Center and the Airport Area; however, a complete data
base with full integration with the City's GIS system has not been created
due to technological issues and inadequate staff resources. The Community
Development Department will evaluate and prioritize the creation of a data
base in 2013, resources permitting. The Community Development
Department does maintain a tracking database for General Plan
Amendments for compliance with the City Charter Section 423.
11.1
CEQA Review Development and Entitlement
Ongoing
Applications
All private and public development projects are reviewed for CEQA
compliance.
12.1
Evaluate Fiscal Benefits of Development
Ongoing
Proposals and Annexations
In 2012, Applied Development Economics prepared on behalf of the City a
fiscal impact analysis for the Banning Ranch project using the Fiscal Impact
Model prepared for the 2006 update of the General Plan. The model was
updated to reflect approval of the project.
TASKS
STATUS
12.2
Maintain and Update Fiscal Impact Model
Ongoing
The fiscal impact model calculates public services impacts for specific land
uses that support the residential population, the employment base and the
visitor population in the City. It also calculates the public revenues that each
type of land use typically generates for the City, including property taxes,
sales taxes and other taxes as well as a variety of user charges and fees.
The output from the Fiscal Impact Model can be modified to address these
circumstances for each individual project and the Fiscal Year the project is
proposed.
13.1
Process Development Agreements
Ongoing
The City continuously requires Development Agreements for new master
planned residential communities and large scale commercial and mixed -use
projects. The following projects required Development Agreements in 2012:
1. Uptown Newport — Anticipated approval in Spring 2013, the Uptown
Newport Planned Community is proposed to be created (formally a part
of the Koll Center Planned Community) to specifically serve as zoning
document for the construction of up to 1,244 residential units, 11,500
square feet of retail commercial, and 2.05 acres of park space.
Residential development is a permitted use subject to site development
review. The Uptown Newport PC requires densities between 30 du /acre
and 50 du /acre, consistent with the densities of the General Plan, and
allows additional density opportunities with a density bonus.
2. Banning Ranch - The draft Development Agreement was finalized and
on June 21, 2012, the Planning Commission voted to recommend that
the City Council approve the agreement. In July 2012, the City Council
introduced the ordinance approving the development agreement, and
considered the ordinance for final adoption in August 2012.
14.1
Adjoining Cities
Ongoing
(Boarders Committees to collaborate with the
cities of Irvine, Huntington Beach, and Costa
The City continuously collaborates with neighboring cities as projects /issues
Mesa)
warrant but there currently is not an established committee.
TASKS
STATUS
14.2
Coordinate with School Districts
Ongoing
Staff will work with School Districts on the identification and acquisition of
potential school sites and expansion or existing facilities. Should the need
arise; Public Works staff monitors traffic conditions at school locations. The
City provides school impact analysis as required by CEQA to ensure proper
mitigation of impacts is provided to the School Districts. The City works with
the School Districts on joint -use agreements for public recreational uses of
school properties on an as needed basis.
14.3
Coordinate with Orange County
Ongoing
The City of Newport Beach continues to work with the County of Orange on
various programs affecting land use and development, affordable housing,
transportation, infrastructure, resource conservation, environmental quality,
management of Newport Harbor and Upper Newport Bay; and John Wayne
Airport operations and improvement plans on an as needed basis.
14.4
Coordinate with Orange County
Ongoing
Transportation Authority (OCTA)
The Public Works Director is on the Technical Advisory Committee (TAC)
which meets monthly and consists of most Orange County Public Works
Directors to discuss and make recommendations to the OCTA and its board
on the allocation of funding.
14.5
State of California Department of Housing
Ongoing
and Community Development (HCD)
The 2008 -2014 Housing Element Update was adopted by City Council in
November 2011 and HCD provided documentation indicating full compliance
with the state housing element law. The 2011 General Plan Annual Progress
Report including the Housing Element Report was sent to HCD in April
2012.
10
TASKS
STATUS
14.6
Coordinate with California Coastal
Ongoing
Commission
In 2012, the Planning Division took the initial steps toward certification of the
Implementation Plan (IP) for the Local Coastal Program (LCP). Staff met
with Coastal Commission staff to develop a work program and to identify key
issues, including development on coastal bluffs and canyons; continuation of
the categorical exclusion, particularly as it relates to Buck Gully, Morning
Canyon, and Irvine Terrace; extending the categorical exclusion to Corona
del Mar commercial area south of Coast Highway and to multi - family zones;
exceptions to the Shoreline Height Limit (i.e., Marina Park, Former City Hall
Site, Balboa Village, etc.); and the administration of pre - certification Coastal
Development Permits.
14.7
Coordinate with the California Resources
Ongoing
Agency, Department of Fish and
Game (Changed name to California
1. The Harbor Resources Department continued to work with the California
Department of Fish and Wildlife)
Department of Fish and Wildlife on eelgrass restoration projects in the
Upper Bay through Coast Keeper (Non- governmental agency) and
Michelle Clemente (City Marine Protection and Education Supervisor).
2. The Harbor Resources Department continued to work with California
Department Fish and Wildlife on an ecosystem based eelgrass
management program in developing a "Newport Specific Eelgrass
Plan." A draft final version of this plan has been developed and
implementation is anticipated in 2013 -14.
3. In July 2012, the City approved the Newport Banning Ranch project.
The approval included a Habitat Restoration Plan (HRP) for the
preservation and long -term maintenance of existing sensitive habitat
and habitat created and restored by the project. The HRP will be subject
to the approval and monitoring by the City, U.S. Army Corps of
Engineers, U.S. Fish and Wildlife Service, and California Department of
Fish and Wildlife.
11
TASKS
STATUS
14.8
Coordinate with the California Department of
Ongoing
Parks and Recreation (changed their name to
California State Parks)
The City's Marine Protection and Education Supervisor coordinates with the
California Department of Fish and Wildlife, California Department of Parks
and Recreation, the County, an non - governmental organizations (NGOs) to
protect through implementation of state and local legislation and provide
education at Big Corona Del Mar and Little Corona Del Mar State Beach,
Crystal Cove, and Upper Newport Bay. Coordination highlights from 2012
include the following:
1. Implemented Marine Life Protection Act for South Coast on January 1,
2012, including new signage and an informational brochure on our
website and distributed to the public.
2. Mobile interpretive vehicle was purchased for the Traveling Tide Pool
Program anticipated to start in the summer of 2013.
3. Marine Protection Program continued to work with the Public Works
Department on issues regarding water quality in ASBS through
education outreach
4. City of Newport Beach Marine Protection Program works with U.S. Fish
and Wildlife, California Department of Fish and Wildlife, and California
State Parks in the Western Snowy Plover Recovery Program.
14.9
Coordinate with the California Department of
Ongoing
Transportation (Caltrans)
Public Works staff continually coordinates with Caltrans on an as needed
basis. After receiving direction from the City Council on February 14, 2012,
staff began working with Caltrans to take ownership of the portion of SR 55
consisting of Newport Boulevard from Finley Avenue to the Newport
Channel Bridge. Execution of a Relinquishment Agreement is anticipated in
February 2013 as well as the final step of California Transportation
Commission adopting and recording a Resolution of Relinquishment.
The city reviewed the offer of relinquishment for a portion of Coast Highway
from Caltrans and chose not to accept it at this time.
12
TASKS
STATUS ism
14.10
Transportation Corridor Agencies (TCA)
Ongoing
City staff continually works with the transportation corridor agencies (TCA)
regarding the San Joaquin Hills (SR -7) Toll Road and continuously
implements TCA's Major Thoroughfare and Bridge Fee Program through the
Municipal Code.
14.11
California Public Utilities Commission (CPUC)
Ongoing
The City works with the California Public Utilities Commission to explore
funding for the undergrounding of utilities. To date, the City has adopted
several underground utility districts, including assessment districts to provide
funding for undergrounding projects. Most of the funding for undergrounding
in the City has come from assessment districts using CPUC Rule 20B. The
City receives funding allocation from Southern California Edison (SCE) for
Rule 20A undergrounding projects.
13
TASKS
STATUS
14.12
Coordinate with United States Army Corps of
Ongoing
Engineers (Corps)
1. Harbor Resources staff has been coordinating with the Corps on an
ecosystem based eelgrass management program in developing a
"Newport Specific Eelgrass Plan." A draft final version of this plan is
ready and implementation is anticipated in 2013 -14.
2. In July 2012, the City approved the Newport Banning Ranch project.
The approval included a Habitat Restoration Plan (HRP) for the
preservation and long -term maintenance of existing sensitive habitat
and habitat created and restored by the project. The HRP will be subject
to the approval and monitoring by the City, U.S. Army Corps of
Engineers, U.S. Fish and Wildlife Service, and California Department of
Fish and Wildlife.
