HomeMy WebLinkAbout6.0 - General Plan, including Housing Element, Annual Status Report - PA2007=195 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 5, 2015 Meeting
Agenda Item No.: 6
SUBJECT: General Plan, including Housing Element, Annual Status 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).
DISCUSSION
Government Code Section 65400 mandates that the City prepare an annual report on
the status of the General Plan, including the Housing Element, and progress in its
implementation. Following City Council review, the report will 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. PC2) follows preparation
guidelines set forth by OPR and provides the status of the General Plan and progress
on implementation during the 2014 calendar year. The listed Implementation Programs
are from the General Plan (Attachment No. PC1).
This 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.
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General Plan,including Housing Element, Annual Status Report
March 5, 2014
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: Submitted by:
Melinda Whelan Br n 4Wisnes16, ICP, Deputy Director
Assistant Planner
ATTACHMENTS
PC1 General Plan Implementation Program
PC2 General Plan Annual Status Report (Including Housing Element Report)
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Attachment No. PC 1
General Plan Implementation Program
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CHAPTER 13 Implementation Program
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Implementation Program
IMPLEMENTATION
The following implementation programs constitute the principal set of actions and procedures
necessary to carry out the goals and policies of the City of Newport Beach General Plan. They are
generally described and do not reiterate the policies' specific standards or requirements that must be
addressed in implementation, such as permitted development densities and required parkland acreage
dedication. Consequently,in implementing the programs it is necessary to review the Plan's policies to
assure that they are fully addressed. For the convenience of the General Plan's users, each
implementation program is numbered and referenced at the close of each relevant Element policy
(Imp—)•
The programs described herein may change over time to reflect available funding or as new
approaches are used in the future. To this end, the General Plan Progress Report required to be
prepared annually, as described in Imp 1.3 below, should review the continuing applicability of the
programs and update this list as necessary. Such modifications would not necessitate a formal
amendment of the General Plan, unless they substantively alter the Plan's goals or policies.
Development Management System
The City of Newport Beach's Development Management System encompasses the policy and
regulatory documents and procedures that guide land use development and resource conservation in
accordance with the goals and policies specified by the General Plan.
®Newport Beach General Plan
Implementation Program
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 H storic 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 ( 65300), 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 565401). 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
determ ne 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
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Implementation Program
Imp 1.3 Prepare Annual General Plan Progress and Housing Element
Implementation Reports
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 IF
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
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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 OPR 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
Implementation Program
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 X66411. The Subdivision Ordinance regulates the design and improvement of
Newport Beach General Plan
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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
Implementation Program
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
Newport Beach General Plan
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Implementation 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
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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
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pertinent Statistical Areas and individual parcels. This will facilitate the City's compliance with the
development thresholds and limits required by Charter Section 423.
11 . 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" EIR 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 EIR 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 FIR 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-family residential, retail
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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 parry 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.
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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
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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 Coastal Act
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.
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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 SpedesArt, 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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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 (USPS) 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:
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■ 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
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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
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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.
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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.
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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
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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.
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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
tiiveaboards.
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 (RAMP) 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,
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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
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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
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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
33
Implementation Program
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
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.
Newport Beach General Plan
35
Implementation Program
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 re-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
37
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 mannas, 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 RE
3
Attachment No. PC 2
General Plan Annual Status Report
(Including Housing Element Report)
39
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CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL STATUS REPORT
(Including Housing Element Report)
2014 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 2014 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 65583 and 65584, and can be found following the General Plan Implementation Programs.
41
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A. GENERAL PLAN IMPLEMENTATION PROGRAMS
TASKS STATUS
1.1 Ensure that Private Development and Ongoing
Capital Improvements are Consistent
with the General Plan 1. All private development projects require consistency with the General Plan.
Consistency is ensured through application of zoning requirements.
Discretionary applications require the adoption of a finding that the project is
consistent with the General Plan based upon facts.
2. In June 2014, the City Council confirmed that the 2014-2015 Fiscal Year Capital
Improvement Program (CIP) was consistent with the General Plan when it
approved the CIP with the adoption of the budget.
1.2 Update and Revise the General Plan Ongoing
to 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 Pending
Progress and Housing Element
Implementation Reports Annual Report was reviewed by City Council and submitted to CPR and HCD in
April 2014.
2.1 Amend the Zoning Code for Complete
Consistency with 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.
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TASKS STATUS
4.1 New "Planned Community" Ongoing
Development 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; it is
currently deemed as incomplete. On November 21, 2013, the Orange County
Superior Court issued a Minute Order in the matter of Banning Ranch
Conservancy v. The City of Newport Beach, et al. and ordered the City to
vacate all approvals of the project, with the exception of the certification of the
EIR. The ruling is under appeal, with the appellate briefing by both parties
completed in October 2014.
2. Uptown Newport — Approved February 2013, the Uptown Newport Planned
Community (PC) 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. 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. A demolition permit
was issued in March 2014 for the preparation of the first phase of construction.
3. Koll Center Newport — Applied for a Planned Community Development Plan;
however, the application remains incomplete at this time.
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TASKS STATUS
5.1 Review and Revise Coastal Land Use Complete & Ongoing
Plan for Consistency with the General
Plan In 2007, the City approved amendments to the Coastal Land Use Plan (CLUP)
making it consistent with the 2006 General Plan. The California Coastal
Commission (CCC) certified those changes with suggested modifications in 2009.
In July 2009, the City accepted the CCC suggested modifications.
When the City considers an amendment of the General Plan, the City prepares
necessary amendments of the CLUP.
6.1 Review the Subdivision Ordinance for Complete
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 Ongoing
Code for Consistency with General
Plan The Building Code is updated to be consistent with the California Building Code and
the General Plan. The 2013 California Building Code was adopted by the City in
late 2013, and was effective starting January 2014, as required by State Law.
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 County.
