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33 - General Plan Update
CITY OF NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL STAFF REPORT Agenda Item No. 33 June 27, 2006 TO: HONORABLE MAYOR AND MEMBER OF THE CITY COUNCIL FROM: City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport- beach.ca.us SUBJECT: General Plan Update: Land Use, Circulation and Housing Elements PROPONENT: City of Newport Beach DISCUSSION: The Planning Commission continued their review of the Land Use Element on June 22, 2006, addressing three items that will be considered by the City Council at this hearing. These were revised policies for the Airport Area, a request from Harbor Day School and the Land Use Categories Table and Map. The direction to staff and recommendations of the Commission are discussed below. Airport Area Policies Property owners suggested revised language for the policies governing residential development in two areas. Neither of these was resolved by the Planning Commission, but they did provide staff with direction for drafting revised policies to be considered at the Commission meeting on July 6. This direction is described below, and staff welcomes any additional direction from the City Council. World Premier Investments World Premier Investments (WPI) has a General Plan amendment application on file for a mixed use (residential and retail) project at the southwest corner of Jamboree Road and Campus Drive. They have acquired the office property to the west, and now own the half block north of the courthouse between Jamboree Road and Teller Avenue. This property is shown as an opportunity site for residential development on Figure LU23, the residential village concept diagram, and staff thinks it would be a logical part of the village including the properties on the west side of Teller Avenue. However, the General Plan Update June 27, 2006 Page 2 WPI site is 4.1 acres and does not meet the proposed requirement for the first phase of a village to be a minimum of 5 acres. More recently, WPI has been in discussion with representatives of Orange County about the potential expansion of the courthouse and /or developing a shared parking facility for the courthouse and a mixed use development. WPI requested that the entire block, including the courthouse site, be considered an opportunity site so that the portion of the courthouse site used for WPI's parking could count towards the 5 acre minimum. Staff believes that this kind of a development proposal could be found to meet the City's goals for the Airport Area, but we have some concerns with WPI's proposed approach for the General Plan. We do not think it is appropriate to consider this a residential opportunity site without changing its land use designation from Public Facilities (PF) to Mixed Use. Such a change would make it possible for the entire site to be developed with residential use and would have traffic implications. Because the courthouse would not be removed, any residential use on this site would be infill units, which the City Council has previously limited to the Koll and Conexant properties. The Planning Commission was interested in studying how the General Plan could accommodate a development proposal that would allow residential use on the WPI property and provide additional courthouse parking, but shared staffs concerns about changing the land use designation on the courthouse site. They requested that staff prepare policy language that would allow for shared parking and for land used for residential parking to count towards the 5 acre minimum. Koll and Conexant Each property presented the Planning Commission with different language for Policy 6.15.16, which requires one comprehensive plan for these properties if residential use is proposed on any property within the comprehensive plan area (the Jamboree, MacArthur, Birch triangle). The Koll Company was supportive of one plan for the area, but requested that it be called a conceptual plan and that each property owner have the ability to develop its own development plan independently. Conexant, on the other hand, proposed that each property have its own Specific Plan and /or conceptual plan, with a requirement that the property owners cooperate and exchange drafts, but be allowed to submit independent applications without the consent of the other owner. Some Commissioners felt strongly that, because these properties would be given an extraordinary benefit with the ability to develop 550 infill residential units, they should be required to do coordinated planning to ensure that the City's goals for the Airport Area are met. The concept of a disincentive for not working together was also suggested. For example, a limited number of infill units, or none, could be allowed if a property owner did not participate in a comprehensive planning effort. The Commission requested that staff prepare a revised policy that would require one conceptual plan for the entire area where infill units are allowed, but would allow each owner to prepare its own regulatory plan. General Plan Update June 27, 2006 Page 3 This approach raises the question of whether a maximum of four residential villages is appropriate. Ideas that were considered included deleting the maximum number of villages, but adding a minimum village size of 10 acres, adding a fifth village that would encompass the Koll residential opportunity sites, maintaining the current maximum of four, or reducing the maximum number of villages. Staff will be working with the property owners and the consultant team on both of these issues. Newport Center Hotel Room Conversion Policy The Planning Commission, during their discussion on the proposed policy relating to conversion of future hotel rooms to residential entitlement in Newport Center, recommended that Development Agreements be required for such conversions. The purpose would be to consider the potential loss of Transient Occupancy Tax (TOT) that would result from such a conversion, and to require some form of revenue replacement, if appropriate. The new language is shown underlined below. LU Conversion of Hotel Rooms Consider the conversion of hotel entitlement to residential entitlement when it is demonstrated that no additional vehicle trips will result from the conversion. Hotel rooms existing at the time of adoption of this plan may not be converted to residential use. Require the execution of Development Agreements for the conversion of hotel rooms to residential entitlement to define the public benefits to be provided by the developer in exchange for any loss of revenue resulting from the conversion. West Newport Residential (Seashore /Oceanfront) Staff has been contacted by some property owners who oppose changing the designation of existing R -2 properties to R -1. Additionally, the Planning Commission had two persons testify at the June 22nd meeting expressing strong opposition to this possibility. Harbor Day School The Planning Commission reviewed the request to increase the permitted floor area ratio for this property, concluding that the increase was appropriate so long as adequate parking and on -site circulation was provided. These issues can be addressed in subsequent Use Permit amendments which would be required for additional development at the school. Land Use Categories Table and Map The Planning Commission reviewed the proposed land use category system and map presented to Council in the main report prepared for this meeting. The Commission paid General Plan Update June 27, 2006 Page 4 particular attention to the new descriptions for the residential building types, and is supportive of the simplified system. They also expressed support of the reduced number of commercial land use categories in association with building limits depicted graphically on the Map. This allows translation for the City's more detailed development limits with a minimum of text description. The Planning Commission recommended that City Council adopt this mapping system, with the addition of a citywide statistical area map. New Residential Subdivisions The revised land use categories and map use the Single, Two and Multiple unit classifications similar to those found in the existing General Plan instead of the previously proposed density ranges found in the draft. Density ranges were abandoned, because they could have allowed more residential units than the existing General Plan in areas where no changes were intended. The new mapping system is more precise with regard to number of units, and a policy is needed to regulate the addition of dwelling units. A similar policy is included for most residential areas in the existing General Plan, and some comments on the Draft EIR have noted its absence in the draft General Plan. Staff and the Planning Commission recommend that the following policy be added. No new residential subdivisions that will result in additional dwelling units are allowed unless authorized by a General Plan amendment. Legal lots that were legally merged through Subdivision Map Act and City Subdivision Code approvals are exempt from the General Plan amendment requirement and may be resubdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit and Multiple Unit Residential land use categories. 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DISCUSSION: The Planning Commission continued their review of the Land Use Element and reviewed Housing Element policies on June 15, 2006, and made recommendations to the City Council, which are discussed in the body of this report. Staff received additional direction for changes to policies for the Airport Area, which have been prepared and will be considered by the Planning Commission on June 22, 2006. The Commission will also consider a request from Harbor Day School as well as the Land Use Categories Table and Map. A supplemental report on the Planning Commission's actions on these items will be delivered to City Council on June 23, 2006. Areas and Issues for Discussion at this Hearing At this hearing, staff recommends that the City Council consider land use policy additions and revisions for transfer of development rights, Airport Area land use policies and new hotel room conversion in Newport Center. Additional land use adjustments for West Newport, Corona del Mar and Harbor Day School should also be considered. The final areas for discussion on the Land Use Element are the Land Use Categories Table and Map. After completion of these Land Use Element topics, staff suggests that the Council review the Circulation Element, including improvements that can bring additional intersections to level of service D, and the policies in this element. Lastly, staff is seeking the Council's direction on inclusionary housing requirements contained in the Housing Element, as well as any policy revisions the Council wishes to make. General Plan Update June 27, 2006 Page 2 Land Use Element 1. Transfer of Development Rights (TDRs) At the June 13, 2006 Council Meeting, staff requested direction on whether a broadly applicable policy on transfer of development rights should be included in the General Plan. Based on the fact that the existing General Plan includes a similar policy, and due to the utility such a policy might serve for the implementation of other General Plan goals and policies, City Council directed that a policy be drafted. This was done and the following policy was considered and recommended by the Planning Commission on June 15th. LU_ Transfer of Development Rights Consider the transfer of development rights from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area b. The reduced density /intensity on the donor site benefits the City such as the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities; (2) preservation of an historic building or property or natural landscapes; (3) improvement of the area's scale and development character; and /or (4) reduction of local vehicle trips and, traffic congestion; and c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this Plan, and does not adversely degrade local traffic conditions and environmental quality. 2. Airport Area Policies The Airport Area policies reflect the change in number of residential units and a new land use designation for the Campus Tract requested by the Planning Commission and City Council, as well as additional and revised policies that respond to comments on our General Plan from the Airport Land Use Commission (ALUC). The City Council has directed staff to include policies in the General Plan that will enable Newport Beach to be deemed a "consistent agency" by ALUC; most of these policies appear in the Airport Area section of the Land Use Element. In response to issues raised by the Planning Commission on June 15th, the Airport Area policies regarding the residential villages have been redrafted. The Commission had questioned the Comprehensive Plan requirement for the Koll and Conexant properties in the revisions considered on the 15th, noting that other parties own property within Koll Center Newport, and it might be too much of a challenge for multiple property owners to develop one plan. The consultant and staff realized that only buildings and their footprint lots are owned by parties other than Koll and Conexant, and that these properi:ies are not likely to be developed with residential use in the near term. An owner who is interested in residential development could join with General Plan Update June 27, 2006 Page 3 Koll and Conexant in the Comprehensive Plan, or amend it in the future. Therefore, we retained the Comprehensive Plan requirement as drafted. Another question was whether the densities for overall development and for the first phase of development were inconsistent. We have clarified that all density requirements for all phases of development are on average for the development phase, and believe that Policies 6.15.12, 6.15.13 and 6.15.14 are now consistent with one another. Also, revisions to the policies for site planning and architecture in the Campus Tract, regulating total development when mixed use buildings are developed in residential villages, minimum acreage for residential villages, density for first phase of residential development, development agreement requirements and design standards for neighborhood parks are proposed (Policies 16.15.8,10,11,15, 17 and 18). The policy revisions are in Attachment 1. 3. Newport Center During the consideration of the Newport Center sub -area, the Planning Commission indicated a desire to have a policy which would allow the conversion of future hotel rooms to residential entitlement. The Commission also thought a development agreement requirement for new residential development in Newport Center is appropriate. Staff drafted policies and presented them to the Commission on June 15 h. The Planning Commission recommended the following two policies to Council: LU_ Development Agreements Require the execution of Development Agreements for residential and mixed use development projects that use the 450 units identified in Figure LU 21. Development Agreements shall define the improvements and benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the housing units. LU Conversion of Hotel Rooms Consider the conversion of hotel entitlement to residential entitlement when it is demonstrated that no additional vehicle trips will result from the conversion. Hotel rooms existing at the time of adoption of this plan may not be converted to residential use. 4. West Newport Residential (Seashore /Oceanfront) The draft General Plan includes a re- designation to Single Unit Residential Detached (RS -D) for the area between the Santa Ana River and 55th Street and Ocean ward of Seashore Drive. The reduction in projected units that results from this recommendation is 146 units. There have been on -going discussions about expansion of this concept further eastward in West Newport and on the Balboa Peninsula, including all lots currently designated for two family. This was discussed by the City General Plan Update June 27, 2006 Page 4 Council on June 13th. At that time, the representing Council Members wanted to further inform property owners of this consideration before determining a final action. Staff and the Council Members have concluded that there is no practical way to conduct such an outreach in the short time left before the Council must act on the General Plan Update. Therefore, an alternate course of action is proposed. Since the strongest trend towards single unit development is on properties which front on the beach, the City Council could consider a single unit designation for just those properties. The range of properties is 49th Street to 28th Street (55th Street to 49th Street is already designated for single unit development). Should the City Council decide in favor of a change for this area, the residential projection would be reduced by an additional 149 dwelling units. The total reduction for the West Newport area would be 295 units. 5. Corona del Mar Commercial District During the discussion of the Corona del Mar sub -area, the City Council considered removing the Neighborhood Commercial (CN) designation for a few properties and placing them in a different land use category. One, the property at 2900 East Coast Highway (Gallo's Deli) was not acted on pending discussion with the property owner. Those discussions have now concluded, and the owner wishes to have the land use category for the easterly two parcels, which have no existing buildings, changed to a multi - family residential classification at a density similar to the condominium project immediately to the east. The resulting classification would be RM (8 du). This is residential multi -units with 8 units allocated to the site. The parcel with the existing commercial building would remain CN. Staff recommends that the City Council accept this change. 