3. Harbor Resources staff worked with the Corp to dredge approximately
350,000 cubic yards of sediment in the harbor's critical areas. About
two- thirds of the sediment was suitable (clean) for ocean disposal at the
off -shore site "LA -3", with the remaining material disposed at the Port of
Long Beach ( "POLB "). This part of the project, Phase I, commenced
May 1, 2012, and was completed in September 2012. In July 2012, the
City Council and the County Board of Supervisors approved additional
funding for Phase 11 which will dredge an additional 210,000 cubic yards
of sediment. When Phase II is complete, nearly all of the shallow areas
in the harbor will be dredged to its authorized depths. As of September
30, 2012, approximately 390,000 cubic yards of material was removed
from the Lower Bay, and the POLB took delivery of all materials by
October 9, 2012. Anticipated completion of the project is January 2013.
14.13
Coordinate with United States Fish and
Ongoing
Wildlife Service
In July 2012, the City approved the Newport Banning Ranch project. The
approval included a Habitat Restoration Plan (HRP) for the preservation and
long -term maintenance of existing sensitive habitat and habitat created and
restored by the project. The HRP will be subject to the approval and
monitoring by the City, U.S. Army Corps of Engineers, U.S. Fish and Wildlife
Service, and California Department of Fish and Wildlife.
14
TASKS
STATUS
14.14
Coordinate with Environmental Protection
Ongoing
Agency (EPA)
The City coordinates with the U.S. EPA in collaboration with other resource
agencies in the protection of terrestrial and marine resources and sediment
disposal sites for future dredging projects on an as needed basis when
projects are within the U.S. EPA jurisdiction.
14.15
Coordinate with United States Postal Service
Ongoing
(USPS) - relocation of Mariners Mile
distribution facility
The distribution facility remains open at this time. The City is prepared to
assist in the relocation to facilitate the site for other uses at the request of
the USPS.
14.16
Other Agencies
Ongoing
The City continuously works with the following agencies that are involved in
the development of capital improvement, and conservation programs:
• Energy and telecommunications service providers such as Southern
California Edison and Gas Company
• Santa Ana Regional Water Quality Control Board
• Metropolitan Water District
• South Coast Air Quality Management District
• Southern California Association of Governments (SCAG)
• California State Parks
• National Marine Fisheries Service
15.1
Encourage Annexation of Banning Ranch
Ongoing
Prior to Development
In July 2012, the City approved the Newport Banning Ranch project. The
approval included pre- zoning of the property as a prelude to annexation.
The application to the Local Agency Formation Commission (LAFCO) will be
submitted following action on the project by the California Coastal
Commission and any subsequent action by the City.
15
TASKS
STATUS
16.1
Improve Arterial Streets and Highways
Ongoing
According to Classification
To provide the ultimate cross sections for each type of roadway
classification designated by the General Plan the following project was
completed in 2012:
1. Jamboree Road from Bayview Way to MacArthur Boulevard — bridge
widened to add capacity
16.2
Monitor Traffic Conditions and Plan for and
Ongoing
Fund Improvements
1. Traffic Signal Modernization Program (see program 16.4 below)
2. Installation of CCTV Cameras and Traffic Management Center in the
Public Works Department which includes surveillance cameras and
televisions to monitor and change the traffic signal system depending on
traffic conditions.
16.3
Construct Street and Highway Improvements.
Ongoing
To construct improvements to street intersections to attain acceptable
Levels of Service the following project was close to completion by the end of
2012:
Jamboree Road from Bristol North to Fairchild Road — road widened to add
capacity improving Level of Service from an F to a D. Anticipated completion
is early 2013.
ic
TASKS
STATUS
16.4
Monitor Roadway Conditions and Operational
Ongoing
Systems
City -wide traffic signal synchronization is part of the ongoing Traffic Signal
Modernization Project. The project consists of eight project phases
planned to modernize traffic signal equipment and synchronize 120 traffic
signals the City operates.
1. Phases 1 -5 and 7 have been completed.
2. Phase 6 design began December 2012 with project completion planned
for winter 2014.
3. Through an OCTA grant and City of Irvine partnership, Phase 8
intersections along the Ford Road and University Drive corridors will be
synchronized. Design on these intersections is planned to being winter
of 2013.
16.5
Maintain Consistency with Regional
Ongoing
Jurisdictions( Caltrans, Orange County to
provide adequate roadway infrastructure
The City monitors the regional Arterial Program, OCTA's Master Plan, and
plans and design standards such as Orange
the County -wide traffic model to ensure consistency. Public works staff
County Master Plan of Arterial Highways)
coordinates with regional jurisdictions on an as needed basis.
16.6
Local /Neighborhood Access Roads
Ongoing
Public Works staff works with local neighborhood groups on an as needed
basis when traffic issues arise. The City maintains standards that ensure
safe and efficient access for emergency vehicles.
17
TASKS
STATUS
16.7
Traffic Control
Ongoing
The following projects were implemented to improve traffic congestion
through conventional and innovative methods of traffic control:
1. Staff continuously took inventory of traffic signs and curb markings city-
wide including the review of the retroreflectivity of existing signs which
means the reflective quality of street signs that is visible to a motorist at
night;
2. Annual Traffic Signal Rehabilitation Project: Replaced aging traffic
signal equipment at the Coast Highway /Jamboree Road, Jamboree
Road /Eastbluff Drive -Ford Road, and Superior Avenue /Placentia Drive
Intersections;
3. Installed traffic signals at the Newport Center Drive /Anacapa Drive and
Newport Center Drive /Center Drive intersections;
4. Added a third eastbound left -turn lane and modified the traffic signal at
the MacArthur Boulevard /San Joaquin Hills Road intersection.
16.8
Provide Public Transportation
Ongoing
The City continuously looks for opportunities to support the upgrade and
enhancement of existing facilities as well as encourages the development of
additional public transportation services and facilities however, no new
projects were proposed during 2012. The City provides a shuttle bus
services for the Oasis Senior Center clients on an as needed basis. The City
also continuously works with the Orange County Transportation Authority for
countywide bus services.
16.9
Manage Truck Operations
Ongoing
Trucks are required to obtain a Haul Route Permit through the Public works
Department and are required to use designated haul routes.
TASKS
STATUS
16.10
Improve Parking Supply and Management
Ongoing
Parking availability can be challenging especially during the summer months
when many thousands of people visit coastal areas. West Newport, Balboa
Peninsula, Mariners Mile, and Corona Del Mar experience high parking
demand affecting the peaceful enjoyment of neighborhoods by residents
and visitors. Parking conflicts also hold back commercial and economic
activities. In 2011, the City prioritized the revitalization of Balboa Village and
better parking management was considered a high priority before increasing
the supply due to cost. In 2012, the City Council approved the Balboa
Village Master Plan that identified several parking management strategies
including the creation of a parking management district with a district -wide
parking solution rather than individual parking standards. Other strategies
include the study of demand based pricing, possible creation of an
employee parking program, and an overnight resident parking program. The
City Council also created the Balboa Village Advisory Committee to guide
the implementation of these potential changes in the future. Successful
strategies may be translated to fit other geographic areas to address their
own specific parking issues.
19
TASKS
STATUS
16.11
Maintain Trails
Ongoing
The City maintains existing bike paths and trails that are within the City's
jurisdiction. The City worked with the Irvine Ranch Conservancy to complete
multi -use trail that spans over 2.5 miles in Buck Gully.
The Citizens Bicycle Safety Committee was established in August 2010 to
promote bicycle safety and responsible cycling within the City through public
outreach, bicycle facility improvements, and review of City policies and
practices related to bicycles. 2012 included the following:
1. Successfully applied for OCTA Bicycle Corridor Improvement Program
grant funding to install bicycle lanes on Jamboree Road, Eastbluff Drive -
Ford Road, San Joaquin Hills Road, and Spyglass Hill Road. Design to
begin Winter 2013;
2. Improved Bike Lanes on Coast Highway from MacArthur Boulevard to
Newport Center Drive
3. Created alternate Bike Routes through Corona del Mar;
4. Installed Bike Lanes on Newport Center Drive, Santa Barbara Drive,
Santa Cruz Drive and San Miguel Drive in Newport Center;
5. Installed Sharrows on Coast Highway in Corona del Mar, including
extensive Sharrow education and outreach;
6. Created and Deployed "Bikes Belong" campaign;
7. Improved Bike Lane at the Jamboree Road /Coast Highway intersection;
8. Hosted the Newport Beach Memorial Ride;
9. Created the Bicycle Safety Improvement Fund;
10. Opened communication with Caltrans to improve bicycle facilities within
state right of way.
20
TASKS
STATUS
16.12
Marine Transportation
Ongoing
A study provided an evaluation of water taxi and found it would require a
subsidy and being without a funding source the effort was put on -hold.
17.1
Maintain and Implement Urban Water
Ongoing
Management Plans and Encourage
Conservation
The Urban Water Management Plan (UWMP) has been prepared, submitted
and accepted by the Department of Water Resources (DWR) This document
prepared every five years (latest 2010) detailing; 1. Factors Affecting Demand;
2. Water Use by Customer Type; 3. Compliance with S87x7 and; 4.
Contingency Plans and Future water Projections.