7.3 Review and Update Transportation Complete
Demand Ordinance
The Transportation Demand Management Ordinance was 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.
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TASKS STATUS
8.1 Review Codes and Ordinances for Complete & 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 an
specifically recommended) 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 — Pursuant to NBMC Section
17.40, Harbor Resources will conduct vessel inspections and implement regulations
including the maximum number of renewable annual permits.
b. Regulation and transfer of mooring permit applications and titles — Managed by
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—Anticipated completion of the project is 2015
at that time the project will be recommended to Harbor Commission and then to the
City Council.
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 the Airport Land Use Environs Plan
AELUP , Code Enforcement, Harbor Resources, and Building Inspectors.
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TASKS STATUS
8.2 Prepare New Codes, , and Guidelines Ongoing
(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 regulates use and design of
commercial and residential properties to address potential 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 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—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
In 2014, Policy A-11, B-2 and F-2 were amended. The next comprehensive review
of the City Council Policy Manual is tentatively scheduled for April 2015.
7
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 to
should be updated on a continuing provide up to date parcel-specific information including specific lot information
basis, while data that is stable, such as (agreements), planning (zoning, land entitlements, building, code enforcement,
seismic hazard zones, can be updated environmental layers, general information (contours, assessor, easement, etc.),
on a less frequent basis) general services, harbor, hazards including flood and seismic, fire, police, public
works, parking, street and utilities. New layers are added whenever necessary and
appropriate. The Newport Beach Traffic Model (NBTM) land use data base was
comprehensively updated in 2013.
10.2 Maintain Development Tracking and Ongoing
Monitoring Program
In 2014, city staff continued the development and the evaluation of different tracking
methods for General Plan Amendments necessary to be in compliance with City
Charter Section 423.
11.1 CEQA Review Development and Ongoing
Entitlement Applications
All private and public development projects are reviewed for CEQA compliance.
12.1 Evaluate Fiscal Benefits of Large Ongoing
Development 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. A Fiscal Impact Analysis will also be prepared for the
proposed Land Use Element Amendment. No annexations have been proposed.
12.2 Maintain and Update Fiscal Impact Ongoing
Model
The fiscal impact model calculates public service 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
generate 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.
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TASKS STATUS
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. There
were no projects that required Development Agreements in 2014.
14.1 Adjoining Cities Ongoing
(Boarders Committees to collaborate
with the cities of Irvine, Huntington The City continuously collaborates with neighboring cities as projects/issues
Beach, and Costa Mesa) warrant but there currently is not an established committee.
14.2 Coordinate with School Districts Ongoing
Staff works with Newport Mesa Unified School District and Coast Community
College District on the identification and acquisition of potential school sites and
expansion or existing facilities on an as needed basis. 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 Ongoing
Housing and Community Development
(HCD) The 2014 General Plan Annual Progress Report including the Housing Element
Report was sent to HCD in April 2015.
'� g
9
TASKS STATUS
14.6 Coordinate with California Coastal Ongoing
Commission
During 2014, the General Plan/Local Coastal Program Implementation Committee
completed the draft Implementation Plan (IP). The draft IP is currently available for
public review and comment. Public hearings are slated for 2015.
14.7 Coordinate with the California Ongoing
Resources Agency, Department of
Fish and 1. The Recreation Department continued to work with the California Department of
Game (Changed name to California Fish and Wildlife on eelgrass restoration projects in the Upper Bay through
Department of Fish and Wildlife) Coastkeeper (Non-governmental agency) and Michelle Clemente (City Marine
Protection and Education Supervisor).
2. The Harbor Resources Division continued to work with California Department
Fish and Wildlife, National Marine Fisheries, Army Corps of Engineers,
California Coastal Commission, and US 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, if approved by the regulatory agencies, is anticipated in 2015.
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.
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TASKS STATUS
14.8 Coordinate with the California Ongoing
Department of Parks and Recreation
(changed their name to California The City through its Natural Resource Management unit coordinates with the
State Parks) California Department of Fish and Wildlife, California State Parks and Recreation,
the County, education, and non-governmental organizations (NGOs) to protect
natural resources through implementation of state and local legislation,
enforcement, monitoring, and to provide education programming at Big Corona Del
Mar and Little Corona del Mar State Beach, Crystal Cove, and Upper Newport Bay.
Coordination highlights from 2014 include the following:
1. Natural Resource Program continued to work with various city departments on
issues concerning natural resources.
2. Natural Resource Program implemented MPA Watch--marine protected area
watch program (human use), along with lobster recruitment research, and owl
limpet monitoring programs.
3. The Natural Resource Program installed signage and, conducted filed trip,
interpretive, and volunteer programs in a number of locations throughout
Newport Beach.
4. City of Newport Beach Natural Resource Program continued to work with U.S.
Fish and Wildlife, California Department of Fish and Wildlife, and California
State Parks on the Western Snowy Plover Recovery Program. Including
monitoring, outreach, and habitat restoration.
14.9 Coordinate with the California Ongoing
Department of Transportation
(Caltrans) The City coordinates with Caltrans on an as needed basis for the review of
improvements to the State Highway System or impact on the system by
development on an as needed basis. The City and Caltrans are currently
cooperating on a study of Coast Highway in the Mariners Mile (Newport Boulevard
to Dover Drive) area.
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TASKS STATUS
14.10 Transportation Corridor Agencies Ongoing
(TCA)
City staff continually works with the transportation corridor agencies (TCA)
regarding the San Joaquin Hills (SR-73) Toll Road and continuously implements
TCA's Major Thoroughfare and Bridge Fee Program through the Municipal Code.
Impact fees are collected by the City when a building permit is issued.
14.11 California Public Utilities Commission Ongoing
(CPUC)
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. In
2013 the City Council adopted a Utility Undergrounding District on Balboa Blvd from
Coast Highway to 23rd Street and directed staff to proceed with a Rule 20, an
undergrounding project along Balboa Boulevard. Staff is working with resident
groups to form Rule 20B undergrounding districts on the Balboa Peninsula,
Newport Heights, Balboa Island and Corona del Mar.