6. Harbor Day School The City Council received a letter from Harbor Day School on June 13, 2006 (Attachment 2), requesting consideration of an increase in the permitted floor area ratio from 0.3 to 0.35. Both the existing and proposed General Plan allow 0.3 FAR for this property. The existing 0.3 FAR was established at the time of construction of the gymnasium on the school's campus. The letter indicates that, while there is no intent to increase the number of students, the long -term needs of the school require the addition of enhanced educational facilities such as library facilities, studios and laboratories. Staff does not expect this change to significantly increase the amount of traffic the facility would generate. If the request is supported by the City Council, staff should be directed to change the proposed land use for this property to PI -0.35. Staff will report the recommendation of the Planning Commission in the supplemental report to be delivered on June 23`d Staff would like the City Council to be aware that adjustments to the land use plan, even if they are as small as the one requested by Harbor Day School, have to be included in the Charter Section 423 analysis. In -house staff has been spending a General Plan Update June 27, 2006 Page 5 considerable amount of time on this analysis, and Urban Crossroads needs to finish the peak hour trip analysis, so that the City Council can discuss and decide on ballot language. While staff certainly understands that the public hearings are still open, and the Council should continue to listen to the public and entertain requests for changes, we want to emphasize that additional changes to the plan should be made only if deemed absolutely necessary. 7. Land Use Categories Table and Map The goal of the draft land use map is to portray the allowed land use intensities and densities graphically as much as possible and create a planning tool that is useable to both City staff and the public. The Land Use Map and accompanying Land Use Categories table have been devised to depict both graphically and descriptively the land uses recommended by the City Council up to this point. The City's vast array of distinctive neighborhoods, villages, commercial districts and newly proposed mixed -use areas has created many special circumstances. The consequence is the need for a multitude of land use categories that accurately state the regulations recommended by the City Council. For example, though both the Corona del Mar commercial area and Fashion Island are dominated by retail and service commercial uses, they are very different functionally and in their scale, design and character. Similar differences in scale and character can be found in residential, office and mixed -use areas. In order to better illustrate the designations, the map has been broken down into twelve 11 x 17 area maps. The draft plan also includes the Anomaly Table (A2 in the draft, although staff recommends it be moved to the body of the Land Use Element) which is necessary given the large number of site specific densities or square footage limitations. Residential Designations The residential designations have been revised from the original density categories, traditionally used in general plans, to a system that maintains the status quo for those areas not specifically identified for change by the City Council. In order to achieve this, a policy similar to one that applies to the majority of the residential districts in the existing general plan will be added that prohibits subdivisions resulting in additional dwelling units. As their names imply, Single Unit designations will allow one unit and Two Unit designations will allow two units. Multiple Unit designations will allow either a specific density or a specified number of units. The density or dwelling unit cap will be indicated directly on the map. General Plan Update June 27, 2006 Page 6 Commercial Designations The commercial designations have also been revised to accurately depict the land use recommendations made by the City Council. As a consequence of the multitude of square footage adjustments and the sheer number of site specific floor area ratio or square footage limits, the revised map indicates both the land use designation and the FAR directly on the map unless the FAR of a particular property adequately fits into a category's specified maximum. Commercial properties with square footage limitations have generally been added to the Anomaly Table and have been identified on the map with a circled number. Mixed -Use Designations The large number of mixed -use designations is another result of the special circumstances that each of the mixed -use areas present and the unique geography and policy considerations for each area. For clarity, the Mixed Use categories have been broken up into Vertical, Horizontal and Water Related categories. Staff believes this will make the type of category clear immediately and make it easier to use the plan. Public, Semi - Public, and Institutional Like the Commercial designation, any specific FAR's will either be depicted on the map or in some cases be included in the Anomaly Table. The revised table includes those changes made to the Public Facilities (PI) and Parks and Recreation (PR) categories. Map and Tables Please refer to Attachment 3 for information of the use of the map and table. Attachment 4 is map examples. Although work on the map continues, we have attached two 1107 areas so the City Council can review the structure and function of the system. Circulation Element At the last meeting, City Council reviewed the Circulation Element. The primary discussion was on the potential to add improvements to the intersections of Coast Highway and Riverside Avenue and Coast Highway and Dover Drive. The Council requested information on what improvements would be needed for these intersections to operate at level of service D. An improvement that would achieve LDS D at Coast Highway /Riverside was considered in the traffic study for the General Plan update. The improvement that most effectively provides General Plan Update June 27, 2006 Page 7 this LOS is the addition of a 2nd eastbound left turn lane from Coast Highway up Riverside Avenue. This improvement is in the existing Circulation Element, but staff did not include it in the draft Circulation Element for the following reasons: (1) it has not been proposed for implementation; (2) it could impact safety for pedestrians and /or bicyclists if sidewalk and /or lanes are made more narrow; and (3) residents of the Newport Heights neighborhood have previously opposed this improvement because they believe the extra turning lane will result in additional traffic through their neighborhood streets. If the City Council wishes, this improvement could be added to Figure CE -3, which shows improvements in a generalized way, with Policy CE 2.1.5 allowing an alternate improvement that achieves the same level of service and mitigates concerns about the improvement. Addition of this improvement would allow a revision to Policy CE 2.1.1, and add the Coast Highway /Riverside intersection to the vast majority of intersections for which the City's standard is LOS D. The City's traffic consultant on the General Plan update, Carleton Waters of Urban Crossroads, Inc., has advised us that adding this improvement would not change the findings of the traffic study or the Environmental Impact Report, because this type of local improvement would not change the study area traffic patterns or volumes. The effect of creating the double left turn lanes would be to reduce the amount of time that westbound traffic on Coast Highway would be stopped by cars turning left, and the amount of time that eastbound lanes would be blocked by cars waiting to enter the single left turn lane. Riverside Avenue is located such that the traffic demand is primarily from the local area and it would not serve as a desirable through route for others, even with the double left turn lanes. A traffic calming project has been proposed for Riverside Avenue north of Avon Street, which could further reduce the attractiveness of this route as a bypass from /to Coast Hwy. Staff also notes that this type of local improvement is consistent with implementation of the Master Plan of Streets and Highways, which provides for the widening of Coast highway to a 6 -lane section. The improvement needed to result in a LOS D at Coast Highway /Dover Drive is the addition of a 4t" westbound through lane, an improvement which also is in the existing Circulation Element. The implications of this improvement are: ➢ Loss of the free right turn lane from westbound Coast Highway to Dover Drive, due to the width limitations of the Coast Highway bridge. ➢ The need to acquire a significant amount of right -of -way from the properties on the north side of Coast Highway from Dover Drive to approximately the McDonald's property. Given these constraints, staff continues to recommend that the improvement to achieve LOS D at Coast Highway /Dover Drive is not feasible and should not be included in the Circulation Element. Staff and our consultant also looked further into the improvements that could achieve LOS D at the intersection of Campus Drive and Bristol Street, which were analyzed in the traffic study. These improvements would include a third southbound right turn lane and a fourth northbound through lane on Campus Drive, in addition to the fifth westbound through lane on General Plan Update June 27, 2006 Page 8 Bristol Street already included in the Circulation element to achieve LOS E. The traffic study concluded that these improvements would require such costly right -of -way acquisition that they would be infeasible. We have now learned that the expansion of John Wayne Airport authorized in the Settlement Agreement Extension would free up space for an extra lane on Campus Drive north of Bristol Street. The right -of -way needed on the south side of Bristol Street is at the perimeter of the golf course owned by Orange County. Because all the needed right -of -way could be acquired from a public agency, without impacting any buildings or private properties, we now believe that this would be a feasible improvement. Adding this improvement to the Circulation Element would not change the findings of the traffic study or the Environmental Impact Report. It would not result in changes to the study area traffic patterns or volumes, and would be at a location that is already developed with regional transportation facilities. If the City Council wishes, this improvement could be added to Figure CE -3, and Policy CE 2.1.1 revised so that the City's standard is LOS D, except for Airport Area intersections shared with the City of Irvine (whose standard in this area is LOS E), and three intersections along Coast Highway, Dover, Goldenrod and Marguerite. Housing Element The Planning Commission and City Council have reduced the potential for housing development as they have reviewed and adjusted the land use plan during public hearings. Revised Table H30 reflects these changes (Attachment 5). The Planning Commission first considered the Housing Element in January, and wished to explore the proposed goal that 20% of units be affordable to lower income households. The Commission requested that staff estimate Newport Beach's Regional Housing Needs Assessment (RHNA) goals over periods of 25 years and 20 years, and relate those to a percent of new residential units included in the draft Land Use Element. The City Council should understand that this is a very speculative exercise, since the method for RHNA calculation is not well understood. The basic assumption for this analysis is that Newport Beach's future RHNA goals will remain the same as for the 2000 -2005 planning period. That number is 476 units for Newport Beach prior to annexation of Newport Coast. Because the current number for Newport Coast was not calculated in the usual manner, but rather negotiated between the City and County at the time of annexation, staff used two different assumptions for Newport Coast, the full number of 945 units and half of that, 473 units. Another basic assumption is that the income distribution of Newport Beach's future RHNA goals will remain similar to the 2000 -2005 planning period. For the City prior to annexation, 461/6 of the housing need was for very low -, low- and moderate - income households. For Newport Coast, only a low- income amount of 10% was shown (again, an amount negotiated with the County). For this analysis, staff assumed that 40% of long -term need is for very low -, low- and moderate - income households. The estimated RHNA goals are shown in the table below. General Plan Update June 27, 2006 Page 9 The total number of new units that could be developed pursuant to the revised Land Use Element is 9,286. To achieve the 25 -year affordable goals shown above would require that 20% to 30% of total new units be affordable. Assuming a 20 -year goal would require 16% to 24% affordable. And looking at a more realistic scenario again, which assumes that only the units listed below will be built during the term of this General Plan, 38% to 57% of new units would need to be affordable to achieve the estimated RHNA affordable goals over 25 years. For a 20 -year period, 30% to 45% would be needed. Airport Area Newport Coast # 1 Newport Coast # 2 5 -Year RHNA Goal - City 476 476 5 -Year RHNA Goal — Coast 945 473 Total 5 -Year RHNA Goal 1,421 949 Total 1 -Year RHNA Goal 284 190 x25 x25 Total 25 -Year RHNA Goal 7,105 4,750 Affordable Percent x.40 x.40 25 -Year Affordable Goal 2,842 1,900 Total 20 -Year RHNA Goal 5,680 3,800 Affordable Percent x .40 x.40 20 -Year Affordable Goal 2,272 1,520 The total number of new units that could be developed pursuant to the revised Land Use Element is 9,286. To achieve the 25 -year affordable goals shown above would require that 20% to 30% of total new units be affordable. Assuming a 20 -year goal would require 16% to 24% affordable. And looking at a more realistic scenario again, which assumes that only the units listed below will be built during the term of this General Plan, 38% to 57% of new units would need to be affordable to achieve the estimated RHNA affordable goals over 25 years. For a 20 -year period, 30% to 45% would be needed. Airport Area 2,200 Banning Ranch 1,375 Mariners' Mile 300 Newport Center' 450 Newport Coast 400 Balboa Peninsula Area 250 Total Likely Units 4,975 The Planning Commission recommended that the inclusionary goal for housing affordable to lower income households be changed from 20% to 15 %. That recommendation was based on the analysis above, as well as the requirements of other cities, and the resources available to assist affordable housing development in Newport Beach. Regardless of the percent of new units the City wishes to be affordable, the City will need a system to implement this requirement. Staff and the City Council Affordable Housing Task Force have been working on an inclusionary housing ordinance, a draft of which is included as Attachment 6. Some notable provisions include Section 20.68.020, which sets forth different percent requirements, depending on which level of affordability is being provided, so that a developer meeting very low- income criteria may provide fewer units than one meeting moderate - income criteria. Sections 20.68.030 and 20.68.100 allow for the use of credits when a developer provides more than the required percent of affordable units. Section 20.68.040 provides the option of paying fees in lieu of providing affordable units for smaller projects. There are also alternatives, exemptions and waiver provisions. If the Council General Plan Update June 27, 2006 Page 10 favors continuing with the ordinance approach, staff recommends that Implementation Measure 2.1f be revised as follows. Adopt an Inclusionary Housing Ordinance that guides implementation of Housing Element Policy H2.2, including a relationship between affordability criteria and number of units required, alternative means of satisfying the requirement, an in- lieu fee, and waivers for special circumstances. Another approach would be to require developers of housing projects, perhaps of a certain size, to prepare Affordable Housing Implementation Plans (AHIPs) to demonstrate how they will meet Newport Beach's inclusionary goal. This would allow each developer to customize his program for affordable housing. An example of an AHIP is included as Attachment 7. In this example, a total number of points are required, and points are awarded for number of affordable units, number of bedrooms, lower income criteria, conversion of market rate units to affordable units, etc. If the Council prefers the AHIP approach, staff recommends that Housing Program 2.2.1 be amended to read as follows: Housing Program 2.2.1 Require a proportion of affordable housing in new residential developments or levy an in -lieu fee. The City's goal over the five - year planning period is for an average of 15 %29% of all new housing units to be affordable to very low -, low -, and moderate - income households. The City shall either (a) require the payment of an in -lieu fee,fequire the— prsdWstio^ of the "^„°i^g , RitS affordable is-vefy-low , ew , as d- or (b) require the preparation of an Affordable Housing Implementation Plan (AHIP) that specifies how the development will meet the City's affordability goalfequi -_ , , the payment a an is lieu fe-- depending on the following criteria for project size: (Imp 2.1) 1. Projects of fifty or fewer units shall have the option of preparincl an AHIPpF9vi iR9 the 6iRits or paying the in -lieu fee. 2. Projects where more than fifty units are proposed shall be required to pFavide the units prepare an AHIP. AIl4ecIujFed --- very -4ow ; lew-a Rd moderate nits shall be p4:ovided- on-sAe un4e &s Q[ Q^ o({ site I Gation approved --by- the G*. Implementation of this program will occur in conjunction with City approval of any residential discretionary permits or Tentative Tract Maps. To insure compliance with the 15%24)-% affordability requirements, the City will include conditions in the approval of discretionary permits and Tentative Tract Maps to require ongoing monitoring of those projects. General Plan Update June 27, 2006 Page 11 Finally, staff recommends the following change to Housing Program 3.2.1, in response to comments from the ALUC: Housing Program 3.2.1 Identify the following sites as adequate, which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage development of a variety of housing types to meet City housing goals as identified pursuant to Government Code Section 65583(b): Banning Ranch, Airport Area, Newport Center, West NewpernMesa, - Mariners' Mile, West Newport Highway, and the Balboa Peninsula Area. Development of new housing in the Airport Area will be restricted to areas outside the 65 dB CNEL contour as defined in the Airport Environs Land Use Plan for John Wayne Airport. The Planning Commission also reviewed the Housing Element Policy Comparison Table (Attachment 8). They recommended adding "very low" to the low- and moderate - income groups listed in Programs 3.1.2 & 3.1.3 (page 5 of the comparison table). Public Notice: Notice of this public hearing, and subsequent public hearings on the General Plan update and EIR, was provided by a quarter page display advertisement in the Daily Pilot on June 17 & 24, 2006. Government Code Section 65091 provides that, when the number of property owners to whom notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive General Plan update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Submitted by: Sharon Wood Assistant City Manager Attachments: 1. Memo from EIP Associates on Airport Area Policies 2. Letter from Harbor Day School 3. Land Use Categories and Table 4. Land Use Map 5. Revised Housing Element Table H30 6. Draft Inclusionary Housing Ordinance 7. Sample Affordable Housing Implementation Plan (AHIP) 8. Housing Element Policy Comparison Table MEMORANDUM Date June 20, 2006 To City of Newport Beach Planning Commission From Woodie Tescher, EIP Associates City of Newport Beach Planning Department Staff Revised Aimort Area Policies Airport Area LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian - oriented amenities that facilitates walking and enhance livability. Policies URBAN FORM AND STRUCTURE (refer to Figure LU22) LU 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport - serving districts and residential neighborhoods that are integrated to assure a quality environment and compatible land uses. (Imp 1.1, 2.1) LU 6.15.2 Airport Compatibili ty Require that all development be constructed in conformance with the heiglt restrictions set forth by Federal Aviation Administration (FAA Federal Aviation Regulations (FAR) Part 77. Caltrans Division of Aeronautics and the Airport Environs Land Use Plan (AELUP) for-john Wayne Airport. (imp 2.1. 