The City continues to monitor water use per capita while maintaining water
reliability and providing the highest water quality. Water conservation and use
efficiency will continue to play a vital role in reliability and supply cost reduction
and treatment. Since 2007 staff has continuously improved upon public
awareness securing grant monies, offering rebate incentives for installing high
efficiency devices inside and outside the home and consistent messaging. The
City itself has become more efficient through establishing a City -wide water
budget for all its road medians, common areas, city parks and public spaces.
Various home owner associations have become aware and realize the
economic and environmental benefits to efficient water use. Since 2008 the City
has reduced its consumption by over three thousand (3000) acre feet. For a
description of the many water supply and use efficiency programs and projects
please see the 2012 -2013 Project and Marketing Report at
www.watersmartnewcort.orc There are many factors that drive water demand —
e.g. Hydrological, economic, environmental, political and tourism.
Understanding this water balance and the uncertainty of imported water makes
the Contingency Plans and Future Water Projections as mentioned in the
UWMP a key part of water supply. A portion of that plan is the non - binding, the
January 20, 2010 City signed Letter of Intent for 7.1 MGD (8,000 AFY) of
Project supplies from Poseidon desalination water supply.
18.1
Maintain and Implement Sewer Master Plan
Ongoing
The Public Works Department continues to implement the adopted Sewer
Master Plan with projects throughout the City.
21
TASKS
STATUS
19.1
Maintain Storm Drainage Facilities
Ongoing
1. Two new CDS units were installed by Public Works Department at
the City Corporation Yard and Old Newport Blvd.
2. Thirteen new tide gate /flex valve retrofits were installed on Balboa
Island and Newport Peninsula. Balboa Island -Pearl Avenue at
North Bay Front, Garnet Avenue at North Bay Front, Emerald
Avenue at North Bay Front, Park Avenue at South Bay Front,
Emerald Avenue at South Bay Front, Pearl Avenue at South Bay
Front, Opal Avenue at South Bay Front, Topaz Avenue at South Be
Front Newport Peninsula - 42 "d Street at River Avenue, 33rd & 34
Street at Marcus Avenue, 36"' Street at Clubhouse Avenue, 19'"
Street at West Bay Avenue.
3. Aggressive street sweeping program - Every street in the City is
swept once per week by City contractor Athens Services, which
helps reduce the amount of debris that enters into our waterways.
4. The City's 86 tidal valves are operated /maintained on a regular
basis, and repairs are made when moving parts break or fail.
5. Per our NPDES Permit, 3,240 catch basins are inspected and
cleaned once a year. Storm Drain placards /curb makers are also
inspected and new ones re- installed on a need basis. "No Dumping
Drains To Bay" or "No Dumping Drains To Ocean'.
6. 435 Inlet Guards are re- installed after the winter season to assist in
keeping trash /debris from entering the storm drain
system /bay /ocean. MOD removes them prior to the winter season's
first rain event to minimize potential flooding issues within the City.
7. 17,090' feet of open v- ditches and storm drain structures are
ins eded /cleaned each year.
22
TASKS
STATUS
20.1
Design, Fund, and Construct Streetscape
Ongoing
Improvements
Lido Village:
• In July 2010, the City Council designated an ad hoc committee to
participate in a conceptual planning process focusing on Lido Village. As
a result of that effort, on January 25, 2011, the City Council approved a
concept plan (Alternative 513) that encompassed several design
objectives for the area including pedestrian - friendly street improvements
for Newport Boulevard, Via Lido, Central Avenue, Via Oporto, Via
Malaga, and 32nd Street.
• On January 10, 2012, after extensive public participation, the City
Council City adopted the Lido Village Design Guidelines that provides
conceptual designs for improved streetscapes.
• The future design and funding for enhanced streetscapes will follow an
ongoing planning effort for the future re -use of the existing City Hall
property.
Balboa Village:
• The City Council Ad Hoc Neighborhood Revitalization Committee (NRC)
prioritized the preparation of a refreshed 'Vision Plan" for Balboa Village
for the preparation of an Economic Vision and Revitalization Strategy
that addresses market opportunities and constraints, infrastructure
opportunities, and previous economic development efforts.
• The Balboa Village Citizens Advisory Panel (CAP) conducted numerous
public meetings guiding the preparation of an implementation plan for
Balboa Village. Improved streetscapes, enhanced maintenance, and a
potential commercial rehabilitation program were several strategies. In
September of 2012, the City Council approved the Balboa Village
Master Plan that included these program strategies
• The future design, funding and implementation is an ongoing effort in
2013, guided by the Balboa Village Advisory Committee.
23
TASKS
STATUS
20.1
Design, Fund, and Construct Streetscape
Ongoing
Improvements (continued from previous
page)
Corona Del Mar Entry:
• The City Council Ad Hoc Neighborhood Revitalization Committee (NRC)
prioritized the preparation of the Preliminary Design of a Capital
Improvement Project for beautification of the south side of East Coast
Highway from Avocado Avenue to Dahlia Avenue for Fiscal Year 2011-
2012.
• The NRC established the Corona del Mar Entry Citizen Advisory Panel
(CAP) to guide the effort. Ultimately a conceptual street improvement
plan was created and recommended for approval. The plan included the
widening the sidewalk along the south side of Coast Highway, providing
enhanced paving and landscaping, removing several street parking
spaces, and moving the southbound lane drop further to the west
between Avocado and MacArthur.
• The NRC recommended approval of the plan, and the City Council
approved the concept plan in early 2012. Public Works was directed to
prepare additional analysis of the changes to parking and the lane drop.
• After a successful test of the reconfigured lane drop conducted in 2012,
the project was downsized and is being further evaluated.
• The future design, funding and implementation is an ongoing effort in
2013.
West Newport Revitalization:
• The City Council Ad Hoc Neighborhood Revitalization Committee (NRC)
prioritized the preparation of a preliminary design of a Capital
Improvement Project for beautification of West Coast Highway from the
Santa Ana River to the Arches Bridge and of Balboa Boulevard from
West Coast Highway to McFadden Square.
• The NRC established the West Newport Citizen Advisory Panel (CAP)
to guide the effort. The CAP identified keystones to the project that
included the alteration of existing medians, incorporation of sustainable
elements, and the addition of lush plantings to soften the look and
improve the aesthetics of the area. They also expanded the area of
focus to include Superior Avenue north of Coast Highway.
• The CAP forwarded a concept layout which included landscaping with
varying heights (groundcover, shrubs and canopy trees), while
minimizing hardscape.
• The conceptual plans were ultimately reviewed by the NRC and
approved by the full City Council in early 2012.
• The future design, funding and implementation is an ongoing effort in
2013.
24
20.2
Design, Fund, and
On -hold
Construct Waterfront
Promenade
A plan was created in 2005 for a walkway from Mariners Mile to Lido Village along Newport Harbor.
However, the plan is on hold due to lack of funding.
20.3
Fund and Construct
Ongoing
Public View Sites
Sunset View Park is in the development plan phase and is anticipated to be finished in 2013. The
park will include a half acre of landscaped area above Hoag Hospital providing a public view site.
21.1
Review and Update
Ongoing
Harbor and Tidelands
Improvement Plans
In November 2012, the City Council approved the Tidelands Capital Plan which is a comprehensive
and flexible plan of all of the goals for the harbor and tidelands. Implementation of the plan will
involve review on an as needed basis.
21.2
Develop Harbor Area
Complete
Management Plan
HAMP
In November 2010 the City Council approved the HAMP.
21.3
Events Management
Ongoing
and Programs
Chamber of Commerce, Harbor Resources, Orange County Harbor Patrol continuously work together
to plan and implement special events that take place in the Harbor such as the annual Christmas
Boat Parade.
21.4
Harbor Operations and
Ongoing
Management
A joint City /County study that evaluates the costs and efficiency of current services provided by the
City and County in Newport Harbor and opportunities to realign these to reduce costs has not been
conducted to date and may be prioritized in the future based on needs and funding.
22.1
Maintain and Enhance
Ongoing
Police and Fire
Facilities
Newport Beach Police and Fire Departments annually maintain and periodically update facilities and
personnel to provide a high -level of service. This process is implemented through the City's budget
process. Additionally, response times are monitored and changes are proposed though the budget
process. The 2012 -2013 Capital Improvement Program (CIP) prioritized the renovation of the
Lifeguard Headquarters and the project moved into the planning phases in 2012.
25
23.1
Maintain and Update
Parks and Recreation
Facility Plans
Ongoing
The Recreation and Senior Services Department reviews the status of the park system on an ongoing
basis and improvements are recommended in the City's annual CIP program.
23.2
Maintain and Improve
Ongoing
Parks and Recreation
Facilities
In 2012, the following accomplishments were achieved:
1. Ongoing maintenance of existing facilities.
2. City staff worked with the Irvine Ranch Conservancy to complete multi -use trail that spans over
2.5 miles in Buck Gully.