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TASKS STATUS
14.12 Coordinate with United States Army Ongoing
Corps of 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 has been developed
and implementation, if approved by the regulatory agencies, is anticipated in
2015.
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 Corps to dredge approximately
525,000 cubic yards of sediment in the harbor's critical areas. About 20
percent 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"). 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 II which dredged an
additional 210,000 cubic yards of sediment. The project was completed in
February 2013, and nearly all of the shallow areas in the harbor have been
dredged to authorized depths.
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TASKS STATUS
14.13 Coordinate with United States Fish Ongoing
and Wildlife Service
1. Newport Banning Ranch - In July 2012, the City approved the project
including the requirement for 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.
2. Big Canyon Restoration Project - Resource and recreation management
plan involves working directly with U.S. Fish and Wildlife Service. The final
plan is anticipated in 2015.
3. Semeniuk Slough - Requires a U.S. Army Corps of Engineers permit and
requires coordination with the U.S. Fish and Wildlife Service. Permitting is
anticipated in 2015.
14.14 Coordinate with Environmental Ongoing
Protection 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 Ongoing
Service (USPS) - relocation of
Mariners Mile distribution facility The distribution facility has closed and only remains open as a post office box
lobby.
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TASKS STATUS
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 providers such as Southern California Edison and Gas Company
• Telecommunications service providers on a case by case basis
• 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 Ongoing
Ranch 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. On November 21, 2013, the Orange County Superior Court
issued a Minute Order in the matter of Banning Ranch Conservancy v. The City of
Newport Beach, et al. and ordered the City to vacate all approvals of the project,
with the exception of the certification of the EIR. The ruling is under appeal, with the
appellate briefing by both parties completed in October 2014.
16.1 Improve Arterial Streets and Highways Ongoing
According to Classification
Project in design to widen Newport Boulevard to add one additional southbound
lane from Via Lido to 32"d Street, and one additional northbound lane between 301'
and 32"d Street. The project is planned to begin construction in 2015.
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TASKS STATUS
16.2 Monitor Traffic Conditions and Plan for Ongoing
and 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 Ongoing
Improvements
Project in design to widen Coast Highway at Old Newport Boulevard to provide for a
third westbound through lane, a right turn lane, and bike lane at the intersection.
Construction date unknown pending Caltrans review, and OCTA funding.
16.4 Monitor Roadway Conditions and Ongoing
Operational 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 is currently being constructed with project completion planned for
spring 2015.
3. Phase 8 is currently in design with project completion planned for winter 2015.
16.5 Maintain Consistency with Regional Ongoing
Jurisdictions(Caltrans, Orange County
to provide adequate roadway The City monitors the regional Arterial Program, OCTA's Master Plan, and the
infrastructure plans and design County-wide traffic model to ensure consistency. Public works staff coordinates with
standards such as Orange County regional jurisdictions on an as needed basis.
Master Plan of Arterial Highways)
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TASKS STATUS
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.
16.7 Traffic Control Ongoing
The following project was implemented to improve traffic congestion through
conventional and innovative methods of traffic control:
1. Traffic Signal Rehabilitation projects were combined with Phase 6 of the Traffic
Signal Modernization Project and included rehabilitation of the San Joaquin Hills
Road/Crown Drive, San Joaquin Hills Road/Marguerite Avenue and Coast
Highway/Newport Coast Drive traffic signals. New left turn phasing was added
to the San Joaquin Hills Road/Crown Drive 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 2014. 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.
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TASKS STATUS
16.10 Improve Parking Supply and Ongoing
Management
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. In 2013, this Committee
reviewed and further developed the parking strategies within the Master Plan, and
forwarded the recommendations to the City Council for review. In February 2014,
the City Council initiated amendments to the Municipal Code to implement the
parking strategies. In January 2015, the City Council approved all of the parking
strategies except the overnight resident parking program. The City Council directed
staff to survey the residents in the program area to ensure that a majority of
residents were in support of the program. The City Council will review the resident
parking program again once the results of the survey are compiled after February
2015. The City will continue to implement the approved parking strategies and
monitor the changes and impacts on an annual basis. Successful strategies may be
translated to fit other geographic areas to address their own specific parking issues.
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TASKS STATUS
16.11 Maintain Trails Ongoing
The City continues to maintain 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 Bicycle Master Plan was adopted by the City Council in October, 2014 and
authorized City Staff to move forward with the Implementation Stage of the over 130
facility recommendations and over 30 program recommendations. Upon adoption of
the plan, the Bicycle Master Plan Oversight Committee was sunseted.
16.12 Marine Transportation Ongoing
A study provided an evaluation of a water taxi and found it would require a subsidy
and was without a funding source. This effort was put on-hold.
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TASKS STATUS
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 SB7x7; 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. The January 2014 drought declaration by
Governor Jerry Brown has made cities and water districts enact water supply warnings
and impose restriction upon their customers. The Water conservation investments
made by City are proving an effective vital role in reliability, supply, cost reduction, and
treatment. Since 2007 staff continues to improve public awareness of water use and
creating opportunities for further investments through State and Federal grant
opportunities. These grants allow improvements in both incentivizing commercial and
residential users to install water efficient devices inside and outside the home or
business. The City of Newport Beach continues to set the example by including in its
design of medians and various city roadside projects of low water use devices, plant
selection and improved design limiting water runoff from landscapes.
Various Home Owner Associations (HOAs) have become aware and realize the
economic and environmental benefits to efficient water use. Since 2008 the City has
reduced its consumption by over two thousand five hundred (2500) acre feet. For a
description of the many water supply and use efficiency programs and projects please
see the 2013-2014 Project and Marketing Report at www.watersmartnewport.org.
There are many factors that drive water demand — e.g., Hydrological, economic,
environmental, political and tourism demand. 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 document outlining water supply and delivery.