3.1.4.1. 12.1_ 12.2. 19.3) R -minim ,gcc PGFk-Mixed Use Districts (Subarea C. "MU -62 H2" designation) LAND USES LU 6.15.2$ Priority Uses Accommodate office, research and development, and similar uses that support the primary office and business park functions such as retail and financial services, as prescribed for the "CO -G" designation, while allowing for the re -use of properties for the development of cohesive residential villages that are integrated with business park uses. (Imp 2.1, 12.1) 0 Error! No text of specified style in document. LU 6.15.34 Underperforming Land Uses Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, and Jamboree), except where intended to serve and be: integrated with new residential development. (Imp 2.1, 34.6) Campus Tract (Subarea B, "MU Bey AO" designation) LAND USES LU 6.15.45 Primary Uses Accommodate 12rofessi onal office, indtisr ,aviation retail, automobile rental sales, and service, hotels, and eempara Ae- ancillary retail. restaurant. and service uses that are related to and support the functions of John Wayne Airport, as permitted by the "E{(-O AO" designation, whAe allowing for the u. peke... (Imp 2. 1, 12.1) STRATEGY LU 6.15.56 Economic Viability Provide incentives for lot consolidation and the re -use and improvement of properties located in the "Campus tract," west of Birch Street. (Imp 2.1, 34.6) LU 6.15.67 Automobile--Rental and Supporting Uses Work with automobile rental and supporting uses to promote the consolidation and visual improvement of auto storage, service, and storage facilities. (Imp 12.1, 34.6) LU 6.15.78 Site Planning and Architecture Encourage and, when property improvements are subject to redevelopment discretionary review, require property owners within the Campus Tract to upgrade the street frontages of their properties with landscape, well- designed signage, and other amenities that improve the area's visual quality. (Imp 12.1) Commercial Nodes (Subarea A, "CG-C" designation) LU 6.15.89 Priority Uses Encourage the development of retail, financial services, dining, hotel, and other uses that support the John Wayne Airport, the Airport Area's office uses, and, as developed, its residential neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and Bristol Street node. (Imp 2.1, 12.1, 34.6) Newport Beach General Plan 1`ti Error! No text of specitied style In document. Residential Villages (Subarea C and Subarea B. "MU -112 H2" designation) LAND USES LU 6.15.910 Residential and Supporting Uses Accommodate the development of a maximum of 2.200 multi - family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses, in aftd along with supporting retail, grocery stores, and parklands. T65 may- ecc�Residential units may be develope as the replacement of existing buildings. with a maximum of 550 units —er as infill on surface parking lots on properties within the Comprehensive Plan Area depicted on Figure IX 22 (note: figure to be revised for land use desiMations-and Comp Plan boundaW, provided that the parking is replaced in - struetute log ed on -site. When a development phase generated by cumulative development of the site shall not exceed the number of trip at would result development of the underlying permitted non - residential uses. (Imp 2.1, 12.1, 12.2) MINIMUM SIZE AND DENSITY LU 6.15.101 Number and Size of Residential Villages (refer to Figure LU23) Allow development of a maximum of four (4) mixed use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each- Elage fteigWb&ihetd-shall encompass at least +Q__5 gross acres of land, exclusive of existing rights -of -way. Thei — r^o-ftetes acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. th c__ Vim?-- == - - -- °` - - "° T1ie "Comprehensive Plan" area shown on Figure LU22 shall be exempt from the 5 -acre minimum. but a comprehensive plan described in Policy LU 6.15.16 shall be reo_uired.(Imp 2.1, 3.1, 4.1, 12.1, 12.2) Newport Beach General Plan 15 Error! No text of specified style In document. LU 6 15 12 Overall Density nd Housing Types Require that residential units be developed at a minimum density of 30 units and maximum of 50 units -per net acre averaged over the total area of each development phase. Net acreage shall be exclusive of existing and new rights - of -ways, public pedestrian ways, and neighborhood Arks. Within these densities, provide for the devcLzpment of a mix of building types ranging from townhomes to high -rises to accommodate a variety of household t}Tes and incomes and to promote a diversity of building masses and scales LU 6.15.1413First Phase Development Density Require a try residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100% of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed use building. On individual sites, housing development may that the average densi for the area encompassed by the first phase is achieved. of building it (Imp 2.1, 3.1, 4.1, 12.1, 12.2) LU 6.15.1-214 Subsequent Phase Development Location and Density Subsequent phases of residential development shall abut the first phases or shall face the first phases across a street. The minimum density of residential development (including residential mixed -use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre. Net acreage eeighherkeed-parks. (Imp 2.1, 3.1, 4.1, 12.1, 12.2) STRATEGY AND PROCESS LU 6.15.145 Regulatory Plans Require the development of a regulatory plan for each residential village which shall contain a minimum of 10 acres, to coordinate the location of new parks, streets, and pedestrian ways, set forth a strategy to accommodate neighborhood - serving commercial uses and other amenities, establish pedestrian and vehicular Newport Beach General Plan {(f Error! No text of specified style in document. connections with adjoining land uses, and assure compatibility with office, industrial, and other nonresidential uses. (Imp 2.1, 3.1, 4.1, 15.1) LU 6.15.16 Comprehensive Plan Area Require the development of one comprehensive plan for the area depicted on Fioeure LU22, should residential units be proposed on any property within this area. This plan shall define strategies for the cohesive intereration of new housing parkinoe_stmcmres. open spaces, and other improvements with existing non - residential structures, in addition to the elements required for all regulatory, plans defined by Policy 6.15.15. A Development Agreement shall be required for residential and mixed use Citv's commitment for the number, density, and location of the housing units. IImp 2.L3.1, 4.L15.1) DESIGN AND DEVELOPMENT Neighborhood Parks LU 6.15.4517Standards To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, require dedication and improvement of at least eight percent of the gross land area (exclusive of existing rights -of -way) or one acre whichever is greater, of the first phase of development in each neighborhood as a neighborhood park. This requirement may be waived by the City where it can improvement of other properties as parklands to serve the Air port Area. In every case, the neighborhood park shall be at least ene aer -eight percent of the total Residential Village Area or one -half acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights -of -way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park6titl Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. This requLtement may be waived for the Quail Street residential neighborhood provided +.at it ean be demonstrated that the development par-eels are too 9 to feasibly aeeaft--odate the park. On ipaee way be tt.ed to portion of 4t least 10,000 square feet in areft; one right of wfty� and epen to the publie during ht hours. (Imp 2.1, 3.1, 4.1, 12.1, 12.2, 33.1, 44.3) Newport Beach General Plan 111 Error! No text of specified style in document. LU 6.15.4418Location Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on- street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. (Imp 2.1, 3.1, 4.1, 12.1, 12.2) LU 6.15.19 Aircraft Notification Require that all neighborhood narks be nosted with a notification to users regarding Vroximity to Iohn Wayne Airport and aircraft overflight and noise. On -Site Recreation and Open Space LU 6.15.4720Standards Require developers of multi- family residential developments on parcels eight acres or larger, to provide on -site recreational amenities. For these developments, 44 square feet of on -site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On -site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on -site recreational amenities, the developer shall be required to pay cash in -lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance. The acreage of on -site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights -of -way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on -site open space shall not exceed 30% of the parkland dedication requirements. (Imp 2.1, 3.1, 4.1, 12.1, 12.2, 44.3) Streets and Pedestrian Ways LU 6.15.-1821 Street and Pedestrian Grid Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities and is scaled to the predominantly residential character of the neighborhoods. (Imp 3.1, 4.1, 11.1, 12.2, 21.1) LU 6.15.4- 922Walkable Streets Retain the curb -to -curb dimension of existing streets, but widen sidewalks to provide park strips and generous sidewalks by means of dedications or easements. Except where traffic loads preclude fewer lanes, add parallel parking Newport Beach General Plan 11b Errorl No text of specified style in document. to calm traffic, buffer pedestrians and provide short-term parking for visitors and shop customers. (Imp 3.1, 4.1, 12.2, 21.1, 29.1) LU 6.15.2923Connected Streets Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may change as long as the routes provide the intended connectivity. If traffic conditions allow, connect new and existing streets across Macarthur Boulevard with signalized intersections, crosswalks, and pedestrian refuges in the median. (Imp 11.1, 12.2, 21.1) LU 6.15.2424Pedestrian Improvements Require the dedication and improvement of new pedestrian ways as shown on Figure LU23. The alignment is tentative and may change as long as the path provides the intended connectivity. For safety, the full length of pedestrian ways shall be visible from intersecting streets. To maintain an intimate scale and to shade the path with trees, pedestrian ways should not be sized as fire lanes. Pedestrian ways shall be open to the public at all hours. (Imp 11.1, 12.2, 21.12) Parking and Loading LU 6.15.2225 Required Spaces for Primary Uses Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on- street parking. (Imp 2.1) Relationship of Buildings to Street LU 6.15.2326 Building Massing Require that high -rise structures be surrounded with low and mid -rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale. (Imp 3.1, 4.1, 12.1, 12.2) LU 6.15.2527 Sustainable Development Practices Require that development achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the Newport Beach General Plan 0 Gity Gattaeil makes apprepriate findings 65r aft override in soeeardaftee with _..heable L___ 1 1 2 t A 9 42 12 49.3) (T„__ .4, .2, LU 6.15.2527 Sustainable Development Practices Require that development achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the Newport Beach General Plan 0 Error! No text of specified style in document. strategies that should be considered are the integration of residential with jobs - generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss. (Imp 3.1, 4.1, 12.2, 21.12, 23.1, 25.1 -27.1) :r, �' Newport Beach General Plan 2`� Sidney 1. DuPont, Ph.D. Headmaster June 12, 2006 HARBOR DAY SCHOOL RECEIVED . 3443 Pacific View Drive, Corona del Mar, California 92625, (949) 640 -1410 • FAX (949) 640 -0908 '06 JUN 13 P 2 15 Honorable Don Webb and Members of the City Council City Of Newport Beach 3300 Newport Boulevard Newport Beach, Ca 92663 Subject: General Plan Update Dear Mayor Webb and Councilmembers: OFFICE OF THE CITY CLERK CITY OF NEWPORT SEACII Harbor Day School currently includes approximately 62,500 square feet of instructional facilities on our six acre site at 4334 Pacific View Drive. Our student enrollment is presently 408 students, an enrollment the school has maintained for years and accepts into the foreseeable future. A great majority of our students are residents of the City. Originally constructed as Harbor Episcopal School at the current home of the Oasis Center, Harbor Day School moved into the current location on Pacific View Drive in 1972. The campus and physical plant have served the students, faculty and families of Harbor Day School well over the past 35 years. However, the aging structures, combined with advances in new technologies and teaching systems, will ultimately move the administration and Board of Trustees to consider modernization of the campus. The proposed General Plan locates the Harbor Day School site within Statistical Area M -3, with a land use classification of PI -A, Private Institution —A. This classification has a density /intensity of 0.00- 0.30 FAR. This designation would allow up to approximately 78,400 square feet of building area on the six acre school campus. This represents a modest increase in building area that would restrict our ability to achieve our long range goals, consistent with our mission. Our long range development objectives are to maintain a student enrollment at no more than the allowable 408 students, yet provide a modern campus with an enriched instructional environment with adequate classroom space, library facilities, studios and laboratories. To that end, our goal is to have the ability to increase our space from the current 62,500 square feet to approximately 90,000 square feet. Harbor Day School requests that the City Council consider modifying the PI -A classification within Statistical Area M -3 to allow an intensity /density range of 0.00 -0.35 FAR. Additionally, Harbor Day School requests the following: Modify the Public/Private Use square footage summary in Statistical Area Table A I of Appendix A to allow an additional 11,600 square feet in the PI -A classification, and modify Table A2 of Appendix A so that Map No. 37 shows a gross floor area of 225,280 square feet (including other developed floor area in the Statistical Area) instead of 213,680 square feet as shown in the March 27, 2006 draft of the General Plan. rnouo r.+rMBLil or MEMBER OF IN M9712.13 P1 NATIONAL THE CA IFORNIASA SOC ATION OF INDEPENDENT CHOOLS ' .2k .n Harbor Day School will continue to provide excellence in education for our students, Since we do not intend to add students beyond our present enrollment of 408, Harbor Day School will not add traffic, parking or other impacts to Newport Beach and our neighbors. We simply wish to have the ability to modernize our campus as we plan for the future. Thank you for your consideration of our request. Sincerely, Harbor Day School O )Jim Buckingham, President Board of Trustees 2� Draft — Planning Commission June 22, 2006 LU 4.1 Land Use Diagram Accommodate land use development consistent with the Land Use Plan. Figure LUI depicts the general distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use categories for each parcel within defined Statistical Areas. [note: Figure references may need to be revised to reflect the final format and number to be incorporated into the General Plan]. Table LUI specifies the primary land use categories, types of uses, and, for certain categories, the densities /intensities to be permitted. The permitted densities /intensities or cumulative amount of development for land use categories not included in Table LU 1 are specified on the Land Use Plan, Figures LU 1 through LU —.These are intended to convey maximum and, in some cases, minimums that may be permitted on any parcel within the designation or as otherwise specified by Table LU [insert] for Special Land Use sites. The density/intensity ranges are calculated based on actual land area, actual number of dwelling units in fully developed residential areas, and development potential in areas where the General Plan allows additional development. To determine the permissible development the user should: a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figures LU [insert] through LU [insert]. b. Refer to Figure LU2 through Figure LU15 [note: revise per final figures] and Table LUI (following) to identify the permitted uses and permitted density or intensity or cumulative amount of development for the land use classification. Where densities /intensities are applicable, the maximum amount of development shall be determined by multiplying the area of the parcel by the density/intensity. c. For Special Land Use sites identified on the Land Use Map by a symbol, refer to Table LU [insert] (Anomaly Locations) to this General Plan, to determine the precise development limits. (Imp 2.1, 5.1, 10.2, 12.1) n'1, Draft — Planning Commission June 22, 2006 ©Newport Beach General Plan RESIDENTIAL NEIGHBORHOODS SINGLE UNIT RESIDENTIAL Single Unit Residential The RS -D category applies to a range of detached single - family Not applicable Detached - RS -D residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Single Unit Residential The RS-A category applies to a range of attached single - family Not applicable Attached - RS -A residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. TWO UNIT RESIDENTIAL - The RT category applies to