3. Sunset Ridge Park — In 2012, the Coastal Commission approved the revised plan. Coastal
Development Permit anticipated in 2013 as well as construction. This park is on east side of
Superior Avenue and includes baseball /soccer fields, playground structure, restrooms, trails and
viewpoint. The overall site is 13.7 acres and includes several acres of preserved habitat.
4. Marina Park - Coastal Commission has approved the application with a revision to the height of
the tower scheduled for Coastal Commission in February 2013. Construction is anticipated for
2013.
23.3
Assess Recreation
Ongoing
Needs
The Recreation and Senior Services Department continuously analyzes enrollment numbers in
existing recreation programs and periodically initiate community surveys to assess the current needs
of the community.
M.
23.4
Maintain Recreation
Ongoing
Programs for Newport
Beach's Residents
The Recreation and Senior Services Department provides recreation programs City -wide. The
Newport Navigator is a recreation guide for all recreation programs and services provided by the City.
The Newport Navigator is provided quarterly in addition to a summer issue. The Parks, Beaches, and
Recreation Commission acts as an advisory capacity to City Council for all matters pertaining to
parks, beaches, recreation, parkways and street trees. The following are highlights from 2012
Commission items:
1. Reconfiguration of two Bull Pens to Batting Cages at Bob Henry Park — approved.
2. Beach Fire Rings discussion of issues & solutions — forwarded recommendation for removal to
City Council for approval.
3. Newport Mesa Soccer Club request for temporary lights at Bonita Canyon Sports Park —
approved.
23.5
Requirements for
Ongoing
Residential
Developers
Park fees are assessed for all new residential subdivisions pursuant to the Subdivision Map Act and
the City's Subdivision Code.
24.1
Adopt and Implement
Ongoing
Strategic Plan for
Fiscal and Economic
In June 2009, the City Council updated its Strategic Plan for Fiscal and Economic Stability. The
Sustainability
Strategic Plan is designed to serve as a work program for the City Council, City staff, and the EDC to
promote and sustain fiscal and economic vitality in Newport Beach. It is intended, in part, as a
companion document for the General Plan (adopted in 2006), to assist the City in implementing
portions of the General Plan that affect economic development in the City. The Strategic Plan
includes goals and objectives to enhance the business climate in the community and focuses on a
shorter time frame (three to five years) than does the General Plan, since economic conditions and
priorities can change more rapidly than do planning goals related to community character and land
use patterns. The Strategic Plan calls for regular reviews of progress and re- assessments of
priorities.
27
25.1
Implement Housing
Ongoing
Element Programs
The City continuously implements Housing Element Programs though the review of proposed
residential projects. Additionally, in July 2012, City Council approved Newport Place (PC -11) Planned
Community Amendment to allow affordable residential projects that met certain criteria pursuant to
Housing Element Program 3.2.2. All other programs are reviewed in attached Housing Element
Progress Report which is provided as a part of the Annual General Plan Status Report.
26.1
Enforce Codes and
Ongoing
Ordinances
The City continuously enforces all Municipal Code Sections including but not limited to health and
safety, and zoning to implement the General Plan primarily on a complaint- driven basis. The City
successfully instituted a proactive enforcement program in Balboa Village to address property
maintenance issues and landscaping.
27.1
Seismic Compliance
Ongoing
The City continuously implements Municipal Code and the California Building Code through the
Building Division which requires seismic retrofitting and strengthening to minimize damage in the
event of a seismic of geologic hazard.
28.1
Maintain Hazards Data
Ongoing
Base
The Police Department maintains a crime statistics database to keep track of the type and occurrence
of criminal activities. The Fire Department relies on the Disaster Preparedness Division under the
City's Emergency Management Program (see Program 28.2 and 29.1 below) for the planning of
facilities, personnel assignments, and emergency response programs as related to natural hazards.
Additionally, the City maintains hazard information in its Geographic Information System (GIS).
m
28.2
Maintain Emergency
Ongoing
Preparedness,
Response, and
The City's Emergency Preparedness Committee (EPC) which is comprised of representatives from
Recovery Programs
each department met monthly. The EPC works collaboratively to plan, train and address all city
emergency management threats.
In June, the annual 800 MHz radio drill was performed. The radio drill included employees from
police, fire, public works, community development, and municipal operations. The primary objective
of the drill was to practice emergency operations during the failure of the county's 800 MHz's system.
The city has conducted this drill for the past four years.
On October 18 of 2012, the City -wide Emergency Operations Center (EOC) drill was held. The
scenario of the drill was an active shooter at the Fashion Island mall. The drill included
representatives from all departments as well all numerous outside agencies and businesses.
29.1
Educate the
Ongoing
Community
1. The City continuously educates the community through its various City Departments on services,
programs and key issues including land use zoning and development processes; development
fees; code compliance; property and building maintenance and improvement techniques; financial
assistance and affordable housing programs, public transportation; ride - sharing, energy
conservation methods, waste reduction and recycling programs; hazards and emergency /disaster
preparedness, evacuation, and response protocols and procedures; natural resources and their
value; educational and cultural events and venues; parks and recreation, health and safety, and
seniors and youth programs; and access to government services and elected officials.
2. The City's webpage was revamped to include easily accessible, up -to -date information on all of
the aforementioned services, programs, key issues and current projects. The new web page
includes a "Newsplash" tool. This tool gives the community the ability to sign -up to receive
automated emails regarding news or updated information related to certain topics including all of
the aforementioned.
3. The Disaster Preparedness Division implements several community outreach programs as they
relate to emergency and disaster preparedness including AlertOC, which is a mass notification
calling system for staff, residents, and businesses, The Community Emergency Response Team
(CERT) program to certify residents as Disaster Service Workers, School Emergency Response
Team (SERT) training sessions in public schools and private schools, and Business Emergency
Response Team training sessions
29
29.2
Support of the Arts,
Ongoing
Culture, and Historic
Resources
The City Arts Commission acts in an advisory capacity to the City Council in all matters pertaining to
artistic, aesthetic and cultural aspects of the City. The City Arts Commission also recommends to the
City Council the adoption of such ordinances, rules and regulations as it may deem necessary for the
administration and preservation of fine arts, performing arts, historical, aesthetic and cultural aspects
of the community. The following is an update on implementation in 2012:
1. Concerts in the Parks — the 2012 series marked its twelfth year with performances by The
Bracken Band on July 22 at Bob Henry Park and The U.K. Beat at Bonita Canyon Sports Park on
August 5. Both concerts brought full - capacity crowds.
2. Shakespeare in the Park — the 2012 series marked its eleventh year with the presentation of
"Romeo and Juliet" on July 7 and "Two Gentlemen of Verona' on July 8. The estimated
attendance over the two day period was 3,500 -4,000 people.
3. Cultural Arts budget — the City Council approved an additional $5,000 per year to fund two
museum tours per year.
4. Civic Center— discussion and consideration of public art for display in the park and buildings.
5. Continuously reviewed review artist's applications for possible future art exhibitions at Central
Library and City Hall.
29.3
Support Community
Ongoing
Environmental and
Recreation Initiatives
The City supports any private groups' efforts to acquire property to improve access to the anticipated
development of the Orange Coast River Park. The City has also supported the Banning Ranch
Conservancy's efforts to acquire the Banning Ranch property to preserve it as open space; however,
no agreement to acquire the site was forthcoming. In July 2012, the City approved the Newport
Banning Ranch Planned Community Development Plan for development of the 401 acre site with
1,375 residential dwelling units, a 75 -room resort inn and ancillary resort uses, 75,000 square feet of
commercial uses. Approximately 51.4 gross acres of the site will be devoted to parklands and
approximately 252.3 gross acres (63 %) will be devoted to permanent open space. The project will
require the approval of a coastal development permit by the California Coastal Commission. Newport
Banning Ranch LLC submitted their application to the California Coastal Commission in January
2013, and the review by Coastal Commission and their staff is expected to take between one to three
ears.
30
30.1
Maintain Annual
Budgets for City
Services and
Improvements
Ongoing
Annual budgets are maintained and reviewed by City Council annually. A Capital Improvement Plan
(CIP) is included in the annual budget approved by City Council each year. In June 2012 the City
Council approved the budget and CIP.
30.2
Administer Impact and
Ongoing
User Fees (a.
Development Impact
1. Development impact fees including fair share traffic fees are assessed for each development
Fees, b. Park
project. The completion of updating the Fair Share Traffic fee has been put on hold (see Program
Dedication Fees, and
7.2).
in -lieu fees, and c.
Tideland Revenue
2. Park dedication fees and housing in -lieu fees are assessed on a project by project basis pursuant
Fees)
to the Subdivision Code. The Park dedication fee which was updated in 2007, is required to keep
current with property appreciation, and said fair market value per acre shall be reviewed and
adjusted, if necessary, at least every three (3) years.
3. Fees for related to mooring of vessels and commercial docks were reviewed and updated in 2011
and 2012.