18.1 Maintain and Implement Sewer Master Ongoing
Plan
The Public Works Department continues to implement the adopted Sewer Master
Plan with projects throughout the City.
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TASKS STATUS ■
19.1 Maintain Storm Drainage Facilities Ongoing
1. Five new CDS units were installed by Public Works Department at strategic
locations around Newport Bay. One additional CDS unit is in final design
stage with installation scheduled for the summer of 2015.
2. 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. In addition, the City has a
monthly alley sweeping program in place.
3. The City's 86 tidal valves are operated/maintained on a regular basis, and
repairs are made when moving parts break or fail.
4. 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".
5. 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.
6. 17,090 feet of open v-ditches and storm drain structures are
inspected/cleaned each year.
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TASKS STATUS
20.1 Design, Fund, and Construct Ongoing
Streetscape Improvements
Bristol Street South Landscaping — Completed in 2014 with updated landscaping
with California friendly plants, a City entry monument sign and recycled water
irrigation system.
Public Right of Way Improvements Balboa Boulevard from 21st Street to 12th Street
and 15th Street from Bay Front to Ocean Front — Landscape revitalization and traffic
signal upgrade and parking circulation improvements for 15th Street proposed in
2014 and anticipated to receive support from Council to move past conceptual
design in early 2015.
Lido Village:
• In August 2014, the City Council authorized the purchase of the property at
the northwest corner of Newport Boulevard and 32nd Street for the purpose
of widening Newport Boulevard consistent with the General Plan and
creating a public parking lot. Later in October 2014, the City Council gave
conceptual approval of the widening project that will provide an additional
southbound lane from just south of the Arches Bridge to 32"d Street, bike
lanes on both the northbound and southbound sides of Newport Boulevard,
and landscape improvements from Via Lido to 31" Street.
• September of 2014, the City Council approved the Lido House Hotel project,
which includes landscape improvements and enhanced pedestrian areas
along Newport Boulevard and 32"d Street fronting the former City Hall site.
The project also includes a minor realignment of 32"d Street and changes to
existing street parking spaces between Newport Boulevard and Lafayette
Avenue.
Balboa Village:
• As recommended in the Balboa Village Master Plan, the City retained RRM
Design Group to develop conceptual street improvements for Balboa
Village. The plans including revised design guidelines, streetscape
improvements, wayfinding signage and a fagade improvement grant
program were reviewed by the Balboa Village Advisory Committee and the
conceptual designs were approved by the City Council in October 2014.
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TASKS STATUS
20.1 Design, Fund, and Construct Ongoing
Streetscape Improvements (continued
from previous page) 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.
• Balboa Boulevard between West Coast Highway and McFadden Square has
now been landscaped with water friendly plants and a water efficient
irrigation system. Various architectural features have been added near the
26th Street parking lot and entry by West Coast Highway to further beautify
and enhance this area of West Newport Beach.
• The next segment of this project will take place on West Coast Highway
from the Santa Ana River to Newport Boulevard. Concept landscape plans
have now been developed; reviewed by the CAP, the public and NRC. A
Landscape Architect consultant is now working on the final design plans.
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 —Construction began in January 2014 and is anticipated to be completed in Spring
2015.
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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 2013-2014 Capital Improvement Program (CIP) prioritized the renovation of the
Lifeguard Headquarters and was substantially completed in September 2014.
23.1 Maintain and Update Ongoing
Parks and Recreation
Facility Plans 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.
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23.2 Maintain and Improve Ongoing
Parks and Recreation
Facilities In 2014, the following accomplishments were achieved:
1. Ongoing maintenance of existing facilities.
2. Sunset Ridge Park — In November 2014 the project was 93% complete. It 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.
3. Marina Park— Construction began in December 2013 and the demolition phase was completed in
2014. Project construction is ahead of schedule and park completion is anticipated by the end of
2015.
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.
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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 in an advisory capacity to City Council for all matters pertaining to parks,
beaches, recreation, parkways and street trees. The following are Commission highlights from 2014:
1. Blackball Regulations Review & Recommendation — denied recommendation to rescind
Resolution No. 95-116 and approve draft Resolution No. 2014- ; Committee was asked to
continue the study and receive additional feedback and return to Commission.
2. Newport Beach Elite Baseball Request for Temporary Lights at Coastal Peak Park —approved
request to use temporary lights in batting cages from 2/17– 3/19/14 & 11/2 – 12/12/14 from dusk
to bpm.
3. Lower Castaways —A conceptual review of the Lower Castaways– provided comments,
received and filed.
4. Spring 2014 Youth &Adult Field Use Resident/Non-Resident Statistics– received and filed.
5. Pickleball in Newport Beach –approved
6. Modification of the Youth Sports Commission Member Requirements, Field Allocation and Use
Procedures– amended and approved.
7. Newport-Mesa Soccer Club Request for Temporary Lights at Bonita Canyon Sports Park Field #5
—approved
8. Application for Listing of the Goldenrod Avenue Footbridge in the City Registry of Historical
Property–approved
9. Sculpture Donation from Sister City, Okazki, Japan – Irvine Terrace Park— placement 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.
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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.
25.1 Implement Housing Ongoing
Element Programs
The City implements Housing Element Programs through the review of proposed residential projects.
Programs are reviewed in the 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 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).
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28.2 Maintain Emergency Ongoing
Preparedness,
Response, and The City's dedicated Emergency Operations Center is completing its first full year. 2014 is highlighted
Recovery Programs by hosting two EOC drills, the preparation of Ben Carlson's Celebration of Life, City-hosted classes,
Orange County Emergency Planning meetings, and many tours from other agencies. Agencies,
including Disneyland, are using Newport Beach's EOC as a model to build their own, which is a
testament to how well Newport Beach can prepare for potential disasters.