a range of two family residential Not applicable RT dwelling units such as duplexes and townhomes. MULTIPLE RESIDENTIAL Multiple Residential - RM The RM designation is intended to provide primarily for multi- Units per acre or family residential development containing attached or detached cumulative amount of dwelling units. development as specified on the Land Use Figures Multiple Residential — RM- The RM designation is intended to provide primarily for multi- Units per acre or D family residential development exclusively containing detached cumulative amount of dwelling units. development as specified on the Land Use Figures COMMERCIAL DISTRICTS AND CORRIDORS NEIGHBORHOOD The CN designation is intended to provide for a limited range of Floor area to land area COMMERCIAL - CN (' retail and service uses developed in one or more distinct centers ratio or cumulative oriented to primarily serve the needs of and maintain development indicated in compatibility with residential uses in the immediate area. parentheses on Land Use Plan. The CC designaton is intended to provide a range of Floor to land area ratio or CORRIDOR COMMERCIAL neighborhood- serving retail and service uses along street cumulative development —cc (') frontages that are located and designed to foster pedestrian indicated in parentheses activity. on Land Use Plan. ©Newport Beach General Plan Draft — Planning Commission June 22, 2006 Table LU1 Land Use Plan Categories GENERAL COMMERCIAL • The CG designation is intended to provide for a wide variety of Floor area to land area CG ( ") commercial activities oriented primarily to serve citywide or ratio or cumulative regional needs. development indicated in parentheses on Land Use Plan. RECREATIONAL AND The CM designation is intended to provide for commercial Floor area to land area MARINE COMMERCIAL - development on or near the bay in a manner that will encourage ratio or cumulative CM (') the continuation of coastal-dependent and coastal - related uses, development indicated in maintain the marine theme and character, encourage mutually parentheses on Land Use supportive businesses, encourage visitor - serving and Plan. recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. VISITOR SERVING The CV designation is intended to provide for accommodations, Floor area to land area COMMERCIAL - CV (') goods, and services intended to primarily serve visitors to the ratio or cumulative City of Newport Beach. development indicated in parentheses on Land Use Plan. REGIONAL COMMERCIAL - The CR designation is intended to provide retail, entertainment, CR service, and supporting uses that serve local and regional As specified by Table LU residents, Typically, these are integrated into a multi- tenant [insert) (note: refers to development that contains one or more "anchor" uses to attract AnomalyTable) customers. Automobile sales, repair, and service facilities, professional offices, single -destination, and other highway- oriented uses are not permitted. COMMERCIAL OFFICE DISTRICTS GENERAL COMMERCIAL The CO -G designation is intended to provide for administrative, Floor area to land area OFFICE - CO -G ( *) professional, and medical offices with limited accessory retail and ratio or cumulative service uses. Hotels, motels, and convalescent hospitals are not development indicated in permitted. parentheses on Land Use Plan. MEDICAL COMMERCIAL The CO-M designation is intended to provide primarily for Floor area to land area OFFICE • CC -M medical - related offices, other professional offices, retail, short- ratio of 0.75, except as term convalescent and long -term care facilities, research labs, specified on the Land Use and similar uses. Plan. REGIONAL COMMERCIAL The CO•R designation is intended to provide for administrative OFFICE - CO -R and professional offices that serve local and regional markets, As specified by Table LU with limited accessory retail, financial, service, and entertainment [insert] (note: refers to uses. AnomalyTable) INDUSTRIAL DISTRICTS INDUSTRIAL (I) The I designation is intended to provide for a wide range of Floor area to land area moderate to low intensity Industrial uses, such as light ratio of 0.75, except as manufacturing and research and development, and limited specified on the Land Use ancillary commercial and office uses. Plan. Newport Beach General Plan �i Draft — Planning Commission June 22, 2006 Table . Use MIXED USE HORIZONTAL - MU -H Plan Categories The MU -H designation is intended to provide for the development of areas for a horizontally distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi - family residential, visitor - serving and marine - related uses, and /or buildings that vertically integrate residential with commercial uses. Mixed Use Horizontal 1 - The MU -H1 designation provides fora horizontal intermixing of Commercial or Office MU -H1 uses. only: floor area to land ancillary neighborhood commercial uses. For properties located on the inland side of Coast Highway in the ratio of 0.75. maximum density of 50 Mariners' Mile Corridor, (a) the Coast Highway frontages shall Multi - Family Residential commercial uses. be developed for marine - related and highway- oriented general only: 20.1 -26.7 units per of 550 units may be commercial uses in accordance with CM and CG designations; adjusted grossacre. and (b) properties located on interior streets may be developed for free-standing neighborhood- serving retail, multi - family Mixed Use Buildings: residential units, or mixed -use buildings that integrate residential floor area to land ratio of with retail uses on the ground floor in accordance with the CN, 1.5; where a minimum RM , CV, or MU -V1 designations respectively. floor area to land ratio of Properties located in the Dover DrivelWestcliff Drive area may 0.25 and maximum of 0.5 also be developed for professional offices or mixed use buildings shall be used for non - that integrate residential with retail or office uses on the ground residential purposes and floor in accordance with the CO and MU -V2 designations a maximum of 1.0 for respectively. residential. Mixed Use Horizontal 2 - The MU -H2 designation applies to properties located in the Residential: maximum of MU -H2 Airport Area. It provides for a horizontal intermixing of uses that 2,200 units as may include regional commercial office multi- family residential replacement of existing vertical mixed use buildings, industrial, hotel rooms, and office, retail, and /or ancillary neighborhood commercial uses. industrial uses at a MU -H3 Center. It provides for the horizontal intermixing of regional maximum density of 50 commercial office hotel, multi - family residential and ancillary units per adjusted gross commercial uses. acre, of which a maximum of 550 units may be developed as infill. Multi - Family Residential: 450 units maximum capacity Hotel: 65 rooms additional to capacity defined by Table LU [insert] Newport Beach General Pion o-1 Non - residential uses: as defined by Table LU [insert] (note: this is the Anomaly table) Mixed Use Horizontal 3 - The MU -H3 designation applies to properties located in Newport MU -H3 Center. It provides for the horizontal intermixing of regional As specified by Table LU commercial office hotel, multi - family residential and ancillary [insert] (note: refers to commercial uses. AnomalyTable) Multi - Family Residential: 450 units maximum capacity Hotel: 65 rooms additional to capacity defined by Table LU [insert] Newport Beach General Pion o-1 Draft — Planning Commission June 22, 2006 MIXED USE HORIZONTAL • The MU -H designation is intended to provide for the development of areas for a horizontally MU -H distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi- family residential, visitor - serving and marine - related uses, and /or buildings that vertically integrate residential with commercial uses. Mixed Use Horizontal 1 - The MU -H1 designation provides for a horizontal intermixing of MU -Ht uses. For properties located on the inland side of Coast Highway in the Mariners' Mile Corridor, (a) the Coast Highway frontages shall be developed for marine - related and highway- oriented general commercial uses in accordance with CM and CG designations; and (b) properties located on interior streets may be developed for free- standing neighborhood- serving retail, multi - family residential units, or mixed -use buildings that integrate residential with retail uses on the ground floor in accordance with the CN, RM , CV, or MU -V1 designations respectively. Properties located in the Dover DriveMlestcliff Drive area may also be developed for professional offices or mixed use buildings that integrate residential with retail or office uses on the ground floor in accordance with the CO and MU -V2 designations respectively. Commercial or Office only: floor area to land ratio of 0.75. Multi - Family Residential only: 20.1 -26.7 units per adjusted grossacre. Mixed Use Buildings: floor area to land ratio of 1.5; where a minimum floor area to land ratio of 0.25 and maximum of 0.5 shall be used for non- residential purposes and a maximum of 1.0 for residential. Mixed Use Horizontal 2 - The MU -H2 designation applies to properties located in the Residential: maximum of MU -H2 Airport Area. It provides for a horizontal intermixing of uses that 2,200 units as may include regional commercial office multi- family residential replacement of existing vertical mixed use buildings, industrial , hotel rooms, and office, retail, and/or ancillary neighborhood commercial uses. industrial uses at a maximum density of 50 units per adjusted gross acre, of which a maximum of 550 units may be developed as infill. Non - residential uses: as defined by Table LU [insert] (note: this is the Anomaly table) Mixed Use Horizontal 3 - The MU -H3 designation applies to properties located in Newport MU -H3 Center. It provides for the horizontal intermixing of regional As specified by Table LU commercial office hotel, multi - family residential and ancillary [insert] (note: refers to commercial uses. AnomalyTable) Multi - Family Residential: 450 units maximum capacity Hotel: 65 rooms additional to capacity defined by Table LU [insert] Newport Beach General Plan n1 Draft — Planning Commission June 22, 2006 Mixed Use Horizontal 4 - The MU -114 designation applies to properties where it is the Mixed Use Buildings: MU -114 intent to establish the character of a distinct and cohesively floor area to land area developed district or neighborhood containing multi - family ratio of 1.5, where a residential with clusters of mixed -use and/or commercial minimum floor area to buildings , in such locations as the interior parcels of Cannery land area ratio of 0.25 Village and 15th Street on Balboa Peninsula. Permitted uses and maximum 0.5 shall include (a) Multi - Family Residential, (b) General or Neighborhood be used for retail uses Commercial, and /or (c) Mixed Use structures, where the ground and maximum of 1.0 for floor shall be restricted to nonresidential uses along the street residential. frontage such as retail sales and restaurants and the rear and Commercial only; floor upper floors used for residential including seniors units and are to land are ratio of overnight accommodations (comparable to MU -V1). Mixed use or 0.5. commercial buildings shall be required on parcels at street intersections and are permissible, but not required, on other Multi-Family Residential parcels. only: 20.1 -26.7 units per adjusted gross acre. MIXED USE WATER The MU -W designation is intended to provide for commercial development on or near the bay RELATED - MU -W in a manner that will encourage the continuation of coastal- dependent and coastal- related uses in accordance with the Recreational and Marine Commercial (CM) designation, as well as allow for the integrated development of residential. Mixed Use Water 1 - MU- The MU -W1 designation is applied to waterfront locations along Mixed use Buildings: W1 the Mariner's Mile Corridor in which marine- related uses and floor area to land ratio of residential are intermixed. Permitted uses include those 1.25; where a minimum permitted by the CM, CV, Multi - Family Residential (MFR), and floor area to land ratio of Vertical Mixed Use (MU -V) designations. A minimum of 50% of 0.35 and maximum of 0.5 any lot shall be used for the CM or CV land uses. A master or shall be used for specific plans shall be required to assure that the uses are fully nonresidential purposes integrated and impacts from their differing functions and activities and the number of are fully mitigated. residential units shall not exceed the cumulative total for Mulfi- Family Residential specified below. Commercial only: floor area to land area ratio of 0.5. Multi - Family Residential only: 12 units per adjusted gross acre, with the number of units calculated based on a maximum of 50% of the property. =Newport Beach General Plan ..`t, Draft — Planning Commission June 22, 2006 Mixed Use Water 2 • MU- The MU -W2 designation is applied to waterfront locations in Mixed use Buildings W2 which marine - related uses may be intermixed with buildings that floor area to land ratio of provide residential on the upper floors. Permitted uses include 1.25; where a minimum those permitted by the CM, CV, and Mixed Use Vertical (MU -V) floor area to land ratio of designations. Free - standing residential shall not be permitted. 0.35 and maximum of 0.5 land area ratio of 0.5. shall be used for The MU -W3 designation provides is applied to the Lido nonresidential purposes W3 and maximum of 0.75 for Commercial only: Floor residential. In Lido Marina Village and Balboa Island, the maximum floor area to land ratio shall be 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.7 shall be used for nonresidential purposes and a maximum of 0.8 for residential. Newport Beach General Plan = Non residential buildings: floor area to land area ratio of 0.5. Mixed Use Water 3— MU- The MU -W3 designation provides is applied to the Lido Recreational and Marine W3 Peninsula to provide for the horizontal intermixing of recreational Commercial only: Floor and marine related and residential uses, in accordance with CM area to land area ratio or and RM designations respectively. cumulative development indicated in parentheses on Land Use Plan. Multi - Family Residential: Not applicable PUBLIC, SEMI - PUBLIC, AND INSTITUTIONAL PUBLIC FACILITIES (PF) The PF designaflon is intended to provide public facilities, Not applicable including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. PRIVATE INSTITUTIONS (PI The PI designation is intended to provide for privately owned Floor to land area ratio [ `]) facilities that serve the public, including places for religious indicated in parentheses assembly, private schools, health care, cultural institutions, ['] museums, yacht clubs, congregate homes, and comparable facilities. OPEN SPACE - OS The OS designation is intended to provide areas for a range of Open spaces may include public and private uses to protect, maintain, and enhance the incidental buildings, such community's natural resources. as maintenance equipment and supply storage, which are not traditionally included in determining intensity limits. Newport Beach General Plan = Draft — Planning Commission June 22, 2006 OPEN SPACE/ The OS(RV) designation is intended for the preservation of RESIDENTIAL VILLAGE - Banning Ranch as open space, restoration of wetlands and other OS[RV] habitats, development of a community park, and consolidation of oil extraction and processing facilities. Should the property not be acquired, the designation permits the development of a planned residential community that integrates a mix of single - family detached, single - family attached, two family, and /or multi- family residential, with supporting schools, parks, community services, local- serving convenience commercial uses and services, and open spaces. A master or specific plan is required to depict the uses, street and infrastructure improvements, open spaces, development standards, design guidelines, and financial plan. PARKS AND RECREATION The PR designation applies to land used or proposed for active - PR public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. Priority: Open spaces, habitat restoration, and park. Alternative: maximum of 1,375 residential units, 75,000 square feet of retail commercial, and 75 hotel rooms. Not applicable for public uses. Private uses in this category may include incidental buildings, such as maintenance equipment sheds, supply storage and restrooms which are not traditionally included in determining intensity limits. Other types of buildings and developments are limited as specified in the Anomaly Table. For golf courses, these uses may also include support facilities for grounds maintenance employees. TIDELANDS AND The TS designation is intended to address the use, Not applicable. SUBMERGED LANDS - TS management, and protection of tidelands and submerged lands of Newport Bay and the Pacific Ocean immediately adjacent to the City of Newport Beach. The designation is generally not applied to historic tidelands and submerged lands that are presently filled or reclaimed. Newport Beach General Plan ,I ATTACHMENT 4 - MAPS I I .w« Cl) § a � 22 a 2 \ / j fn -t-- & U-) S » 2 / 0 / \ a / ! < )� a /(\ �� 0 E\ z / LU E \ m Ufn k < 0 C O I I .w« Cl) § a � 22 2 / \\ .\ c / F� LL � 7 { / a 2 » {§ e �)� /(\ ° !E! 2 / \\ .\ c / F� LL � 7 { / = L U Q LO �' o m < Lu _> g Q o Oa J J� $ a c aQ Q zo °o `oo 00 0 _ o s W W � c OLU N J U Q I'- c NLL �?• U pcw�deW /GLSIII .Pe.fluuduN /nn�lu��SIDFN CD CD LL a Q w N o m° a® O r 0 6 w m z i o z o D m U W o � O O ro CE a° pcw�deW /GLSIII .Pe.fluuduN /nn�lu��SIDFN Vacant Banning (Newport) RV and CS PC 1,375 development plan Ranch" Infill /Mixed Use Airport Area MU -92H2 PC and APF 33002 200 Newport MU-81-13 (RH- PC, MFR, 600450 Center B) APF — West M-1-A, 4GO Mesa GEIF 2,200 units, with 1.650 as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units Per adiusted net acre and 550 units as infill on surface parking lots..594ulacre{VLphase) 30 du/aGFe (subsequent p" Up to 450 multi- family units 204 to 26.7 dU!aGFO (Re"Gfe) MjcediJse PARR 15 Mariners MU GI ;;Rd ■ MU -W -1: Mixed -Use FAR: 1.25 Mile }M-11 SP X10 H1 and MU - Multi - Family Residential: 12 du /acre ■ MU -H -1: Mixed Use: FAR 1.5 Multi- Family Residential: 20.1 -26.7 du/acre } Balboa Peninsula Area Cannery MU -1-1I34 SP /RSC -MM Village - 4, b00-4;300500.700 y825- Total y0257-575- 7,875 Mixed 1-88. PAR 15 ■ Mixed Use: FAR 1.5 ■ Mulfi- Family: 20.1 to 26.7 dulacre Mixed Use: FAR 1.5 and 18 dulacre°AR ?�.