31.1
Consider the
Ongoing
Establishment of
Community Facilities
The needs assessment for the reuse of the City's Corporation Yard (located at 592 Superior Avenue)
and Special
and the Utility Yard (located at 949 W. 16th Street) was completed in February 2012. Staff continues
Assessment
to review that report and is making plans to implement some of the recommendations. Staff also
Districts
continues to review the conceptual plan for the relocation of the City's Police Department and the
development of a consolidated West Newport Community Center. Further advancement of these
concepts will rely on City Council direction regarding the disposition of the City's refuge program. In
addition, we continue to explore potential alternative locations for the replacement of Fire Station No.
2 (located adjacent to City Hall) to allow for a more efficient reuse of the current City Hall complex.
Based upon the required lead times and permit processing for the future lifeguard facilities
replacements, staff is moving forward with an interim plan to remodel the existing Lifeguard
Headquarters at the Newport Pier. The interim plan will improve the efficiency of existing space and
provide for an interims ace for Junior Lifeguard programs,
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL STATUS REPORT
Housing Element Report
2012 Calendar Year
As required by Government Code Sections 65583 and 65584, the Housing Element Report demonstrates the City's
progress in meeting its share of regional housing needs and Housing Element programs. As mandated by Government
Code Section 65400, this report was prepared to be consistent with guidelines provided by the Department of Housing
and Community Development (HCD).
The Housing Element Report includes the following information:
A. Annual building activity reports for new housing units;
B. Regional housing needs allocation progress; and
C. Program implementation status including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing.
A. Annual Building Activity Reports for New Housing Units
Data from the Newport Beach Building Division 'Building Activity Report" was used to prepare the following table,
illustrating the number of permits issued for construction of new housing units and for demolished housing units in
calendar year 2012:
PERMITS ISSUED FOR HOUSING UNITS
2012
CALENDAR YEAR
NEW UNITS
DEMOLISHED UNITS
NET INCREASE IN UNITS
2012
89
87
12
ANNUAL BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS
2012
]IF
1.
2.
3.
4.
S.
6.
7.
SINGLE
2 -4 UNITS
5+
SECOND UNIT
MOBILE
TOTAL
INFILL
FAMILY
UNITS
HOMES
UNITS
No. OF UNITS
0
0
0
0
0
0
0
PERMITTED FOR
MODERATE
No. OF UNITS
69
10 (2 -UNIT
0
0
0
89
87
PERMITTED FOR
PROJECTS)
ABOVE MODERATE
=20 TOTAL UNITS
B. REGIONAL HOUSING NEEDS ALLOCATION PROGRESS
The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to
identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned
Newport Beach a share of the region's new housing units that should be constructed in the 2006 -2014 planning period to
satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region,
SCAG determined the City's share of RHNA to be 1,769 new dwelling units.
The table below summarizes the City's share of RHNA for new housing construction, for households at different income
levels, and for the 2006 -2014 Planning Period. Pursuant to HCD guidelines, it includes a carryover of the
unaccommodated portion of the 2000 -2005 RHNA allocation of 145 units.
TOTAL RHNA CONSTRUCTION NEED BY INCOME
2006 -2014
VERY LOW
LOW
MODERATE
ABOVE MODERATE
TOTAL
451
319
442
702
1,914
24%
17%
23%
36%
100%
CITY'S PROGRESS IN MEETING
IT'S SHARE OF RHNA FOR PERIOD 2006.2014
VERY LOW
LOW
MODERATE
ABOVE MODERATE
TOTAL
PROJECTED NEED
451
319
442
702
1,914
NEW UNITS PERMITTED 06'
0
0
0
209
209
NEW UNITS PERMITTED (071)
0
0
0
228
228
NEW UNITS PERMITTED 08'
0
0
0
131
131
NEW UNITS PERMITTED 09'
0
0
0
46
46
NEW UNITS PERMITTED (10')
0
0
0
38
38
NEW UNITS PERMITTED 11'
0
0
0
13
13
NEW UNITS PERMITTED 12'
0
0
0
13
13
REMAINING NEED
1451
319
442
24
1,236
C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS TO REMOVE GOVERNMENTAL
CONSTRAINTS
The 2008 -2014 Housing Element update was completed and adopted by City Council in November 2011. On December
29, 2011, the City received a final letter from HCD finding full compliance with state housing element law. The following
chart provides the status of the current housing programs provided in the adopted 2008 -2014 Housing Element:
PROGRAM
STATUS
1.1.1
Improve housing quality and prevent
Ongoing
deterioration of existing neighborhoods by
strictly enforcing building code regulations
The building inspectors and code enforcement officers continually enforce
and abating code violations and nuisances.
code regulations and abate violations and nuisances. A quarterly report
on code enforcement activities is available and kept on file at the City.
1.1.2
Participate with the Orange County
Ongoing
Housing Authority (OCHA) and Housing
and Community Development Division in
City staff attends OCHA's Cities Advisory Committee meetings to keep up
their administration of rehabilitation loans
to date on rehabilitation programs offered by the County in order to inform
and grants for low- and moderate - income
homeowners and rental property owners within the City of opportunities
homeowners and rental property owners to
and to encourage preservation of existing housing stock.
encourage preservation of existing City
housing stock.
PROGRAM
STATUS
Ongoing
1.1.3
Require replacement of housing
demolished within the Coastal Zone when
housing is or has been occupied by very-
The City uses Chapter 20.34 "Conversion or Demolition of Affordable
low, low -, and moderate - income
Housing' by monitoring demo requests and permits. No CRDP's were
households within the preceding 12
issued in 2012.
months. The City shall prohibit demolition
unless a Coastal Residential Development
(CRDP) Permit has been issued. The
specific provisions implementing
replacement unit requirements are
contained in the Municipal Code.
2.1.1
Maintain rental opportunities by restricting
Ongoing
conversions of rental units to
condominiums unless the vacancy rate in
A vacancy rate survey is completed every quarter to monitor consistency
Newport Beach for rental housing is an
with this policy. The results of the surveys conducted for the 2012 calendar
average 5 percent or higher for four (4)
year provided an average vacancy rate higher than 5 percent therefore,
consecutive quarters, and unless the
conversions are not restricted.
property owner complies with condominium
conversion regulations contained in
Chapter 19.64 of the Newport Beach
Munici al Code.
2.1.2
Take all feasible actions, through use of
Ongoing
development agreements, expedited
development review, and expedited
Pending applications which include affordable housing will be expedited.
processing of grading, building and other
development permits, to ensure expedient
construction and occupancy for projects
approved with low- and moderate - income
housing requirements.
PROGRAM
STATUS
Ongoing
2.1.3
Participate with the County of Orange in the
issuance of tax - exempt mortgage revenue
bonds to facilitate and assist in financing,
The issuance of tax - exempt mortgage revenue bonds is project driven,
development and construction of housing
and the developer typically applies for the bonds. No applications were
affordable to low and moderate - income
received.
households.
2.1.4
Conduct an annual compliance- monitoring
Ongoing
program for units required to be occupied
by very low -, low -, and moderate - income
Annual compliance monitoring has been conducted and the report for the
households.
City's income and rent restricted units is in process by LDM Associates
(consultant). Pending review for one affordable housing project, monitoring
will be complete for 2012 by Spring 2013.
2.1 .5
Provide entitlement assistance, expedited
Ongoing
entitlement processing, and waive
application processing fees for
Implement as projects are submitted and no new projects were proposed.
developments in which 5 percent of units
are affordable to extremely low- income
households. To be eligible for a fee waiver,
the units shall be subject to an affordability
covenant for a minimum duration of 30
years. The affordable units provided shall
be granted a waiver of park in -lieu fees (if
applicable) and traffic fairshare fees.
2.1.6
Affordable housing developments providing
Ongoing
units affordable to extremely low- income
households shall be given the highest
Implement as projects are submitted and no new projects were proposed.
priority for use of Affordable Housing Fund
monies.
Require a proportion of affordable housing
Ongoing
in new residential developments or levy an
in -lieu fee. The City's goal over the five-
The affordable housing balance was approximately $2.2 million at the end
year planning period is for an average of
of 2012.
15 percent of all new housing units to be
affordable to very low —, low -, and
Four AHIPS were approved or in process in 2012:
moderate - income households. The City
1. Santa Barbara Condominiums (79 units) - AHIP amended February
shall either (a) require the payment of an
2012 to require the payment of in -lieu housing fee in the amount of $1.2
in -lieu fee, or (b) require the preparation of
million. Payment of the fee is due upon issuance of building permits for
an Affordable Housing Implementation Plan
the project (anticipated in 2013).
(AHIP) that specifies how the development
2. North Newport Center Planned Community Development Plan (524
will meet the City's affordable housing goal,
units) - AHIP amended July 2012 to require the recordation of
depending on the following criteria for
affordability covenants on existing market -rate rental units to maintain
project size:
rents affordable for a period of 30 years to either 52 very low -, 79 low -,
or 105 moderate - income households, or a combination of units.