On Tuesday, September 23, 2014 Orange County's Regional Emergency Notification System,
AlertOC, was tested with the help of 25 jurisdictions (24 cities and the County
unincorporated areas) including Newport Beach, in conjunction with National Preparedness
Month. The primary objective of the regional exercise was to test Alert OC's capability, capacity and
effectiveness to deliver emergency notifications to the public during a major disaster, and to
encourage residents to register their cell phone numbers. Approximately 33,000 (mostly landline)
phone numbers were called during the test. The City's public hotline received over 400 calls from
residents. The hotline was staffed with representatives from the City Manager's Office, Fire
Department, and Police Dispatch.
The City's Emergency Preparedness Committee (EPC) is comprised of representatives from each
department met monthly. The EPC works collaboratively to plan, train and address all city
emergency management threats.
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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
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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 2014:
1. Concerts in the Parks — The four summer concerts were held at the Civic Center Green with the
final concert in September drawing over 2,000 people.
2. The Baroque Music Festival — Five concerts held in June featuring unusual period instruments
and exploring the vast range of musical variation within the Baroque period.
3. Shakespeare by the Sea — Over 3,000 members of the community attended the 2 plays held at
Bonita Canyon Sports Park in July.
4. Newport Beach Art Exhibition — In July the award winners from the exhibition and sale displayed
their work in the Central Library,
5. 30th Anniversary Celebration of the City's relation with Sister City Okazaki, Japan - At the
celebration in October the Okazaki delegation presented a statue of Tokugawa leyasu and gifts
were exchanged from the Mayors of our respective cities.
6. Grand Opening Event — Sculpture exhibition in Civic Center Park held in September with a full
house for a presentation in the Community Room which included five of the artists from different
parts of the U.S.
7. Blue Skye plaque dedication ceremony and the Rex Brandt Centennial Celebration — In
November the lecture and panel interview drew a packed house and the exhibition of selected
Brandt pieces continue to generate interest among visitor to the Central Library.
8. Grants Awarded — In November the City Council awarded Cultural Arts Grants to the following:
Baroque Music Festival, ExplorOcean, Festival Ballet Theatre, Newport Beach Film Festival,
Orange County Museum of Art, South Coast Repertory Theater, Southland Opera.
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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
years. On November 21, 2013, the Orange County Superior Court issued a Minute Order in the
matter of Banning Ranch Conservancy v. The City of Newport Beach, at al. and ordered the City to
vacate all approvals of the project, with the exception of the certification of the EIR. The ruling is
under appeal, with the appellate briefing by both parties completed in October 2014.
30.1 Maintain Annual Ongoing
Budgets for City
Services and Annual budgets are maintained and reviewed by City Council annually. A Capital Improvement Plan
Improvements (CIP) is included in the annual budget approved by City Council each year. In June 2013 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 are assessed on a project by project basis pursuant to the Subdivision Code.
Fees) 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 years.
3. In December 2014, City Council asked for a review and possible modifications for residential and
commercial piers; and mooring fees and regulations.
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31.1 Consider the Ongoing
Establishment of
Community Facilities The City is proposing to build a new community center in West Newport. Staff conducted public
and Special outreach to determine the location (two sites were originally proposed - Superior and Coast Hwy and
Assessment at the end of 16th Street on a portion of the City's utilities yard) and potential amenities. The City
Districts Council reviewed the item at its May 27, 2014 meeting and based on community input, the City
Council removed the Superior site from consideration and directed staff to develop preliminary plans
for the 16th Street location and to look into the potential of using a site on 15th Street.
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CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL STATUS REPORT
Housing Element Report
2014 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 State 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.
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A. Annual Building Activity Reports for New Housing Units
Data from the Community Development Department was used to prepare the following table, illustrating the number of
new housing units and demolished housing units reported to the State Department of Finance (DOF) in Calendar Year
2014:
CONSTRUCTED HOUSING UNITS
2014
CALENDAR YEAR NEW UNITS DEMOLISHED UNITS NET INCREASE IN UNITS
2014 115 119 -4
ANNUAL BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS
2014
1. 2. 3. 4. 5. 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 98 9 = 17 TOTAL 0 0 0 115 115
PERMITTED FOR UNITS
ABOVE MODERATE
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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 2014-2021 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 5 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 2014-2021 Planning Period.
TOTAL RHNA CONSTRUCTION NEED BY INCOME
2014-2021
VERY LOW LOW MODERATE ABOVE MODERATE TOTAL
1 1 1 2 5
20% 20% 20% 40% 100%
CITY'S PROGRESS IN MEETING ITS SHARE OF RHNA FOR PERIOD 2014-2021
VERY Low Low MODERATE ABOVE MODERATE TOTAL
PROJECTED NEED 1 1 1 2 5
NEW UNITS (14') 0 0 0 0 0
REMAINING NEED 1 1 1 2 5
C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS TO REMOVE GOVERNMENTAL
CONSTRAINTS
The 2014-2021 Housing Element Update was found in full compliance with state law and on September 24, 2013, the City
Council adopted the 2014-2021 Housing Element Update. The Annual Status Report for Calendar Year 2014 will provide
a review of the 2014-2021 Housing Element programs.
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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, abatement violations and nuisances. A quarterly report
on code enforcement activities is available and kept on file at the City.
1.1.2 Investigate the use of federal funds and Ongoing
local funds, including Community
Development Block Grants (CDBG) and the City staff began drafting a Request for Proposals (RFP) to obtain projects
Affordable Housing Fund, to provide and proposals for affordable housing projects or programs to spend the
technical and/or financial assistance, if Affordable Housing Fund. The City intends to select a qualified project or
necessary, to existing lower- and moderate- program to use the funds in 2015.
income, owner-occupants of residential
properties through low-interest loans or
emergency grants to rehabilitate and
encourage the preservation of existing
housing stock.