� G4.0 Mixed Use: FAR 1.5FAD:1 .5 to 2 Mixed Use: FAR: 15 to X91.25 SOURCE: City of Newport Beach Planning Department and General Plan MU-64-HI = Mixed Use MHorizontal 1 RH-BMU_W1 =Mixed Use High - Density - Residential Water 1 MU -H92 = Mixed Use Horizontal 282 RH-AMU W2 =. =" 'gh Density Mixed Use Water 2 MU-H83 = Mixed Use Horizontal 53 to I ^,.,Q,- ' "" —,.,- N•AUse -A2 MU W3= Mixed Use Water 3 MU -H4: = Mixed Use Horizontal 4 HDR = High Density Residential RV = Residential Village MU-V62 = Mixed Use- QVertical 2 IZ MU-G2-W3 and Lido Village MU- RSC A2TFR/HDR Balboa MU A2V2 SP Village — McFadden M6 G2MU -W2 SP Square Old Newpq Boulevard MN A2 (east side of Wee t SP 4, b00-4;300500.700 y825- Total y0257-575- 7,875 Mixed 1-88. PAR 15 ■ Mixed Use: FAR 1.5 ■ Mulfi- Family: 20.1 to 26.7 dulacre Mixed Use: FAR 1.5 and 18 dulacre°AR ?�.� G4.0 Mixed Use: FAR 1.5FAD:1 .5 to 2 Mixed Use: FAR: 15 to X91.25 SOURCE: City of Newport Beach Planning Department and General Plan MU-64-HI = Mixed Use MHorizontal 1 RH-BMU_W1 =Mixed Use High - Density - Residential Water 1 MU -H92 = Mixed Use Horizontal 282 RH-AMU W2 =. =" 'gh Density Mixed Use Water 2 MU-H83 = Mixed Use Horizontal 53 to I ^,.,Q,- ' "" —,.,- N•AUse -A2 MU W3= Mixed Use Water 3 MU -H4: = Mixed Use Horizontal 4 HDR = High Density Residential RV = Residential Village MU-V62 = Mixed Use- QVertical 2 IZ PC= Planned Community TRF= Two Family ResidentiaMlU -l= Meted -UsgCI SP = Specific Plan RSC- MM= Recreafional Marine Commercial, Mariners Mile Overlay APF = Administrative, Professional, Financial CR =Reg ena4�ema ers al MFR = Multi - Family Residential APF = Administrative, Professional, Financial OS = Open Space ' Above existing uses "Due to the high proportion of sensitive habitat areas, the actual number of buildable acreage will be determined in subsequent studies to be conducted in accordance with state and federal regulations, 33 DRAFT ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, ADDING CHAPTER 20.68 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO INCLUSIONARY HOUSING REGULATIONS AND AMENDING SECTION 20.03.030 PERTAINING TO DEFINITIONS OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, the City of Newport Beach ( "City ") is a Charter City, governed by a charter adopted by the citizens of the City; and WHEREAS, it is a public purpose of the City and a policy of the State to achieve a diverse and balanced community with housing available for households of all income levels; and WHEREAS, economic diversity fosters social and environmental conditions that protect and enhance the social fabric of the City and are beneficial to the health, safety and welfare of its residents; and WHEREAS, the lack of affordable housing has a direct impact upon the health, safety and welfare of the residents of the City; and WHEREAS, State law pertaining to general plans and the Housing Element of the City General Plan require that City ordinances regulate land use development and that the City and its agencies otherwise use their authority in a manner that provides an adequate supply of housing for all economic segments of the community; and WHEREAS, the City is experiencing an increasing shortage of housing affordable to very low -, low- and moderate - income households and will not be able to fully contribute to the attainment of the State housing goals or to retain a healthy environment without additional affordable housing; and WHEREAS, new residential development .does not provide housing opportunities for very low -, low- and moderate - income households due to the high cost of land in the City; and WHEREAS, as a result, very low -, low, and moderate - income households are de facto excluded from many new neighborhoods, creating economic stratification in the City detrimental to the public health, safety and welfare; and 3`I WHEREAS, an increasing number of persons in very low -, low, and moderate - income households live in overcrowded or substandard housing and devote an overly large percentage of their income to pay for housing; and WHEREAS, the amount of land in the City available for residential development is limited; and WHEREAS, the consumption of this remaining land for residential development without providing affordable housing to persons of all income levels would work counter to housing, environmental and planning policies and have a substantial negative impact on the environment and economic climate because (i) housing will have to be built elsewhere, far from employment centers and therefore, commutes will increase, causing increased traffic and transit demand and consequent noise and air pollution; and (ii) City businesses will find it more difficult to attract and retain the workers they need; and WHEREAS, new residential development in the City which does not provide for affordable units aggravates the existing shortage of affordable housing by absorbing the supply of available residential land, reducing the supply of land for affordable housing and increasing the price of the remaining residential land; and WHEREAS, at the same time, new residential development contributes to the demand for goods and services in the City, increasing local service employment at wage levels which often do not permit employees to afford housing in the City; and WHEREAS, Federal and State funds for the construction of new affordable housing are insufficient to fully address the problem of affordable housing within the City; and WHEREAS, the private housing market has failed to provide adequate housing opportunities for very low -, low -, and moderate- income households; and WHEREAS, on March 14, 2000 the City Council established an Affordable Housing Task Force that was charged with recommending an appropriate affordable housing program; and WHEREAS, the Affordable Housing Task Force conducted an investigation, held hearings and solicited comments from the community regarding a range of options; and WHEREAS, on the Affordable Housing Task Force recommended this ordinance to the Planning Commission; and 3S WHEREAS, on the Planning Commission held a public hearing on this ordinance and recommended this ordinance to the City Council for adoption; and WHEREAS, the City is aware that there may be times when the inclusionary housing requirements make market -rate housing more expensive; and WHEREAS, in weighing all the factors, including the significant need for affordable housing, the City Council has made the decision that community's interests are best served by the adoption of inclusionary housing regulations; and WHEREAS, to implement the City General Plan, to carry out the policies of the State and federal law and policy, and to ensure the benefits of economic diversity of the residents of the City, it is essential that new residential development in the remaining new growth areas of the City contain housing opportunities to households of very low -, low- and moderate - income, and that the City provide a regulatory framework which ensures development of an adequate supply and mix of new housing to meet the future housing needs of all income segments of the community; and WHEREAS, the City Council finds that it is necessary to adopt an inclusionary housing ordinance to address the City's housing crises. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Chapter 20.68 of the Newport Beach Municipal Code is hereby added to read as follows: CHAPTER 20.68 INCLUSIONAR.Y HOUSING REGULATIONS Sections: 20.68.010 Purpose 20.68.020 Inclusionary Housing Regulations 20.68.030 Credit Transfers 20.68.040 In -Lieu Fees 20.68.050 Alternatives 20.68.060 Exemptions 20.68.070 Adjustments, Waivers 20.68.080 Compliance Procedures 20.68.090 Eligibility for Affordable Units 20.68.100 Affordable Unit Credits ?IL 20.68.110 Affordable Housing Trust Fund 20.68.120 Enforcement 20.68.130 Appeals 20.68.010 Purpose The purpose of this Chapter is to: A. Provide a balanced residential community comprised of a variety of housing types, designs, and opportunities for all social and economic segments, including very low -, low -, and moderate - income households. B. Promote the City's goal to add affordable housing units to the City's housing stock in proportion to the overall increase in new housing units. C. Offset the demand on housing that is created by residential development and mitigate environmental and other impacts that accompany residential development by protecting the economic diversity of the City's housing stock, reducing traffic, transit and related air quality impacts, promoting jobs /housing balance and reducing the demands placed on transportation infrastructure in the region. D. Ensure that the limited remaining developable land in the City's planning area is utilized in a manner consistent with the City's housing policies and needs. 20.68.020 Inclusionary Housing Regulations A. Affordability Requirement. Unless otherwise provided in this Chapter, all new residential development projects of eleven or more dwelling units, designed and intended for permanent occupancy, shall construct the following percentage of the total number of dwelling units within the residential development project as affordable units restricted for occupancy by very low -, low- or moderate - income households: (1) 11.5 percent very low- income households; (2) 20 percent low- income households; or (3) 30 percent moderate - income households. The number of affordable units required for a particular residential development project will be determined only once, at the time of tentative or parcel map approval, or for developments not processing a tentative or parcel map, prior to issuance of a building permit, regardless of the changes in the character or ownership of the residential development, provided the total number of units does not change. If 3� a change in the residential development project design results in a change in the total number of units, the number of affordable units required will be recalculated to coincide with the final approved residential development project. B. Calculation. In determining the number of whole affordable units required, any decimal fraction less than 0.50 shall be rounded down to the nearest whole number, and any decimal fraction greater than or equal to 0.50 shall be rounded up to the next whole number. For purposes of calculating the number of affordable units required by this Section, any additional units authorized as a density bonus under California Government Code Section 65915(b) (1) or (2) will not be counted in determining the required number of affordable units. C. Design and Distribution of Affordable Units. All affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole and shall be comparable in infrastructure (including sewer, water, and other utilities), construction quality and exterior design to the market -rate units. The affordable units may be smaller in aggregate size and have different interior finishes and features than the market -rate units in the residential development project so long as the interior features are durable, of good quality and are consistent with contemporary standards for new housing. The affordable units shall be dispersed throughout the residential development, unless clustering is expressly authorized by the City. D. Tenure of Affordable Units. For all affordable units provided pursuant to this Section, the applicant shall have the option of selling the affordable units at an affordable housing price or renting the affordable units at an affordable rent subject to the terms and conditions imposed on the residential development project and the provisions contained in the Affordable Housing Agreement. E. Timing. All affordable units shall be constructed and offered for occupancy concurrently with or prior to the construction and marketing of the market -rate units. In phased residential development projects, affordable units may be constructed and marketed in proportion to the number of market -rate units constructed and marketed in each phase of the residential development project. If the Planning Commission determines that extenuating circumstances exist and that the concurrent construction of affordable units is infeasible or impractical, the Planning Commission may waive the requirements of this Subsection or impose reasonable conditions to effectuate the intent $'D } of this Subsection. F. Duration of Affordability Requirement. Affordable units required by this Chapter shall be legally restricted to occupancy by households of the income levels for which the affordable units were designated for a minimum of 30 years. G. Conditions of Approval. Any tentative map, parcel map, use permit, site plan review, coastal residential development permit, or other discretionary permit approving a residential development project subject to this Chapter shall contain conditions sufficient to ensure compliance with the provisions of this Chapter, including the execution of an Affordable Housing Agreement imposing, among other things, appropriate resale controls and /or rental restrictions on the affordable units. 20.68.030 Credit Transfers An applicant may fully or partially satisfy the requirements of Section 20.68.020 through the use of transferable affordable unit credits created pursuant to Section 20.68.100. Credit certificates shall only be used to satisfy the requirements for affordable units of the income category (i.e., very low -, low -, or moderate - income) and number of bedrooms for which the affordable unit credits are issued. 20.68.040 In -Lieu Fees A. General Requirements. 1. For residential development projects of 11 to 50 dwelling units, the requirements of this Chapter may be satisfied by paying a fee in -lieu of constructing all or a portion of the affordable units required by this Chapter. 2. For residential development of 50 or more dwelling units, the applicant may not pay a fee in -lieu of constructing the required affordable units. B. Timing of Payment. For residential development projects that are not phased residential development projects, the in -lieu fee shall be paid at the time of issuance of any building permit for the residential development project. For phased residential development projects, payment of the in -lieu fee shall be made for each portion of the residential development project at the time any building permit is issued for that phase of the residential development project. When payment is phased, the amount of the in -lieu fee payable under this Section shall be based upon the in -lieu fee schedule in effect at the time the in -lieu fee is paid. C. Amount of Fee. The amount of the in -lieu fee shall be set by resolution of the City Council and the amount of the in -lieu fee may be amended from time to time to reflect changes in residential construction costs and other conditions in the City and the region. D. Partial Payment. Developers electing to provide a portion of the affordable units required by Section 20.68.020 within the residential development project, may pay an in -lieu fee for the remainder of the required affordable units that are not provided. The in -lieu fee shall be paid at the time of issuance of any building permit for the residential development project. 20.68.050 Alternatives A. Proposal. An applicant may propose one of the following alternative means of compliance with Section 20.68.020 by submitting an application for discretionary approval in accordance with Chapter 20.90 and this Section. B. Off -Site Construction Projects. An applicant may propose to construct some or all of the affordable units required by Section 20.68.020 at a location not physically within the residential development project in -lieu of constructing some or all of the affordable units within the residential development project. The Planning Commission shall approve or conditionally approve the proposal on the basis of the application, plans, materials, and testimony submitted if the Planning Commission finds: 1. That the purpose of this Chapter would be served by implementation of the proposed alternative. 2. That construction of the off -site units in -lieu of constructing on -site units is, consistent with the Chapter's purpose. 3. That the off -site units to be constructed are located within the City of Newport Beach and are consistent with the requirements of Section 20.68.020. 4. That it would be infeasible or impractical to construct on -site units. C. Off -Site Rehabilitation Projects. An applicant may propose to rehabilitate existing off -site units and convert the off -site units to affordable units in -lieu of constructing some or all of the affordable units required to be provided under Section 20.68.020 within the LkD residential development project. The Planning Commission shall approve or conditionally approve the proposal on the basis of the application, plans, materials, and testimony submitted if the Planning Commission finds: 1. That the purpose of this Chapter would be served by implementation of the proposed alternative. 2. That rehabilitation of the proposed dwelling units in -lieu of constructing units on -site is consistent with this Chapter's purpose. 3. That the proposed dwelling units to be rehabilitated off -site are located within the City of Newport Beach and are consistent with the requirements of Section 20.68.020. 4. The proposed dwelling units to be rehabilitated off -site are in need of substantial rehabilitation. 5. That the proposed dwelling units to be rehabilitated off -site are not already subject to affordability income restrictions. 6. That it would be infeasible or impractical to construct the on- site dwelling units. 7. That the off -site dwelling units will be substantially rehabilitated, such that the unit is returned to the City's housing supply as decent, safe and sanitary housing and meet all applicable housing and building code requirements. D. Land Dedication. An applicant may propose to dedicate land to the City or City- designated local non - profit housing developer in -lieu of construction of some or all of the affordable units required by Section 20.68.020. The Planning Commission shall recommend and the City Council shall approve or conditionally approve this proposal if the City Council finds all of the following: 1. That the purpose of this Chapter would be served by implementation of the proposed alternative. 2. That dedication of land in -lieu of constructing units is consistent with this Chapter's purpose. 3. That the dedicated land is useable for its intended purpose and has the appropriate general plan and zoning designation for the development of affordable housing, is free of toxic a\ substances and contaminated soils, and is or will be fully improved with infrastructure and adjacent utilities. 