1. Projects of 50 or fewer units shall have
Affordable housing agreements to be recorded based on phased
the option of preparing an AHIP or
schedule in conjunction with the issue of certificates of occupancy for
paying the in-lieu fee.
the market -rate units in the project (anticipated 2014/2015).
2. Projects where more than 50 units are
3. Banning Ranch (1,375 units) - AHIP approved July 23., 2012 (pending
proposed shall be required to prepare
Coastal Commission approval), which includes a requirement that 15
an AHIP.
percent of the units be affordable to either very low, low -, or moderate -
income households. A minimum of 50 percent must be constructed
Implementation of this program will occur in
onsite, with alternative development options for the other 50 percent.
conjunction with City approval of any
Units must remain affordable for 30 years.
residential discretionary permits or
4. Uptown Newport (922 units + 322 density bonus units) - AHIP
Tentative Tract Maps. To insure
anticipated approval March 2013, requires that either 11 percent (101
compliance with the 15 percent affordability
units) of the units be rented at very low- income rates or 20 percent (184
requirements, the City will include
units) of the units at low- income rates. Units must remain affordable for
conditions in the approval of discretionary
a period of 30 years. Alternatively, 40 percent (368 units) of the units
permits and Tentative Tract Maps to
may be sold at an affordable price for moderate- income households.
require ongoing monitoring of those
projects.
PROGRAM
STATUS
Ongoing
2.2.2
Periodically review the City's Inclusionary
Housing In -lieu fees to ensure it is
adequate to support the development of
The City's Inclusionary Housing in -lieu fees have been adjusted annually
affordable projects.
based on change in new home prices. Since its formal adoption in 2010,
the initial $18,500 in -lieu fee amount has fluctuated as follows:
2011:$20,554
2012:$20,513
2.2.3
Develop a brochure of incentives offered by
Complete
the City for the development of affordable
housing including fee waivers, expedited
Brochure is complete and is provided on the City website and in the public
processing, Inclusionary Housing
lobby. Brochure will be periodically reviewed to ensure information is up to
requirements, and density bonuses and
date.
other incentives. Provide a copy of this
brochure at the Planning Counter, the
website and also provide a copy to
potential developers.
2.2.4
The City shall provide more assistance for
Ongoing
projects that provide a higher number of
affordable units or a greater level of
The City will provide financial assistance based on a project by project
affordability. At least 15 percent of units
analysis, depending on need and overall project merits. There were no
shall be affordable when assistance is
qualified projects in 2012.
provided from Community Development
Block Grant funds or the City's Affordable
Housing Fund.
2.2.5
For new developments proposed in the
Ongoing
Coastal Zone areas of the City, the City
shall follow Government Code
The City uses Chapter 20.34 "Conversion or Demolition of Affordable
Section 65590 and Title 20.
Housing" by monitoring demo requests and permits. No CRDPS were
issued in 2012.
PROGRAM
STATUS
Ongoing
2.2.6
All required affordable units shall have
restrictions to maintain their affordability for
a minimum of 30 years.
Staff continues to include this affordability restriction as a standard
condition on all affordable housing projects, unless an otherwise longer
affordability covenant is agreed upon.
The City advises affordable housing developers that all affordable units are
restricted to a minimum 30 -year time period. The Newport Banning Ranch,
North Newport Center, and Uptown Newport (anticipated approval in
March 2013) AHIP's include a 30 -year affordability restriction.
2.2.7
Advise and educate existing landowners
Ongoing
and prospective developers of affordable
housing development opportunities
A brochure has been created and distributed that outlines development
available within the Banning Ranch, Airport
incentives and entitlement assistance available in the City. The brochure
Area, Newport Mesa, Newport Center,
is maintained at the public counter and on the City website.
Mariners' Mile, West Newport Highway, and
In 2012, City staff assisted developers with the preparation of the four
Balboa Peninsula areas.
AHIPS: two in Newport Center (North Newport Center and Santa Barbara
Condos), Banning Ranch, and Uptown Newport (Airport Area anticipated
approval in March 2013). Uptown Newport includes provisions for
providing additional affordable units beyond the City's minimum
inclusionary housing requirements in order to obtain a density bonus.
2.2.8
Participate in other programs that assist
Ongoing
production of housing.
City staff attends OCHA Cities Advisory Committee meetings to keep up-
to -date with programs that assist in the production of housing.
Staff informs developers of programs that are available to assist in the
production of housing for all income levels.
10
PROGRAM
STATUS
Ongoing
2.2.9
New developments that provide housing for
lower- income households that help meet
regional needs shall have priority for the
The City has provided a copy of the Housing Element to water and sewer
provision of available and future resources
service providers. Pursuant to state law, water and sewer providers must
or services, including water and sewer
grant priority to developments that include housing units affordable to
supply and services.
lower income households.
2.2.10
Implement Chapter 20.32 (Density Bonus)
Ongoing
of the Zoning Code and educate interested
developers about the benefits of density
Implement as projects are submitted. Density Bonus information and
bonuses and related incentives for the
incentives are included in an informational brochure for the public.
development of housing that is affordable
Ongoing
to very low -, low -, and moderate - income
households and senior citizens.
The Uptown Newport AHIP that is anticipated to be approved in March
2013 includes provisions for providing additional affordable units beyond
the City's minimum inclusionary housing requirements in order to obtain a
density bonus. Of the 1,244 units approved, 322 units resulted from a
density bonus.
2.2.11
Monitor the impact of Housing Program
Ongoing
2.2.1 and the City's Inclusionary Housing
Ordinance on the overall production of
Due to the recession and overall decline of housing production during the
housing within the City. Considerations
last planning period, staff has been unable to assess the effects of the
shall include whether the inclusionary
City's Inclusionary Housing requirements on housing production.
program results in cost shifting where the
However, in one case where the inclusionary housing requirement proved
costs of subsiding the affordable units is
infeasible for the Santa Barbara Condominiums project, the City amended
underwritten by the purchasers of market-
the AHIP in 2012 for the project to allow the payment of an in -lieu fee
rate units in the form of higher prices.
instead of the 79 units.
11
PROGRAM
STATUS
Ongoing
2.3.1
Study housing impacts of proposed major
commercial /industrial projects during the
development review process. Prior to
In conjunction with the environmental review required under the California
project approval, a housing impact
Environmental Quality Act (CEQA), potential impacts to population,
assessment shall be developed by the City
housing, and employment is reviewed and analyzed. Recent development
with the active involvement of the
trends have consisted of redevelopment of commercial and industrial sites
developer. Such assessment shall indicate
for residential development or mixed -use, which have created new housing
the magnitude of jobs to be created by the
opportunities in the City. No major projects in 2012.
project, where housing opportunities are
expected to be available, and what
measures (public and private) are requisite,
if any, to ensure an adequate supply of
housing for the projected labor force of the
project and for any restrictions on
development due to the "Charter Section
423" initiative.
3.1.1
Provide a streamlined "fast -track"
Ongoing
development review process for proposed
affordable housing developments.
The City will prioritize the development review process for all affordable
housing projects. No projects were proposed in 2012. When Banning
Ranch and Uptown Newport affordable units are submitted for processing
they will be provided a "fast track" plan check.
3.1.2
When a residential developer agrees to
Ongoing
construct housing for persons and families
of very low, low and moderate income
The City considers density bonuses and other incentives on a project -by-
above mandated requirements, the City
project basis. Chapter 20.32 Density Bonus is included in the Zoning Code
shall either (1) grant a density bonus as
and is implemented as projects are submitted. A density bonus has been
required by state law, or (2) provide other
granted to the Uptown Newport project, anticipated approval in March
incentives of equivalent financial value.
2013, in the Airport Area. Of the 1,244 housing units approved in the
project, 322 of the units are a result of the density bonus.
1.3 Review and consider in accordance with
state law, the waiver of planning and park
fees, and modification of development
standards, (e.g., setbacks, lot coverage,
etc.) at the discretion of City Council and
Planning Commission for developments
containing very low, low- and moderate -
income housing in proportion to the number
of low- and moderate - income units in each
entire project.
12
Waivers and incentives are considered by the Planning Commission and
City Council on a project -by- project basis. No waivers or incentives were
granted during the 2012 calendar year.
13
1.4
The City will encourage and facilitate
Ongoing
residential and mixed -use development on
vacant and underdeveloped sites listed in
Appendix H4 is the Sites Analysis and Inventory which identifies sites that
Appendix H4 by providing technical
can be developed for housing within the planning period and that are
assistance to interested developers with
sufficient to provide for the City's share of the regional housing need
site identification and entitlement
allocation to provide realistic opportunities for the provision of housing to
processing. The City will support
all income segments within the community. Appendix H4 can be found in
developers funding applications from other
the Housing Element available at the Planning Division or online at
agencies and programs. The City will post
http:// www .newportbeachca.,qovtindex.aspx ?paqe =173
the Sites Analysis and Inventory on the
The City has completed the following:
City's webpage and marketing materials for
1. A user - friendly Sites Analysis and Inventory is on the City's website.
residential and mixed -use opportunity sites,
2. A brochure is available on the web and in the public lobby that
and will equally encourage and market the
promotes the incentives and opportunities for affordable housing
sites for both for -sale development and
projects, which includes information of the City's Sites Analysis and
rental development. To encourage the
Inventory.
development of affordable housing within
3. A layer and note has been added in the City's Geographic Information
residential and mixed -use developments,
System (GIS) to identify sites within the inventory to assist staff in
the City shall educate developers of the
providing information to interested developers.
benefits of density bonuses and related
incentives identify potential funding
The City will encourage density bonus and offer incentives to interested
opportunities, offer expedited entitlement
developers.
processing, and offer fee waivers and /or
deferrals.