1.1.3 Require replacement of housing demolished Ongoing
within the Coastal Zone when housing is or
has been occupied by very low—, low-, and The City uses Chapter 20.34 "Conversion or Demolition of Affordable
moderate-income households within the Housing" by monitoring demo requests and permits. In 2014 four projects
preceding 12 months. The City shall prohibit were evaluated and none were found to be occupied by lower income
demolition unless a determination of units therefore no replacement units were required.
consistency with Government Code Section
65590 has been made. The specific
provisions implementing replacement unit
requirements are contained in Chapter
20.34 of the Municipal Code
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PROGRAM STATUS
1.1.4 The City will continue to implement the Ongoing
Residential Building Records (RBR)
program to reduce and prevent violations of This City report allows the City to verify that its residential buildings meet
building and zoning ordinances by providing zoning and building code requirements, life safety requirements as set
a report to the all parties involved in a forth by the City's Municipal Code and fulfill the State's requirement that all
transaction of sale of residential properties, homes have both smoke detectors and seismic strapping of water heaters
and providing an opportunity to inspect (California Health and Safety Code, Section 19211). In 2014 there were
properties to identify potentially hazardous 1,392 RBRs processed.
conditions, resources permitting. The report
provides information as to permitted and
illegal uses/construction, and verification
that buildings meet zoning and building
requirements, including life safety
requirements.
2.1.1 Maintain rental opportunities by restricting Ongoing
conversions of rental units to condominiums A vacancy rate survey is completed upon receiving an application for the
in a development containing 15 or more conversion of 15 or more rental units to condominiums. No projects of 15
units unless the vacancy rate in Newport or more units were submitted in 2014.
Beach for rental housing is an average of
5 percent or higher for four (4) consecutive
quarters, and unless the property owner
complies with condominium conversion
regulations contained in Chapter 19.64 of
the Newport Beach Municipal 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 lower- and moderate-income
housing requirements.
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PROGRAM STATUS
2.1.3 Participate with the County of Orange in the Ongoing
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). The owner occupied units have been found in compliance for
2014 and the rental unit responses are due by March of 2015, monitoring
will be complete for 2014 by the end of Spring 2015.
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.
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PROGRAM STATUS
2.2.1 Maintain a brochure of incentives offered by Ongoing
the City for the development of affordable
housing including fee waivers, expedited A brochure is maintained and provided on the City website and in the
processing, density bonuses, and other public lobby.
incentives. Provide a copy of this brochure
at the Planning Counter, the website and
also provide a copy to potential developers.
2.2.2 The City shall provide more assistance for Ongoing
projects that provide a higher number of The City will provide financial assistance based on a project by project
affordable units or a greater level of analysis, depending on need and overall project merits. There were no
affordability. At least 15 percent of units qualified projects in 2014.
shall be affordable when assistance is
provided from Community Development
Block Grant (CDBG) funds or the City's
Affordable Housing Fund.
2.2.3 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. In 2014 four projects
were evaluated and none were found to be occupied by lower income
units therefore no replacement units were required.
2.2.4 All required affordable units shall have Ongoing
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. No new projects were approved in
2014.
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PROGRAM STATUS
2.2.5 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
Balboa Peninsula areas.
2.2.6 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.
2.2.7 New developments that provide housing for Ongoing
lower-income households that help meet
regional needs shall have priority for the Implement as projects are submitted and no new projects were proposed.
provision of available and future resources
or services, including water and sewer
supply and services.
2.2.8 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. In
development of housing that is affordable to 2014, the MacArthur Square project was submitted within the Airport Area
very low-, low-, and moderate-income under the residential overlay exempting the 10-acre site requirement. The
households and senior citizens. project consists of up to 384 residential units and 4,315 square feet of
retail use on a 5.7-acre property, including 30 percent of the units
affordable to lower income households. The request also includes a
Density Bonus. The project is in process but has not been scheduled for
public hearings yet.
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PROGRAM STATUS
2.3.1 Study housing impacts of proposed major Ongoing
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 has created new housing
the magnitude of jobs to be created by the opportunities in the City. No major projects in 2014.
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 2014. 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.
required by state law, or (2) provide other
incentives of equivalent financial value.
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PROGRAM STATUS
3.1.3 Develop a pre-approved list of incentives Ongoing
and qualifications for such incentives to
promote the development of affordable Waivers and incentives are considered by the Planning Commission and
housing. Such incentives include the waiver City Council on a project-by-project basis. Staff is working with HCD to
of application and development fees or develop a pre-approved list of incentives and qualifications for such
modification to development standards incentives by 2015. No waivers or incentives were granted during the
(e.g., setbacks, lot coverage, etc.). 2014 calendar year.
3.2.1 When requested by property owners, the Ongoing
City shall approve rezoning of developed or
vacant property from nonresidential to The City continually monitors requests for zone changes of vacant and
residential uses when appropriate. These developed properties from nonresidential to residential and approves
rezoned properties shall be added to the list when determined to be compatible and feasible. When approved, these
of sites for residential development. 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 within North Newport Center. The amendment now allows for
the total construction of up to 524 residential units within the San Joaquin
Plaza sub-area. On December 12, 2013, plans were submitted for the
construction of a 524 unit apartment complex and building permits and
demolition permits were issued in November 2014. Construction
commenced in late 2014 and is anticipated to be complete in 2016.
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11
PRO, -M STATUS
3.2.2 Recognizing that General Plan Policy Ongoing
LU6.15.6 may result in a potential constraint
to the development of affordable housing in In 2014, the MacArthur Square project was submitted within the Airport
the Airport Area, the City shall maintain an Area under the residential overlay exempting the 10-acre site requirement.
exception to the minimum 10-acre site The project consists of up to 384 residential units and 4,315 square feet of
requirement for projects that include a retail use on a 5.7-acre property, including 30 percent of the units
minimum of 30 percent of the units affordable to lower income households. The project is in process but has
affordable to lower-income households. It is not been scheduled for public hearings yet.
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 exception includes
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.