4. That the conditions of approval for the residential development project are adequate to ensure that title to the dedicated land, or lease /rights useful for the life of the housing improvements, shall be conveyed to the City or City - designated local non - profit housing developer before a building permit is issued for all or any portion of the residential development project. 5. That all property taxes and special taxes be current before the title is conveyed to the City or City- designated local non- profit housing developer. 6. That the proposed land dedication meets the following requirements: a. The dedication includes land sufficient to construct, at a minimum, the number of affordable units that the applicant would otherwise be required to construct by Section 20.68.020; and b. The proposed land dedication has an equivalent or greater value than the in -lieu fee that would be required to be paid under Section 20.68.040 if applied to the overall project. The value of the proposed land dedication shall be appraised by a certified appraiser selected by the City. The applicant shall pay for all costs and expenses associated with the appraisal. At the time the applicant submits the application provided for in this Section, the applicant shall deposit the estimated cost and expense for the appraisal as determined by the Planning Director. After the appraisal is prepared, the Planning Director shall provide the applicant with a Notice of Decision regarding the value of the proposed land dedication and a copy of the appraisal. If the applicant disputes the decision of the Planning Director, the applicant shall file an appeal in accordance with Chapter 20.95. At the hearing on appeal, the appellate body shall consider any material provided by the applicant regarding the value of the proposed land dedication. LAI 20.68.060 Exemptions A. Natural Disasters. The requirements of this Chapter do not apply to the reconstruction of any structure that has been destroyed by fire, flood, earthquake or other act of nature provided that the reconstruction of the site does not increase the number of residential units. B. Other Governmental Entities. The requirements of this Chapter do not apply to housing constructed by other governmental agencies. 20.68.070 Adjustments, Waivers The City Council, at its discretion, may waive, wholly or partially, the requirements of this Chapter and approve alternative methods of compliance with this Chapter if the applicant demonstrates, and the City Council finds that either: A. There is no reasonable relationship between the impact of a proposed development and the requirements of this Chapter; and applying the requirement of this Chapter would take property in violation of the United States or California Constitutions; or B. There are special circumstances unique to the residential development that justify the granting of an adjustment or waiver; j the residential development would not be feasible without the modifications; a specific and financial hardship would occur if the modification was not granted; and no alternative means of compliance are available which would be effective in attaining the purpose of this Chapter than the relief requested. 20.68.080 Compliance Procedures A. General. Except as provided herein, entry into an Affordable Housing Agreement, in a form approved by the City Attorney, is a condition of any tentative map, parcel map or building permit for any residential development for which this Chapter applies. This Section does not apply to exempt residential development projects or to residential development projects where the requirements of this Chapter are fully satisfied by payment of an in -lieu fee under Section 20.68.040 or land dedication as provided under Section 20.68.050(D). B. Affordable Housing Agreement. The form of the Affordable Housing Agreement will vary depending on the manner in which the provisions of this Chapter are satisfied for a particular residential development. All Affordable Housing Agreements should include, at L3 a minimum, the following: 1. A description of the residential development project, how the requirements of this Chapter will be met by the applicant, and whether the affordable units will be rented or owner - occupied; 2. The number, size and location of each very low -, low- or moderate - income units; 3. Inclusionary incentives by the City (if any), including the nature and amount of any local public funding; 4. Provisions and /or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions; 5. Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective households for income eligibility; 6. Security provisions, such as a cash deposit, bond, or letter of credit, adequate to complete the requirements of this Chapter concurrently with the completion of the construction of the residential development project consistent with Section 20.68.020(E); and C. Recording of Agreement. All Affordable Housing Agreements that are acceptable to the City Attorney must be recorded against the owner - occupied affordable units and the projects containing rental affordable units. Additional rental or resale restrictions, deeds of trust, rights of first refusal and /or other documents acceptable to the City Attorney must also be recorded against owner - occupied affordable units. In eases where the requirements of this Chapter are satisfied through the development of off -site units or off -site rehabilitated units, the Affordable Housing Agreement must simultaneously be recorded against the property where the off -site units are located and off -site rehabilitated units are located. 20.68.090 Eligibility for Affordable Units No household shall be permitted to occupy an affordable unit designated for a very low -, low -, or moderate - income household unless the City or its designee determines that the household is eligible to occupy the applicable affordable unit based on the household income, as determined in accordance with Title 25 of the California Code of Regulations Sections 6910 through 6932. The developer shall use an equitable selection method established in conformance with the terms of as this Chapter, which shall be neutral as to age, race, religion, sex, creed and ethnic origin or any other impermissible standard established by the United States or State of California Constitution. Additionally, the selection criteria may not distinguish between adults and children, except as provided in Federal and State law for units designated for senior citizens. 20.68.100 Affordable Unit Credits A. Creation. One affordable unit credit shall be issued for each affordable unit constructed in excess of the number of affordable units required to be constructed for the project by Section 20.68.020(A). Affordable unit credits shall be issued by the Planning Director and shall designate a specific income category (i.e., very low -, low -, or moderate - income) and number of bedrooms for which they are issued. B. Ownership and Use of Credits. Affordable unit credits are issued to and become the possession of the project owner, who may then use them to satisfy the requirements of this Chapter for another residential development project in the City. If a project owner proposes to sell credit certificates, the parties shall first notify the Planning Director, who will document the transfer. 20.68.110 Affordable Housing Trust Fund A. Trust Fund. There is hereby established a separate Affordable Housing Trust Fund ( "Fund "). The Fund shall receive all in -lieu fees contributed under Sections 20.68.040 and may also receive monies from other sources. B. Purpose and Limitations. All monies deposited in the Fund, together with any interest earnings on such monies, less reasonable administrative charges or related expenses associated with the administration of this Section including, but not limited to, reasonable consultant and legal expenses related to the establishment and /or administration of the Fund and reasonable expenses for administering the process of calculating, collecting, and accounting for fees, shall be used or committed solely to increase the supply of housing affordable to very low -, low -, and moderate - income households. C. Expenditures. Fund monies shall be used in accordance with City's Housing Element to construct, rehabilitate or subsidize affordable housing or assist other governmental entities, private organizations or individuals to do so. Permissible uses of Fund monies include, but are not limited to: (1) assistance to housing development ay corporations; (2) equity participation loans; (3) grants; (4) pre -home ownership co- investment; (5) pre - development loan funds; (6) participation leases; (7) other public- private partnership arrangements; (8) the acquisition of property and property rights; and (9) construction of affordable housing including costs associated with planning, administration, and design, as well as actual building or installation, as well as any other costs associated with the construction or financing of affordable housing. The Fund may be used for the benefit of both rental and owner - occupied housing. 20.68.120 Enforcement A. Penalty for Violation of Terms. It shall be unlawful for any person, firm, corporation, partnership or other entity to violate any provisions of this Chapter. A violation of any of the provisions of this Chapter or failing to comply with any of the requirements of this Chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this Chapter, any such violation constituting a misdemeanor under this Chapter, may in the discretion of the enforcing authority, be charged and prosecuted as an infraction. B. Legal Action. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this Chapter including, but not limited to: (1) actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; (2) actions to recover from any violator of this Chapter civil fines, restitution to prevent unjust enrichment from a violation of this Chapter, and /or enforcement costs, including attorneys fees; (3) actions to recover on behalf of the tenant, or to the City in the event the tenant cannot be located, any excess rents charged and /or enforcement costs, including attorneys fees; (4) eviction or foreclosure; and (5) any other appropriate action for injunctive relief or damages. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any person, owner, household or other party from the requirements of this Chapter. C. Remedies Cumulative. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. JV 20.68.130 Appeals A. Appeals. Decisions of the Planning Director may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. B. Procedures. Procedures for appeals shall be as prescribed by Newport Beach Municipal Code Chapter 20.95: Appeals. SECTION 2: The following definitions are hereby added to Section 20.03.030 of Title 20 of the Newport Beach Municipal Code to read as follows: "Affordable Housing Agreement" means the agreement entered into pursuant to Chapter 20.68 which provides legal restrictions by which the affordable units shall be restricted to ensure that the unit remains affordable to very low -, low -, and moderate- income households, as applicable, for a period of not less than 30 years. With respect to rental units, such rent restrictions shall be in the form of a regulatory agreement recorded against the applicable property. With respect to owner- occupied units, such resale controls shall be in the form of resale restrictions, deeds of trust, and /or other similar documents recorded against the applicable property. "Affordable Housing Price" means a sales price that is no more than 3 times the maximum income level for very low -, low -, and moderate- income households, as adjusted for household size by the United States Department of Housing and Community Development. [Is this correct ?] "Affordable Rent" means an annual rent that does not exceed 30 percent of maximum income level for very low -, low -, and moderate- income households, as adjusted for household size by the United States Department of Housing and Community Development. [Is this correct ?] "Affordable Unit" means an ownership or rental- housing unit, including senior housing, affordable to households with very low -, low -, and moderate- incomes as defined in this Chapter. "Conversion" means a change of a dwelling unit to a condominium, cooperative, or a similar form of ownership; or a nonresidential use. "Low- income" means between 50% and 80% of the median income, adjusted for actual household size, as determined by the California Department of Housing and Community Development for Orange County. "Moderate- income" means between 80% and 120% of the median income, adjusted for actual household size, as determined by the California Department of Housing and Community Development for Orange County. al 'Residential Development' means detached single - family dwellings, multiple dwelling structures, groups of dwellings, condominium or townhouse developments, cooperative developments, mixed use developments that include housing units, and residential land subdivisions intended to be sold to the general public. [is this term consistent with its use in other parts of the code ?] "Very low -, low -, and moderate - income" means those income and eligibility levels determined periodically by the California Department of Housing and Community Development based on Orange County median income levels adjusted for family size. Such levels shall be calculated on the basis of gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled family members, and all other sources of household income and will be recertified as set forth by local standards, and State and Federal housing law. "Very low- income" means 50% or less of the median income, adjusted for actual household size, as determined by the California Department of Housing and Community Development for Orange County. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2006, and adopted on the _ day of _ 2006, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS_ MAYOR ATTEST: CITY CLERK a1� DRAFT For Discussion Purposes Only OSA Affordable Housing Concept May 24, 2006 [Note: This "Concept" is intended to serve as a bullet point list of deal points to be placed into a formal agreement or AHIP which will be included as an exhibit to the Development Agreement.] A. Definitions. 1. "Affordable Units" means residential units, whether attached or detached, for sale or for rent, which are affordable to Very Low Income Households, Low Inconle Households, or Moderate Income Households, as those terns are defined below. 2. "Housing Purchase Cost" means the total payments for a single month for principal and interest on a mortgage loan and any associated mortgage loan insurance costs, property taxes and assessments, .fire and casualty insurance covering the replacement value of property improvements, and a reasonable allowance for utilities, and homeowner association fees. 3. "Housing Rental Cost" means the total payments for a single month for rent (other than security deposits), plus a reasonable allowance for utilities. 4. "Low Income Household" means a household whose annual income is greater than fifty percent.(50 %) but do not exceed eighty percent (80 %) of the median fancily income for the area, as published by the California Department of Housing and Community Development, adjusted for family size. 5. "Moderate Income Household" means a household whose annual income is greater than eighty percent (80 %) but does not exceed one hundred twenty percent (120 %) of the median family income for the area, as published by the California Department of Housing and Community Development, adjusted for family size. 6. "Offsite" means outside of the boundaries of the entire Opportunities Study Area. 7. "Project" refers to the development of each of the six individual project areas defined in the Opportunities Study Area General Plan Amendment. Thus, there are six "Projects" and this policy shall be applied individually to each Project, rather than to the OSA as a whole or all six Projects collectively. 8. "Second Unit" refers to an "accessory living quarters /second unit "as those terms are used ill Section 9.180.050 of the City's Municipal Code and which meets the standards of Section 9.180.050(D). -1- J' DRAFT For Discussion Purposes Only 9. "Very Low Income Households" means a household whose annual income does not exceed fifty percent (50 %) of the median family income for the area, as published by the California Department of Housing and Community Development, adjusted for family size. B. "Plannine Principles" for Affordable Housing. 1. The developer of each Project will provide or facilitate the production of Affordable Units in conjunction with the development of its Project. Participation will be based on the "Point System" set forth in Section C below. 2. The types and locations of Affordable Units in all income categories may include, among other variations, onsite and offsite units (subject to Paragraph C3(b) below), for -sale and rental units, attached and detached units, and units of varying size and bedroom counts. Consistent with City policy as set forth in Section 5 of the Housing Plan of the City's Housing Element (entitled "Expedited Project Review "), the City shall: (a) Prioritize the review and approval of all development applications for all aspects of the Project (including, but not limited to, those for area plans, subdivision maps, site development permits, grading permits, and building permits); and (b) Retain an independent contracting firm to expedite the processing of all such development applications, upon the developer's agreement to pay the full cost of such retention. 4. The developer, at its sole discretion, may satisfy the "point" requirement of this policy through the provision of either rental or for sale housing. 5. To maintain the affordability of "for sale" Affordable Units for a period of thirty (30) years after their original sale, an Affordable Housing Covenant, in the form approved by the City as part of each Project's development agreement, shall be recorded against each Affordable Unit at the time that the developer records its grant deed to the original home purchaser. An affordability covenant shall not be required for Affordable Units sold to Moderate Income Households if the developer declines to receive the additional one (1.0) point credit for a moderate for sale unit as ,provided in Paragraph C4 below. 