1.5 The City will monitor and evaluate the
development of vacant and
underdeveloped parcels on an annual basis
and report the success of strategies to
encourage residential development in its
Annual Progress Reports required pursuant
to Government Code 65400. If identified
strategies are not successful in generating
development interest, the City will respond
to market conditions and will revise or add
additional incentives.
14
During 2012 the City's strategies for encouraging the development of
identified vacant and underutilized sites are proving successful. The City
has approved development projects for the three vacant sites identified in
the Sites Inventory and Analysis: 1. Banning Ranch site was approved for
the development on July 23, 2012 and would include the development of a
maximum of 1,375 residential units, the development will require California
Coastal Commission approval also; 2. San Miguel site was approved or
the development of four single -unit dwelling in September of 2010 and
construction of the units was completed in January of 2013; 3. Corona del
Mar site had an anticipated approval for the development of six detached
residential condominiums units in January 2013.
The City has also approved two significant projects on sites identified as
underutilized: In 2012, the City adopted an amendment to the North
Newport Center Planned Community and development agreement to allow
for the total construction of up to 524 residential units within the San
Joaquin Plaza sub -area, these units are anticipated to be constructed in
2014/2015; Uptown Newport, anticipated to be approved in March 2013,
includes the development of 1,244 residential dwelling units. The Newport
Bay Marina project was identified as an underutilized site The project was
approved by the City in 2007 and the Coastal Commission in 2009, and
permitted the development of 27 residential condominium units and 36,000
SF of commercial. Building permits were issued in 2012 and construction
is anticipated to be completed in 2014.
When requested by property owners, the
City shall approve rezoning of developed or
vacant property from nonresidential to
residential uses when appropriate. These
rezoned properties shall be added to the
list of sites for residential development.
15
The City continually monitors requests for zone changes of vacant and
developed properties from nonresidential to residential and approves when
determined to be compatible and feasible. When approved, these sites are
mapped for residential uses on both the zoning district map and General
Plan Land Use Map.
In 2012, the City adopted an amendment to the North Newport Center
Planned Community and approved an additional 79 residential units for
construction with North Newport Center. The units were created as a result
of the conversion and transfer of 79 un -built hotel units from the Newport
Beach Marriot site in Newport Center. As a result of the amendment, the
Development Plan now allows for the total construction of up to 524
Recognizing that General Plan Policy
LU6.15.6 may result in a potential
constraint to the development of affordable
housing in the Airport Area, the City shall
amend the General Plan and /or establish a
waiver or exception to the minimum 10-
acre site requirement. It is recognized that
allowing a smaller scale development
within an established commercial and
industrial area may result in land use
compatibility problems and result in a
residential development that does not
provide sufficient amenities (i.e. parks)
and /or necessary improvements (i.e.
pedestrian walkways). Therefore, it is
imperative that the proposed waiver include
provisions for adequate amenities, design
considerations for the future integration into
a larger residential village, and a
requirement to ensure collaboration with
future developers in the area.
16
This program has been implemented with the adoption of Ordinance No.
2012 -14 that amended the Newport Place Planned Community (PC11) to
allow residential development that includes a minimum of 30 percent of the
units affordable to lower- income households and also created a waiver to
the 10 -acre site requirement for such projects. The remaining properties in
the Airport Area, (Koll Center and Uptown Newport [formerly referred to as
Conexent]) are larger than 10 acres and are not constrained by the
minimum 10 -acre requirement. The parcels owned by Koll total 25 acres
and the parcels owned by Uptown Newport total 26.9 acres.
The City shall amend the Newport Place
(PC 11) and Koll Center (PC 15) Planned
Community texts to allow residential
developments that include: 1) a minimum of
30 percent of the units affordable to lower -
income households; and 2) densities
between 30 du /acre and 50 du /acre
consistent with the MU -H2 General Plan
land use designation and policies for the
Airport Area. It is recognized that adding
residential as a permitted use where it was
not allowed previously might require
additional design attention to integrate
uses. Therefore, the Planned Community
Amendments will add residential uses as
permitted by right subject to a site plan
review to ensure integration within the
existing area.
The City will monitor commercial
redevelopment within the Airport Area to
ensure sufficient residential capacity
remains to accommodate the City's RHNA
for lower- income households. Should
residential capacity be reduced to a level
that cannot accommodate the City's
remaining need for lower- income
households citywide, the City will identify
and zone, if necessary, sufficient sites in an
alternative location to accommodate the
City's RHNA.
17
On July 24, 2012, The Newport Place PC was amended to establish a
residential development overlay where multi -unit residential developments,
which include a minimum of 30 percent of the units affordable to lower -
income households, are permitted subject to site development review. The
Housing Element Sites Inventory and Analysis identified a realistic residential
development capacity of 880 units within the boundaries of Newport Place
PC at a minimum density of 30 du /ac. At the maximum density of 50 du /ac
(excluding the potential for density bonus), these sites would have the
potential development rapacity of 1,467 units. Both of these development
capacities well exceed the City's identified lower- income housing need of 770
units.
With anticipated approval in March 2013, Uptown Newport Planned
Community was created (formally a part of the Koll Center Planned
Community) to specifically serve as zoning document for the construction of
up to 1,244 residential units, 11,500 square feet of retail commercial, and
2.05 acres of park space. Residential development is a permitted use subject
to site development review. The Uptown Newport PC requires densities
between 30 du /acre and 50 du /acre, consistent with the densities of the
General Plan, and allows additional density opportunities with a density
bonus. The Koll Center Planned Community will also be amended to remove
the properties now regulated by the new Uptown Newport Planned
Community.
With the adoption of the Uptown Newport Project and PC, combined with the
Newport Place PC Amendment, the City would have zoning in place that
greatly exceeds the lower- income housing need of 770 units. Newport Place
PC was identified with a realistic development potential of 880 units and
Uptown Newport Project is anticipated to be approved for up to 924 units
(1,244 units with requested density bonus); combined, the realistic
development capacity for properties in the Airport Area with appropriate
zoning in place would be 1,694 units (2,124 units with the density bonus).
in
PROGRAM
STATUS
Ongoing
4.1.1
Annually contact owners of affordable units
for those developments listed in Table H12
as part of the City's annual monitoring of
Staff maintains an updated contact list for affordable units in conjunction
affordable housing agreements to obtain
with the 2008 -2014 Housing Element. LDM Associates (consultant) works
information regarding their plans for
with staff to include this in the annual monitoring.
continuing affordability on their properties
and to encourage the extension of the
affordability agreements for the
developments listed in Table H12 beyond
the years noted.
4.1.2
The City shall register as a Qualified
Ongoing
Preservation Entity with HCD to ensure that
the City will receive notices from all owners
The City registered the City of Newport Beach as a Qualified Preservation
intending to opt out of their Section 8
Entity with HCD in 2012. When notification is received by the City staff will
contracts and /or prepay their HUD insured
evaluate the potential use of monies to preserve the affordable units.
mortgages. Upon receiving notice that a
property owner of an existing affordable
housing development intends to convert the
units to a market -rate development, the
City shall consult with the property owners
and potential preservation organizations
regarding the potential use of CDBG funds
and /or Affordable Housing Fund monies to
maintain affordable housing opportunities in
those developments listed in Table H12 or
assist in the non - profit acquisition of the
units to ensure long -term affordability.
19
PROGRAM
STATUS
Ongoing
4.1.3
Continue to maintain information on the
City's website and prepare written
communication for tenants and other
Pamphlets informing prospective tenants and landlords about the OCHA
interested parties about Orange County
Section 8 program have been made available in the public lobby and
Housing Authority Section 8 opportunities
information is posted on the City website.
to assist tenants and prospective tenants to
acquire additional understanding of housing
law and related policy issues.
4.1.4
Investigate availability of federal, state, and
Ongoing
local programs (including in -lieu funds) and
pursue these programs if found feasible, for
The City attends OCHA meetings and has continued to investigate
the preservation of existing low- income
available programs and evaluate the feasibility of participating in such
housing, especially for preservation of low-
programs.
income housing that may increase to
market rates during the next ten years. A
list of these programs, including sources
and funding amounts, will be identified as
part of this program and maintained on an
on -going basis.