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PROGRAM STATUS
3.2.3 The City will encourage and facilitate Ongoing
residential and mixed-use development on
vacant and underdeveloped sites listed in Appendix H3 is the Sites Analysis and Inventory which identifies sites that
Appendix H3 by providing technical can be developed for housing within the planning period and that are
assistance to interested developers with site sufficient to provide for the City's share of the regional housing need
identification and entitlement processing. allocation to provide realistic opportunities for the provision of housing to
The City will support developers funding all income segments within the community. Appendix H3 can be found in
applications from other agencies and the Housing Element available at the Planning Division or online at
programs. The City will post the Sites http://www.newportbeachca.gov/index.aspx?page=2087
Analysis and Inventory on the City's
webpage and marketing materials for The City has completed the following:
residential and mixed-use opportunity sites,
and will equally encourage and market the 1. A user-friendly Sites Analysis and Inventory is on the City's website.
sites for both for-sale development and 2. A brochure is available on the website and in the public lobby that
rental development. To encourage the promotes the incentives and opportunities for affordable housing
development of affordable housing within projects, which includes information of the City's Sites Analysis and
residential and mixed-use developments, Inventory.
the City shall educate developers of the 3. A layer and note has been added in the City's Geographic Information
benefits of density bonuses and related System (GIS) to identify sites within the inventory to assist staff in
incentives, identify potential funding providing information to interested developers.
opportunities, offer expedited entitlement
processing, and offer fee waivers and/or The City will encourage density bonus and offer incentives to interested
deferrals. developers.
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PROGRAM STATUS
3.2.4 The City will monitor and evaluate the Ongoing
development of vacant and underdeveloped
parcels on an annual basis, and report the During 2014 the City's strategies for encouraging the development of
success of strategies to encourage identified vacant and underutilized sites are proving successful. The City
residential development in its Annual has approved development projects for the three vacant sites identified in
Progress Reports required pursuant to the Sites Inventory and Analysis: 1. Corona del Mar site was approved
Government Code 65400. If identified and is in plan check for the development of six detached residential
strategies are not successful in generating condominiums units. Construction is anticipated to begin in 2015.
development interest, the City will respond Additionally, the MacArthur Square project was submitted in September
to market conditions and will revise or add 2014 for development on a site identified as underutilized in the Airport
additional incentives. Area which proposes up to 384 residential units and 4,315 square feet of
retail use on a 5.7-acre property, including 30 percent of the units
affordable to lower income households. The project is in process but has
not been scheduled for public hearings yet.
The City also has significant projects on sites identified as underutilized:
Uptown Newport was approved in February 2013, includes the
development of 1,244 residential dwelling units and phase 1 demolition
was approved in September 2014. 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 square feet
of commercial floor area. Building permits were issued in 2012 and
construction continued in 2014 with anticipated completion in 2015.
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PROGRAM STATUS
4.1.1 Annually contact owners of affordable units Ongoing
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 2014-2021 Housing Element. LDM Associates (consultant)
information regarding their plans for included this information that was sent to the owners as a part of the
continuing affordability on their properties, annual monitoring. The requested information commenced communication
inform them of financial resources available, with two property owners of projects that are due to expire in 2016 and
and to encourage the extension of the staff provided them with information on the resources to continue their
affordability agreements for the affordability and placed them on a list to distribute the RFP for the
developments listed in Table H12 beyond affordable housing in-lieu fund.
the years noted.
4.1.2 The City shall maintain registration as a Ongoing
Qualified Preservation Entity with HCD to
ensure that the City will receive notices from The City of Newport Beach is registered as a Qualified Preservation Entity
all owners intending to opt out of their with HCD in 2012. When notification is received, City staff will evaluate the
Section 8 contracts and/or prepay their potential use of monies to preserve the affordable units.
HUD insured 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
Community Development Block Grant
(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.
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PROGWM STATUS
4.1.3 Continue to maintain information on the Ongoing
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 to information is posted on the City website.
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 and pursue these programs,
if found feasible, for the preservation of The City attends OCHA meetings and has continued to investigate
existing lower-income housing, especially available programs and evaluate the feasibility of participating in such
for preservation of lower-income housing programs.
that may convert to market rates during the
next 10 years. In addition, continually
promote the availability of monies from the
Affordable Housing Fund as a funding
source for the preservation and
rehabilitation of lower-income housing. A list
of these programs, including sources and
funding amounts, will be identified as part of
this program and maintained on an ongoing
basis.
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PROGRAM STATUS
4.1.5 The City shall inform and educate owners of Ongoing
affordable units of the State Preservation
Notice Law (Government Code Section Staff is working with LDM Associates (consultant) to create a notice to go
65863.10-13), if applicable. Pursuant to the out with the annual monitoring. Additional research is required to verify the
law, owners of government-assisted law is compliant with existing older affordability covenants and completion
projects cannot terminate subsidy contract, is anticipated in Summer 2014.
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 5 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.
4.1.6 In accordance with Government Code Ongoing
Section 65863.7, require a relocation impact
report as a prerequisite for the closure or Zoning Code Section 20.28.020 ensures compliance with the Government
conversion of an existing mobile home park. Code Section. One relocation impact report was submitted in September
2014 for the closure of the Ebb Tide Mobile Home Park and City Council
found it sufficient pursuant to Government Code Section 65863.7 in
January 2015.
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PROGRAM STATUS
4.1.7 Participate as a member of the Orange Ongoing
County Housing Authority Advisory
Committee and work in cooperation with the Staff attends the quarterly meetings of the OCHA Cities Advisory
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 will, 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
increase the number of housing units within on the City website to provide information on the Section 8 program.
the City that will be eligible to participate in
the Section 8 program. The Newport Beach
Planning Division will 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.