6. The provisions of this policy pertaining to the recording of affordability covenants shall apply to pre- existing rental units converted to "for sale" units which are treated wider the Point System below as "for sale" units. -2- 6\ DRAFT For Discussion Purposes Only C. The Point System. Required Points. Tile number of Affordable Units to be provided will be based upon a 'Point System." The number of required "points" will be equal to 15% of the total number of market rase units approved and built within a Project. For example, if 2,815 units are built within a Project, then a total of 422 "points" will be required. 2. Offsite Affordable Units. Offsite Affordable Units will be provided points only if they are affordable to Very Low and Low Income Households. 3. Base Points. Subject to Paragraph C2 above and to all increase for "Additional Points' as described below: (a) One Base Point (1.0) shall be awarded for each home sold or rented to households within any affordable income category (moderate, low, and very low), constructed onsite, and (b) An additional one half Base Point (0.5) shall be awarded for each home sold or rented offsite to Low or Very Low Income Households. Thus, for example, an offsite Affordable Unit sold or rented to a Low Income Household shall receive one and one -half (1.5) Base Points, 4. Additional Points. Because of the City's interest in (1) providing certain amenities, (2) serving lower income categories, and (3) providing onsite Affordable Units, points shall 'be awarded in addition to Base Points, as set forth below, for each Affordable Unit in any income category, whether onsite or offsite, which meets the following criteria: (a) To encourage units for families, additional points based upon bedroom counts shall be provided as follows, with points awarded for only one bedroom count category in this subparagraph (a) (for example, a four bedroom unit receives one (1.0) additional point, not 0.2 +0.7 +1.0): (i) 0.2 additional point for two- bedroom twits (ii) 0.7 additional point for three - bedroom units. (iii)1.0 additional point for four- bedroom units. (b) In addition, to encourage development of Affordable Units in the Low and Very Low Income Household categories, one -half (0.5) additional point shall be provided for rental units affordable to Low Income Households and one -3- �)I, For Discussion Purposes Only (1.0) additional point shall be provided for rental units affordable to Very Low Income Households. (c) In addition, to encourage the development of "for sale" Affordable Units, for each for -sale unit with an affordability deed restriction, the following points will be provided for thirty -year deed restrictions: (i) 3.0 additional points for very low income units (ii) 2.0 additional points for low income units (iii)1.0 additional point for moderate income units An additional point will be added for each additional ten (10) years beyond thirty (30) years than an Affordable Unit is deed restricted. 5. Other Considerations. (a) Points may be provided for any net increase in Affordable Units in the City through any combination of housing units which are affordable to Moderate, Low, or Very Low Income Households, including, but not limited to: (i) Apartments, including the conversion of existing market rate units to Affordable Units, provided that the Developer assumes all tenant relocation obligations created by law and in effect on the date of the Project's development agreement; (ii) For sale housing, including the conversion of off -site existing market rate rental or for sale units to Affordable Units with 30 -year affordability covenants recorded against them, provided that the Developer assumes all tenant relocation obligations created by law and in effect on the date of the Project's development agreement; (iii)The inclusion of Second Units on lots within the Project (all Second Units shall be deemed to be "Moderate" units). (b) All "points' are cumulative, with a single Affordable Unit receiving points for all criteria which it meets, except as expressly provided within this Concept. (c) An additional one (1.0) point shall be provided for a Second Unit. However, a Second Unit may have a cumulative total of no more than one and one -half (1.5) points in addition to any points allocated to the primary unit on the lot. No more than 25% of the total Affordable Units for a Project may receive Second Unit credit. -4- 61.7 DRAFT For Discussion Purposes Only (d) Moderate Income Affordable Units may account for no more than one -third (1/3) of the total number of "points" provided to a Project. (e) Subject to Paragraph B5 above, an on -site for -sale unit sold to a Moderate Income Household need not be deed restricted (unless the unit is converted from existing market -rate :housing). (f) In calculating points, fractions equaling one half (0.5) or greater shall be rounded to the next highest whole number. 6. Term of Affordability Restrictions. The affordability restrictions will commence with the first occupancy of the: Affordable Unit by a Very Low, Low, or Moderate Income Household and will terminate in thirty (30) years, except when sources of funding dictate longer periods of affordability restriction. 7. Related Calculations. Calculations related to qualification shall include: (a) The Housing Rental Cost shall not be greater than: (i) For Moderate Income Households: 35% of 120% of the area median income adjusted for fainily size appropriate for the unit; (ii) For Low Income Households, 30% of 80% of the area median income adjusted for family size appropriate for the unit; (iii)For Very Low Income Households, 30% of 50% of the area median income adjusted for family size appropriate for the unit. (b) The Housing Purchase Cost shall not be greater than: (i) For Moderate Income Households: 35% of 120% of the area median income adjusted for family size appropriate for the unit; (ii) For Low Income Households, 30% of 80% of the area median income adjusted for family size appropriate for the unit: (iii)For Very Low Income Households, 30% of 50% of the area median income adjusted for family size appropriate for the unit. The provisions of California Health & Safety Code Sections 50052.5 or 50053 shall be used in determining Housing Rental Cost or Housing Purchase Cost where, and only where, the City provides housing assistance. -5- DRAFT For Discussion Purposes Only (c) Household size shall be deemed to equal the number of bedrooms multiplied by two, plus one additional person. For example, a two bedroom dwelling unit could accommodate a 5- person household. (d) Unless private mortgage insurance is required by the mortgage lender, mortgage interest rate assumptions shall assume a fully amortized 30 -year fixed rate loan with no requirement for private mortgage insurance (due to the loan to value ratio based on the unrestricted home value). (e) Down payment on for -sale Affordable Units shall be assumed to be 5% of the Affordable Unit sales price, increased by any state of local funding actually granted. 8. Updating of Pricing Estinnues. Pricing estimates required by this policy may be updated to reflect then- current eligibility requirements at any time before the Affordable Units are sold. 9. Payment of In -Lieu Fees. An affordable housing in -lieu fee may be paid by the developers of those Projects built upon Sites 5 and 6 in the OSA GPA. The affordable housing in -lieu fee shall be $12,000 per dwelling unit for each home within each Project. The fee is adjustable each year based on the latest California Consumer Price Index published by the State of California Department of Finance. 10. Phasing. Before or with the submittal of the first application for a Site Development Permit (an "SDP ") for a Project, the developer of that Project shall estimate the total number of market rate residential units which it anticipates to build on the Project site (the "Total Units "). This number may be revised, at the developer's discretion, upon the submittal of future SDPs to reflect increases or decreases in the Total Units proposed to be built. (a) With each application for an SDP, the developer shall provide an updated Affordable Housing Plan which shows the anticipated type (for -sale or rental), size, estimated price or rent, and location of each proposed Affordable Unit to be provided through the completion of the development contemplated by that SDP (an "SDP Cycle "). Additionally, the developer shall indicate the number of "points" that it shall earn upon the completion of the Affordable Units within that SDP Cycle. The Affordable Housing Plan may be revised during the course of the SDP Cycle to reflect updated assumptions. (b) Building permits must be issued for Affordable Units which will generate one -fourth (25 %) of the total required affordable housing "points" before the issuance of building permits beyond 60 %+ I of the then current anticipated number of Total Units. �y DRAFT For Discussion Purposes Only (c) Building permits must be issued for Affordable Units which will generate an additional one -fourth (for a total of 50 %) of the total required affordable housing "points" before the issuance of building permits beyond 70 %+ 1 of the then current anticipated number of Total Units. (d) Building permits must be issued for Affordable Units which will generate an additional one- fourth (fora total of 75 %) of the total required affordable housing "points' before the issuance of building permits beyond 80 %+ 1 of the then current anticipated number of Total Units. (e) Building permits must be issued for Affordable Units which will generate an additional one -fourth (fora total of 100 %) of the total required affordable housing "points' before the issuance of building permits beyond 97% + 1 of the then current anticipated number of Total Units. 70034731.6 -7- GAY Pbnnln Commhslon Fevhlons b GOah and POrWe] Same Chan dNew prof General Plan Goan and Policies CHAPTER 5 Housing Element Conservation and Improvement of Housing Quah[y residential development and preservation, conservation, and appropriate redevelopment of Some H 1 I Quality residential development and preservation, conservation, and appropriate redevelopment of housing stock housing stock n M. yMIIL 4— Y S 1 : ;} f{Z csihS' 1.1 Some H 1.1 Support all reasonable efforts to preserve, maintain, and improve avadabiliry and quality of Support all reasonable efforts to preserve, maintain, and improve availability and quahry of existing housing and residential neighborhoods. and ensure full utilization of existing Gn, existing housing and residential neighborhoods, and ensure full utilization of existing Gry housing resources for as long into the future as physically and economically feasible. housing resources for as long into the future as physically and economically feasible. — Programs: Housing Program 1.1.1 — Improve housing quality and prevent dew notation of existing neighborhoods Same Housing Program 1.1.1 Improve housing quality and prevent deterioration of existing neighborhoods by strictly enforcing Building Code regulations and abating Code violations by strictly enforcing Building Code regulations and abating Code violations and nuisances. and nuisances. (Imp 35.1, 36.1) Raprn"tryr Piaromg Depare -7 &aldag Dj —&rna the Cary Atromq and Cok Rapons" y Pk- D 4 Bwldfg DeMms dr Cuy Attomy and ark and Winn QvhtyEOwn-at and Warm Q"ktyEr#oarenez Housing Program 1.1.2 — Participate with the Orange County Housing Authority and Housing and Some Housing Program 1.1.2 Participate with the Orange County Housing Authority and Housing and Community Development Division in [heir administration of rehabilitation Community Developnnen[ Division in [heir administration of rehabilitation loans and grams for low- and• moderate- income homeowners and rental loans and grans for low- and moderate - income homeowners and rental propenyowners to encourage preservation of existing Gryhousing stock property owners to encourage preservation of existing Gry housing stock (Imp 19.3, 35.1, 35.2) Rep• &duy PGtrvmgDepxro>82 Rcsp,sa -i , PmnarggDgxsroren. Horsing Program 1.1.3— Require replacement of housing demolished within the Coastal Zone when Some Horsing Program 1.1.3 Require replacement of housing demolished within the Coastal Zone when housing is or has been occupied by very low, low- and moderate income housing is or has been occupied by verplow, low-, and moderate - income households Within the preceding 12 months. The Gry shall prohibit households within the preceding 12 months. The Gty shall prohibit demolition demolition unless a azra Residential eve o men[ emit[ as een ¢sue . � unless a Coastal Residential Development Permit has been issued The specific The specific re replacement unit re tw'emcnts are P provisions implementing P q provisions implementing replacement unit requirements are comained in the �mennn contained in the Municipal Code. �— Municipal Code. amp 12.3) Pte— laming ep P -- 1 � �. P- D rmrnr. .. Pas 'tF 1-a Martina Commission Revldons to Goae and Polkies Same Chan edlx Dme General Plan Goals and Palkles Opportunities Variety of Housing 2 Same H 2 A balanced residential community, comprised of a variety of housing tpes, designs, and opportunities for A balanced residential community, comprised of a variety of housing types, designs, and opportunities for all social and economic segments a0 social and economic segments iF-7 72MoPd7.t' Same H 2.1 Encourage preservation of existing and provision of new housing affordable to very low, uervaon of existing and provision of new housing affordable to very low, low- and moderate income households. n mcorne households. Programs Housing program 2.1.1 — Maintain rental opportunities by restricting conversions of rental units to I Same Housing program 2.1.1 Maintain rental opportunities by restricting conversions of rental unfit to condominiurns unless the vacancy rare in Newport Beach for rental housing is condominiums unless the vacancy rate in Newport Beach for rental housing is an average 5% or higher for four (4) consecutive quarters, and unless the an average 5% or higher for four (4) consecutive guaners, and unless the property owner complies with condominium conversion regulations comained property owner complies with condominium conversion regulations contained in Chapter 20.83 of the Newport Beach Municipal Code. in Chapter 20.83 of the Newport Beach Municipal Code. (Imp 35.1) Raposll ur,r Plmnnrg DT- WM Repmdntty PL— TDepn� Housing program 2.1.2 —Take a0 feasible actions, through use of development agreements, expedited Same Housing Pmgmm2.1.2 'Cake all feasible actions, through use of development agreements, expedited development review, and expedited processing of grading, building and other development review, and expedited processing of grading, building and other development permits, to ensure expedient constmction and occupancy for development permits, to ensure expedient construction and occupancy for projects approved with low- and moderate- income housing requirements. projects approved with low- and modetwe- income housing requirements. (Imp RepasibGry PlarvwgDepxrmeuard Gry Cawb1 2.1, 2.2) RespreAhor Plmaui�Dqurmaa arR[Ciry Cttav'C Housing Program 2.1.3— Pazticipate with the Counry of Orange in the issuance of tax - exempt mortgage Same Housing Pmgmm 2.1.3 participate with the County of Orange in the issuance of tax- exempt mortgage revenue bonds to facilitate and assist in firmcing, development and I revenue bonds to facilitate and assist in financing, development and construction of housing affordable to low and modeare-income households. construction of housing affordable to low and moderate- income households. (Imp 19.3) Rep-"ay PlammgDe(vtm i Rrspozibi* Pla=TDqur Housing program 2.1.4—Conduct an annual compliance- monitoring program for units required to be Same Housing Pmgam 2.1.4 Conduct an annual compliance- rconnoring program for units required to be occupied by vey low-, low -, and moderate -income households. occupied by very low -, low -, and moderate- income households. (Imp 35.1) Rap- tbdtor Pla=TDquttnrnt Rapcesibdrry P1-- TD<pu —,e © Newport Beach General Plan enl Plannin i Commission Revisions to Goals and Policies sinnelchimnledtlim. Draft General Plan Goals a ad P.Sens 2.2 Some H 2.2 Encourage the hoaxing development industry to respond to hoaxing needs of the Encourage the hoaxing development indu try to respond to hoaxing needs of the conutiunky and to the dematrd for hoaxing as perceived by the industry, with the intent of community and to the demand for housing as perceived by the industry, with the intent of achieving the Regional Housing Needs assessment consuucmoo goals within five (5) rears. achieving the Regional Hoaxing Needs Assessment construction goals within five (5) years. - ,. .... Programs Housing program 2.2.1 — Require a proportion of affordable hoaxing in new residential developments Same Housing program 2.2.1 Require a proportion of affordable housing in new residential developments or or leery• an m -lieu fee. The Gry's goal over die five -}ear planning period is for levy an in -lieu fee. The Gt's goal over the five -year plamung period is for an an average of 20% of all new hoaxing units to be affordable to very low -, low -, average of 20% of all new housing crisis to be aIffondable to very low -, low•-, and moderate- income households. The Gry shall either a) require the and moderate- income households. the City shall either (a) require the production of the hoaxing units affordable to very low -, low- or moderate- production of the housing units affordable to very low -, low- or moderate- income households, or b) require the payment of an in -lieu fee, depending on income households, or(b) require the payment of an in -lieu fee, depending on the following criteria for project size: the following criteria for project size: 0 nip 2.1) 1. projects of fifty or fewer units shall have the option of providing the units 1. projects of fifty or fewer units shall have the option of providing die units or paying the in -lieu fee, or paying the in -lieu fee. 2. projects where nwre than fifty units are proposed shall be required to 2. projects where more than fifty muds arc proposed shall be required to provide the units. provide the units. All required very low -, low -, and moderate - income units shall be provided on- All required very low -, low -, and nwder:uainvcme units shall be provided on I site unless at an off -site location approved bythe City. Implementation of this site unless at an off -site location approved by the Gn•. Implementation of dux program will occur in conjunction with City approval of any resideniat program will occur in conjunction with City approval of any residential discretionary permits or Tentative Tract Maps. To insure compliance with the discretionary permits or Tentative Tract Maps. To insure compliance with the 20% affortiabiliry requirements, the Gry will include condtions in the 20% affordability requirements, the Gry will include conditions in the approval approval of discretionary pennim and Tentative Tract Maps to require of discretionary permits and Tentative Tract Maps to require ongoing ongoing monitoring of those projects. monitoring of those projects. Ralr+sililuv Plarxile Ligrmorru, PLaivaig Cominion ad On CaauL Rtspvsibdij)z Neelig Dgitmnny Plat VVg GYI1)Lfslbt ardGry COPXW.. Housing program 2.2.2 —The City shall provide more assistance for projects that pmvide a higher Changed Housing program 2.2.2 The Gry shall provide more assistance for projects that provide a higher number of affordable units or a greater level of affordability. Mom than 20% cumber of affordable milts or a greater level of affordability. At least 20% of of units shall be affordable when assistance is provided from Community units shall be affordable when assucuice is provided from Community Development Block Grant funds or the GtPs in -lieu hoaxing fund. Development Block Gcmt funds or the City%s in -lieu homing fund. (Imp 2.i, I Ralvsilnlin Pla,v>og Orpnvrm, P(moarg Corm <sio: nni Gry Caanl. 