4.1.5 The City shall inform and educate owners
of affordable units of the State Preservation
Notice Law (Government Code Section
65863.10 -13), if applicable. Pursuant to the
law, owners of government- assisted
projects cannot terminate subsidy contract,
prepay a federally- assisted mortgage, or
discontinue use restrictions without first
providing an exclusive Notice of
Opportunity to Submit an Offer to
Purchase. Owners proposing to sell or
otherwise dispose of a property at any time
during the five years prior to the expiration
of restrictions must provide this Notice at
least 12 months in advance unless such
sale or disposition would result in
preserving the restrictions. The intent of
the law is to give tenants sufficient time to
understand and prepare for potential rent
increases, as well as to provide local
governments and potential preservation
buyers with an opportunity to develop a
plan to preserve the property. This plan
typically consists of convincing the owner to
either (a) retain the rental restrictions in
exchange for additional financial incentives
or (b) sell to a preservation buyer at fair
market value.
20
Staff worked with _DM Associates (consultant) to create a notice to go out
with the annual monitoring. Additional research is required to verify the law
is compliant with existing older affordability covenants and completion is
anticipated in Spring 2013.
21
PROGRAM
STATUS
Ongoing
4.2.1
Investigate the use of federal funds to
provide technical and financial assistance,
if necessary, to all eligible homeowners and
The City continued to investigate available programs and evaluate the
residential rental property owners to
feasibility of participating in such programs. No funds were approved for
rehabilitate existing dwelling units through
rehabilitation projects in 2012.
low- interest loans or potential loans, or
grants to very low —, low- and moderate -
income, owner - occupants of residential
properties to rehabilitate existing units.
4.2.2
In accordance with Government Code
Ongoing
Section 65863.7, require a relocation
impact report as a prerequisite for the
Consistent with state law, a detailed relocation impact report is a
closure or conversion of an existing mobile
requirement for the permit for proposed closures or conversions. There
home park.
were no closures or conversions in 2012.
4.2.3
Should need arise, consider using a portion
Ongoing
of its Community Development Block Grant
funds for establishment and implementation
Continuously monitor requests for assistance and Code Enforcement
of an emergency home repair program.
quarterly reports to determine need. No projects in 2012.
Energy efficient products shall be required
whenever appropriate.
22
PROGRAM
STATUS
Ongoing
4.2.4
Participate as a member of the Orange
County Housing Authority Advisory
Committee and work in cooperation with
Staff attends the quarterly meetings of the OCHA Cities Advisory
the Orange County Housing Authority to
Committee.
provide Section 8 Rental Housing
Assistance to residents of the community.
Staff continually works in cooperation with the County to provide Section 8
The City shall, in cooperation with the
rental housing assistance to residents.
Housing Authority, recommend and request
use of modified fair market rent limits to
A link to the Orange County Housing Authority website has been placed on
increase number of housing units within the
the City website to provide information on the Section 8 program.
City that will be eligible to participate in the
program. The Newport Beach Planning
Division shall prepare and implement a
publicity program to educate and
encourage landlords within the City to rent
their units to Section 8 Certificate holders
and to make very low- income households
aware of availability of the Section 8 Rental
Housing Assistance Program.
4.2.5
Developers that choose to meet the
Ongoing
inclusionary housing requirements of
Housing Program 2.2.1 through the
No projects were submitted in 2012.
renovation and conversion of existing off -
site units in the City to affordable units shall
be required to substantially renovate and
improve the livability and aesthetics of the
units for the duration of the affordability
period and include energy conserving
retrofits that will contribute to reduced
housing costs for future occupants of the
units.
23
PROGRAM
STATUS
Ongoing
4.2.6
Implement and enforce the recently
adopted Water Efficient Landscape
Ordinance and Landscape and Irrigation
Continuously implemented as housing projects are submitted (Chapter
Design Standards in compliance with AS
14.17 of the Newport Beach Municipal Code).
1881 (2006). The ordinance establishes
standards for planning, designing,
installing, and maintaining and managing
water - efficient landscapes in new
construction and rehabilitated projects.
4.2.7
Affordable housing developments that
Ongoing
receive City assistance from Community
Development Block Grant funds or from the
No projects were submitted in 2012.
City's Affordable Housing Fund shall be
required, to the extent feasible, include
installation of energy efficient appliances
and devices, and water conserving fixtures
that will contribute to reduced housing
costs for future occupants of the units.
4.2.8
Investigate the feasibility and benefits of
Pending
using a portion of its Community
Development Block Grant funds for the
Staff continues investigating possible programs.
establishment and implementation of an
energy conserving home improvements
o ro ram for lower- income homeowners.
4.2.9
Establish a process for LEED certified staff
Ongoing
members to provide development
assistance to project proponents seeking
The City presently has one LEED accredited staff member who will provide
LEED certification, which will in turn
technical assistance when requested.
increase the LEED points granted to
projects.
24
PROGRAM
STATUS
Ongoing
4.2.10
To encourage voluntary green building
action, the City will institute a green
recognition program that may include public
The City presently has one LEED accredited staff member who will provide
recognition of LEED certified buildings,
technical assistance when requested.
payment of a display advertisement in the
local newspaper recognizing the
The City continues to work on a recognition program with a website that
achievements of a project, or developing a
includes the identification and showcase of LEED certified residential
City plaque that will be granted to
projects in the City. The website will be completed in Spring 2013.
exceptional developments.
5.1.1
Apply for United States Department of
Ongoing
Urban Development Community
Development Block Grant funds and
Through the approved Action Plans for Fiscal year 2012 -2013, the City
allocate a portion of such funds to sub-
allocated funding to the following organizations to preserve the supply of
recipients who provide shelter and other
emergency and transitional housing: Human Options, Families Forward,
services for the homeless.
Serving People In Need (SPIN), Share Our Selves (SOS) and Fair
Housing Foundation.
The following organization has been funded to assist homeless battered
women and children: Human Options.
5.1.2
Cooperate with the Orange County
Ongoing
Housing Authority to pursue establishment
of a Senior /Disabled or Limited Income
The City refers low income residents to Orange County for rehabilitation of
Repair Loan and Grant Program to
mobile homes, to Neighborhood Housing for first time buyer programs, and
underwrite all or part of the cost of
to Rebuilding Together for handyman service for low income and senior
necessary housing modifications and
households.
repairs. Cooperation with the Orange
County Housing Authority will include
continuing City of Newport Beach
participation in the Orange County
Continuum of Care and continuing to
provide CDBG funding.
25
RAM
STATUS
5.1.3
Permit, where appropriate, development of
Ongoing
"granny" units in single - family areas of the
City.
There were no permits were issued in 2012.
5.1.4
Work with the City of Santa Ana to provide
Ongoing
recommendations for the allocation of HUD
Housing Opportunities for Persons with
The City attended the annual HOPWA Strategy meeting and participated
AIDS ( HOPWA) funds within Orange
in providing recommendations for the allocations of HOPWA funds.
County.
5.1.5
Maintain a list of "Public and Private
Ongoing
Resources Available for Housing and
Community Development Activities:'
City maintains a list of resources that are available for housing and
community development activities. A list of resources and links are
provided on the City's website.
5.1.6
Encourage the development of day care
Ongoing
centers and community parks as a
component of new affordable housing
Implemented continuously as housing projects are submitted to the City.
constructed as part of the requirements of
The Uptown Newport Project, anticipated to be approved in March 2013
the City's Inclusionary Housing Ordinance.
(see program 3.2.3) provides public parks and paseos, and private
recreation areas.
26
PROGRAM
STATUS
Complete
5.1.7
Amend the Zoning Code to include a
definition of Single Room Occupancy
(SRO) Residential Hotels and add
City Council adoption of Ordinance No. 2013 -4 amending the Zoning Code
provisions that would permit SROs within
and implementing this program is anticipated February 2013.
the commercial and office zoning districts
with the approval of a use permit. No
standard set of conditions or use
restrictions on SROs shall be established;
instead, each application should be
evaluated individually and approved based
upon its own merits and circumstances.
6.1.1
Contract with an appropriate fair housing
Ongoing
service agency for the provision of fair
housing services for Newport Beach
The City contracted with the Fair Housing Foundation to provide these
residents. The City will also work with the
services for 2012 -2013. The Fair Housing Foundation provided the
fair housing service agency to assist with
following training seminars in 2012 at the City library or City Hall:
the periodic update of the Analysis of
. Two Fair Housing 101 Presentations
Impediments to Fair Housing document
a Three Tenant Rights Workshops
required by HUD. The City will continue to
a One Landlord Rights Workshop
provide pamphlets containing information
related to fair housing at the Planning
Pamphlets containing information on Fair Housing and Dispute Resolution
Division counter.
Services are available at the public counter.
7.1.1
As part of its annual General Plan Review,
Ongoing
the City shall report on the status of all
housing programs. The portion of the
This annual Housing Element Report will be submitted to HCD.
Annual Report discussing Housing
Programs is to be distributed to the
California Department of Housing and
Community Development in accordance
with California State Law.