4.2.1 Implement and enforce the Water Efficient Ongoing
Landscape Ordinance and Landscape and
Irrigation Design Standards in compliance The City continued to investigate available programs and evaluate the
with AB 1881 (2006). The ordinance feasibility of participating in such programs. No funds were approved for
establishes standards for planning, rehabilitation projects in 2014.
designing, installing, and maintaining and
managing water-efficient landscapes in new
construction and rehabilitated projects.
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PROG
WIVI STATUS
4.2.2 Affordable housing developments that Ongoing
receive City assistance from Community
Development Block Grant (CDBG) funds or Implement as projects are submitted and no new projects were proposed.
from the 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.
4.2.3 Investigate the feasibility and benefits of Ongoing
using a portion of its CDBG or other local
funds for the establishment and Continuously monitor requests for assistance and Code Enforcement
implementation of an energy conserving quarterly reports to determine need. No projects in 2014.
home improvements program for lower-
income homeowners.
4.2.4 Maintain 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
LEED certification, which will in turn provide technical assistance when requested.
increase the LEED points granted to
projects.
4.2.5 To encourage voluntary green building Ongoing
action, the City shall maintain a green
recognition program that may include public Staff is currently working on construction of a new webpage that will
recognition of LEED certified buildings (or provide recognition to LEED certified buildings by displaying their project
equivalent certification), payment of a with pictures and their name or other information they would want
display advertisement in the local advertised. An informational flyer is also being drafted to encourage green
newspaper recognizing the achievements of building that will advertise the new webpage and will be provided in the
a project, or developing a City plaque that public lobby.
will be granted to exceptional
developments.
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PROGRAM STATUS
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 2014-2015, 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), and Fair Housing Foundation.
The Human Options organization has been funded to assist homeless
battered women and children.
5.1.2 Cooperate with the Orange County Housing Ongoing
Authority to pursue establishment of a
Senior/Disabled or Limited Income Repair The City refers low income residents to Orange County for rehabilitation of
Loan and Grant Program to underwrite all or mobile homes, to Neighborhood Housing for first time buyer programs,
part of the cost of necessary housing and to Rebuilding Together for handyman service for low income and
modifications and repairs. Cooperation with senior households.
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.
5.1.3 Permit, where appropriate, development of Ongoing
senior accessory dwelling "granny" units in
single-family areas of the City. The City will There were no permits issued in 2014. Staff has drafted a brochure that
promote and facilitate the development of promotes senior accessory dwelling units that are in final design and will
senior accessory dwelling units by providing be provided in the public lobby and on the City's webpage.
brochures and/or informational materials at
the building permit counter, online, and
other appropriate locations detailing the
benefits and the process for obtaining
approval.
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PROG
WIVI STATUS
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 on February 19,
AIDS (HOPWA) funds within Orange 2015 and participated in providing recommendations for the allocations of
County. HOPWA funds.
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 as a component of new affordable
housing developments, and grant additional No projects were submitted that included the establishment of a day care
incentives in conjunction with a density center.
bonus per the Chapter 20.32.
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PROGRAM STATUS
5.1.7 Encourage senior citizen independence Complete
through the promotion of housing services
related to in-home care, meal programs, The City provided $16,000 in CDBG funds to Age Well Senior Services
and counseling, and maintain a senior Home delivered meals program. The Mobile Meals program provides
center that affords seniors opportunities to home-delivered meals to individuals who are homebound due to age,
live healthy, active, and productive lives in illness, or disability.
the City.
Oasis Senior Center—
• A multi-purpose center dedicated to meeting needs of senior
citizens and their families.
• 75 percent of its clients are residents of Newport Beach. It offers
classes in art, exercise, mature driving, topics of enrichment, and
computers and arranges social groups for those who share
hobbies and interests.
Travel department coordinates day and overnight trips. Offers
transportation programs for Newport Beach seniors who have
disabilities that limit their access to public transportation. This
shuttle program provides transportation from senior citizens'
homes to the Senior Center.
• A Care-A-Van program is available for those senior citizens who
require transportation for medical appointments, grocery shopping,
and banking.
• Distributes information about job openings that might interest
seniors who wish to supplement their retirement income or to
remain active through part-time work.
Offers various health services for seniors. Support groups meet
regularly at the Center to help senior citizens and their families
cope with stress, illness, life transitions, and crises. Informational
and supportive counseling is available to seniors and their family
members on an individual basis.
Offers a lunch program for active and homebound senior citizens
ages 60 and older that is funded by the federal government
through the Older American Act. A donation is requested for
meals, which are provided by South County Senior Services.
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PROGRAM STATUS
5.1.8 The City shall work with the Regional Ongoing
Center of Orange County (RCOC) to
implement an outreach program informing Information was added to the City website under Housing Assistance
families within the City of housing and regarding resources through the RCOC which began implementation of an
services available for persons with outreach program. The City began to work on implementing an outreach
developmental disabilities. Information will program with the RCOC.
be made available on the City's website.
The City shall also offer expedited permit
processing and fee waivers and/or deferrals
to developers of projects designed for
persons with physical and developmental
disabilities.
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 2013-2014. The Fair Housing Foundation provided the
fair housing service agency to assist with following training seminars in the City in 2014:
the periodic update of the Analysis of . Two Outreach Booths at the Newport Beach Farmers Market on
Impediments to Fair Housing document 6/8/14 and the National Night Out event on 8/5/14
required by HUD. The City will continue to . Three Presentations—6/5/14 (2) and 8/23/14
provide public outreach and educational . Two Tenant Rights Workshops — 3/5/14 and 12/4/14
workshops, and distribute pamphlets . Two Landlord Workshop—2/12/14 and 6/4/14
containing information related to fair . Two Walk In Clinics - 3/25/14 and 9/18/14
housing. . Three Management Training — 1/29/14, 5/7/14, and 11/3/14.
• One Disability Policy Workshop on 6/10/14
Pamphlets containing information on Fair Housing and Dispute Resolution
Services are available at the public counter.
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PROGRAM STATUS
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.
95