75.1) i Rspasilnli0r P6rnuwg Dclirmma, Plt>nvg Ga...Lim urdCity Cannl. Housing program 2.2.3 —For new developments proposed in the Comm] Zone areas of the Gty, the Some Housing program 2.2.3 For new developments proposed in Elie Coastal Zone areas of the Gry, the Gt) shag follow Government Code Section 65590 and Tide 20. City shall follow Govemmem Code Section 65590 and Tide 20. (Imp 13.3) Ralicrednlay PLmaargDepxrmrra mks A, City Caoul. .___ 1 _ -_ Fa/aaailnlit? Plamurg Lkpxtminu nrrldz Coy Caoril I Newport Beach General Plan Planning Commission Reywonsro GOals any POlkles Same Chaney New Draft Genxal Plan Goah and Nficies Housing Program 2.2.4 —N1 required affordable units shall have restrictions to maintain their Same Housing Program 2.2.4 All requited affordable units shall have restrictions to maintain their affordability for a minirntun of 30 years. affordability for a minimum of 30 years. (Imp 35.1) Resp- A*P✓amwg Depan>flK CtryA=-xyanl City C—raL Rap- zk* Pk- De}matnq CayA =a74 and C�y CaonL Housing Program 2.2.5 —Advise existing landowners and prospective developers of affordable housing Changed Housing Program 2.2.5 Advise existing landowners and prospective developers of affordable housing development opportunities available within Banning Ranch, Airport Area, development opportunities available %6dun the Banning Ranch, Airport Area, Newport Center, West Newport Mesa, Marin r�s We West Newport Newport Center, West Newport Mesa, Manner's Mile, West NmIort highway, and Balboa Peninsula areas. f$ghway, and Balboa Peninsula areas. (Imp 341) Ropirsibdulr PL-- TDepxmr" Rapa dA* Pvm De(nromrrt Housing Program 2.2.6 — Periodically contact known local developers and landowners to solicit new Same Housing Program 2.2.6 Periodically contact known local developers and landowners to solicit new affordable housing construction. affordable housing consauction. (Imp 35.1) Rapra"tty Mdnn>g Dgarormt Same Rapaaibdzty PL-3r Dq -t-n. Housing Program 12.7 Participate in other housing assistance programs that assist production of Housing Program 2.2.7 — Participate in other hauling assistance programs that assist production of housing. housing. (Imp 19.3, 35.1) Rapes "-), PlaroargD¢nmaa¢ Rap—", -y PlmuvBDe;%- 23 Same H 2.3 Approve, wherever feasible and appropriate, mixed residential and commercial use Approve, wherever feasible and appropriate, mixed residential and commercial use developments that improve the balance between housing and jobs. developments that improve the balance between housing and jobs. a t.: Housing Program 23.1 —Study housing impacts of proposed major commercial/indwtrial projects Same How ing Program 2.3.1 Study housing impacts of proposed major commercial/indtsstrial projects during the development review, process. Prior to project approval, a housing during the development review, process. Prior to project approval, a housing impact assessment shall be developed bythe Gtywith the active involvement impact assessment shall be developed by the Gty with the active involvement of the developer. Such assessment shall indicate the magnitude of jobs to be of the developer. Such assessment shall indicate the magnitude of jobs to be created by the project, where housing opportunities are expected to be created by the project, where housing opportunities are expected to be available, and what measures (public and private) are requisite, if any, w available, and what measures (public and private) are requisite, H any, to ensure ensure an adequate supply of housing for the projected labor force of the an adequate supply of housing for the projected labor force of the project and project and for any restrictions on development due to the "Gmenlight" for any restrictions on development due to the "Greenlight" initiative. (Imp initiative. 35.1) Rapmsibility PlanvgDej� andPlamvg C- r-siut Rapaailnlity Plaroyg Dyumraa waiPGavatg Grmistim MNewport Beach General Plan Housino Ele Planning Cons lon Revisions to Goals and Policies I Same Chanetl New I Draft General Plan Goals end Policies J Adequate Residential Sites 3 Same H 3 Housing opportunities for as many renter and owner occupied households as possible in response to the flowing opportunities for as many renter and owner occupied households as possible in response to the demand for housing in the city demand for housing in the city _ kF tom. 3.1 Same H 3.1 Mitigate potential governmental constraints to housing production and affordability by 1vlitigate potential governmental constraints to housing production and affordability by increasing the City of Newport Beach role in facilitadng construction of affordable housing increasing the City of Newport Beach role in facilitating construction of affordable and for all income groups. Manderrese said upper -------- GAIlell housing for all income erlol Programs _ Same Housing program 3.1.1 provide a streamlined "fast track' development review process for proposed Housing program 3.1.1 — Provide a streamlined "fast track" development review process for proposed affordable housing developments. i affordable housing developments. (Imp 2.1, 12.1) Resp-ibt7itlr Plamnrg- ,IB;aaT Depar r Rap -"ztlr P/r-rTasrdBw/i6>gDeFulmav Housing program 3.1.2 —When a residential developer agrees to construct housing for persons and Same Housing program 3.1.2 When a residential developer agrees to construct housing for persons and families of low and moderate income above mandated requirements, the City families of low and moderate income above mandated requirements, the City shall either (1) grant a density bonus as required by Stare law, or (2) provide shall either (1) gent a density bonus as required by state law, or (2) provide other incentives of equivalent financial value. other incentives of equivalent financial value. (Imp 2.1, 2.2) Rapaailrlit3c Pia., >arglkpnnrer¢ R-por nlri)r PknvaigDliaa m Housing program 3.1.3 - 1kedew and consider in accordance with State law, the waiver of planning and Changed Housing program 3.1.3 Review and consider in accordance with State law, the waiver of planning and park fees, and modification of development standards, (e.g. setbacks, lot park fees, and modification of development standards, (e.g. setbacks, lot coverage, etc.) at the discretion of City Council and Planning Commission for coverage, etc.) at the discretion of City Council and Planning Commission for developments containing veto low, low- and moderate - income housing in developments containing low- and moderate - income housing in proportion to proportion to the number of low- and moderate - income units in each entire the number of low- and moderate income units in each entire project. (Imp project. 2.1, 12.1) Rai Plarv¢rg Cwrtn so:mal City CaanL RajxRailhty Plaralrg QrrR ,xv cold City Cann( 3.2 Same H 3.2 Enable construction of new housing units sufficient to meet City quantified goals by Enable construction of new housing units sufficient to meet City quantified goals by identifying adequate sites for their construction. identifying adequate sires for their construction. Newport Beach General Plan© Plaan ln Commission Revisions to Goals and Polkles Same Chanetl New Orion General Plan Gosh and Porkies Horning Program 3.2.1 — Identify the following sites as adequate, which will be made available through Changed Housing Program 3.2.1 Identify the following sites as adequate, which will be made available through appropriate zoning and development standards and with public services and appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage development of a variety of facilities needed to facilitate and encourage development of a varier} of housing types to meet Gry housing goals as identified pursuant to - housing types to meet City housing goals as identified pursuant to Government Code Section W583(1b): Banning Ranch, Airport Area, Newport ` Government Code Section 565583(6): Banning Ranch, Airport Arta, NeeTan j Center, West Newport Mesa, West Newport highway, and the Balboa Center, West Newport Mesa. Mariners Mile, %Vest Newport Highwao and the j Peninsula areas. Balboa Peninsula areas. (Imp 2.1, 35.1) RepaleMinr Plamuig Depsrmmt aml City CaonL � � Rnf —"ity for adniwg ties pW.- a dirt tf nix PGrvaig Dquitirmt an,.C.it} J U Housing program 3.2.2 — Update Zoning Code to reflect housing opportunities provided in the Land Some Housing program 3.2.2 Update Zoning Code to reflect housing opportunities provided in the Land Use Element. Use Element. (imp 2.1) RapraiFnlit3r P/amaigDeittroraq Plain Camissia: -xi Ory ans-I Resparedratyr P/a uTL)gurmun4Plamwg Canm5aerani City Cs KzL Horning Program 3.2.3 —When requested by property owners, the Cry shall approve rezoning of Some Horning Pmgmm 3.2.3 When requested by property owners, the Gry shall approve rezoning of developed or vacant property from non - residential to residential uses when developed or vacant property from non - residential to residential uses when appropriate. These rezoned properties shall be added to the fist of sites for appropriate. These rezoned properties shall be added to the lit of sites for residential development. residential development. (Imp 2.1) Repmibl/irytPlamnrg Dgu>mrtu, PL-&T Gir— simadCiry CamvL Relusirth y XPvlrgLhpxrorau, Plarvtrg Carrrissim arrl Cry C---I Provision and Preservation of Afforcloble Housing 4 Some H 4 preservation and increased affordability of the city's housing stock for very low —, low-, and moderate- Preservation and increased affordability of the Gtds housing stock for very low —, low -, and moderate - income households 11,1111111111111 1111 1 11111 1 1111111 11111 11111� 1111'' 11111111 111� income households. MFMIXMMNM�� ME= 4.1 Some H 4.1 Encourage the extension of the affordability contracts for the developments listed in Encourage the extension of the affordability contracts for the developments listed in Table Table H12 (Gty of Newport Beach Assisted Housing Summary) of this Housing Element 12 (Gry of Newport Beach Assisted Housing Summary) of this Housing Element beyond beyond the years noted the years noted. . - .... -- Programs .... ___ .. ., ._ Horning Program 4,11 — Periodically contact owners of affordable units for those developments listed Some _' Housing Program 4.1.1 Periodically contact owners of affordable units for those developments listed in Table 12 to obtain information regarding their plans for continuing in '[able P[12 to obtain information regarding their plans for continuing affordabilitvon their properties. affoniabiliryon their properties. amp 35.1) Rap—May PlammgDelunsratt ` f Rajxoxtbdayr l tamvgDc}mirrw+t J MNewport Beach General Plan Planning Commlssbn Reylslons to Goals and Policies _Same Chan dNew I Deoe General Iron GOh and P011cler Housing program 4.1.2 — Consult with the propertyowmers regarding utilizing CDBG funds and in -lieu Some Housing program 4.1.2 Consult with the property owners regarding utilizing CDBG funds and in -lieu housing funds to maintain affordable housing opportunities in those housing funds to maintain affordable housing opportutnities in those developments lined in Table 12. I developments listed in Table H12. (Imp 35.1) P- Posifiilitlr Plgrvarg Dcpmpru>< RapsaiMGry Plva¢rg Dgmvnua. Housing program 4.1.3 —prepare anitten communication for tenants and other interested parties about some Housing program 4.1.3 prepare written communication for tenants and other interested patties about Orange County Housing Authority Section 8 opportunities to assns[ tenants Change Cotmry Housing Authority Section 8 opportunities to assist tenants and prospective tenants to acquire additional understanding of hooting law and prospective tenants to acquire additional understanding of housing law and related policy issues. and related policy issues. (Inyn 19.3) RaprsibiliV P&— TDcpnvrrm Some Raprsibiliry Pdrmvrg Depvvrem. Housing program 4.1.4— Investigate availability of Federal, State, and local programs (including in -lieu Housing program 4.1.4 Investigate availability of Federal, State, and local programs (including in -lieu funds) and pursue these programs if found feasible, for the preservation of funds) and pursue these programs if found feasible, for the preservation of existing low- income housing, especially for preservation of low- income existing low - income homing, especially for preservation of low - intone housing that may increase to market rates during the next ten (10) years. A list homing that may increase to market rates during the neat ten (10) years. A list of these programs, including sources and funding amounts, will be identified of these programs, including sources and funding amounts, will be identified as as part of this program and maintained on an on -going basis. I part of this program and maintained on an on -going basis. Qmp 19.3, 35.1, Raprsibdrry' Pk—a g Drpvvra¢ 35.2, 44.8) Rap-Huy Plamu gDgrrr nr nt 4.2 Same H 4.2 Maintain and preserve existing Gry housing stock and improve energy efficiency of all Maintain and preserve existing Gry housing stock and improve energy efficiency of all housing unit types (including mobile homes). housing unit types (including mobile homes) Housing program 4.2.1 — Investigate the use of Federal funds to provide technical and financial Some Housing program 4.2.1 Investigate the use of Federal funds to provide technical and financial aseutance, if necessary, to all eligible homeowners and residential rental - assistance, if necessary, to a0 eligible homeowners and residential rental property owners to rehabilitate existing dwelling units through low - interest property ro mers to rehabilitate existing dwelling units through low- interest loans or potential loans, or grants to very low, low- and moderate - income, loans or potential loans, or grants to very low-, low - and moderate- income, owner - occupants of residential properties to rehabilitate existing units, owner - occupants of residential properties to rehabilitate existing units. (Intp Raprsil a)r P&-mg Deymvrort i 44.8) Rapcnsz&htc Xr,=g Dqurmns Housing program 4.2.2 —In accordance with Government Code Section 65863.7, require a relocation Some � Housing pmgram 4.2.2 In accordance with Govemnunt Code Section 6586 3,7, require a relocation impact report as a prerequ.one for the closure or conversion of an existing impact report as a prerequisite for the closum or conversion of an existing mobile home park mobile home park (Imp 17.2) RopasA*P/a>=��[g�/D�gxvnvardt& S= eyf�Ckb)1w,=(7he Sratevi//cktrz, m Rop,4iWG)r Filming Dgmmnu mrldrSmm cfGJifmaz(7k Swe viiIckmior auaps,Au tfIlse nlmrnm wpact pw) xupU"U). C(dv Jur�:tmr eol"a nPurt�. Newport Beach General Plan Housin Planning Commluion Revisions to Goals and Policies Same Chan etl New D,ak General Plan GOan aW Mid. Housing Program 4.2.3 — Should need arise, consider using a portion of its Community Development Some Housing Program 4.2.3 Should need arise, consider using a portion of its Community Development Block Grant funds for establishment and implementation of an emergency Block Grant funds for establishment and implementation of an emergency home repair program Energy efficient products shall be required whenever home repair program Energy efficient products shall be required whenever appropriate. appropriate. (Imp 35.2) RapvaiJnlirlr PlanrsrgDtp^rmau i I Rrspr "xt,r Pl -ro Depzmmmt Housing Program 4.2.4 — Participate as a member of the Orange County Housing Authority Advisor some Housing Program 4.2.4 Participate as a member of the Orange County Housing Authority Advisory Committee and work in cooperation with the Orange County Housing Committee and work in cooperation with the Orange County Housing Authority to provide Section 8 Rental Housing Assistance to residents of the Authority to provide Section 8 Rental Housing Assistance to residents of the community. 'Ihe City shall. in cooperation with the Housing Authority, coimnunily. The City shall, in cooperation with Elie Ikiwsing Aurbo ity, recommend and request use of modified fair market rent limits to increase recommend and request use of modified fair market rent limits to increase number of housing units within the Gry that will be eligible to participate in number of housing units within the City that will be eligible to participate in the program. 'Me Newport Beach planning Department shall prepare and die program The Newport Beach Planning Department shall prepare and implement a publicity program to educate and encourage landlords within the implement a publicity program to educate and encourage landlords oithin the Gry to rent their units to Section 8 Certificate holders and to make very low Gry to rent their units to Section 8 Certificate holders and to make very low' - income households aware of availability of the Section 8 Rental Homing income households aware of availability of the Section 8 Rental [lowing Assistance Program Assistance Program (Imp 19.3) RapaiMlit3r PlmnwgDelm Repmi ui , Plain Dgmro Housing Program 4.2.5—Participate in a Joint Powers Authority of Orange County jurisdictions for die some Housing Program 4.2.5 Panic ipate in a Join[ Powe rs Authority of Orange County jurisdictions for the purpose of financing and administering a lease purchase program for first-time purpose of financing and administering a lease purchase program for first -time homebuyers. homebuyers. (Imp 19.3) RaPoa P&wwgDepzro- rran(Clry Cooul Rapmdnluy P(mnn'BDeixi m , dQryCamil Housing for Special Needs Groups 5 Some H 5 Housing opportunities for special needs populations Housing opportunities for special needs populations 5.1 Some H 51 Encourage approval of housing opportunities for senior citizens and other special needs Encourage approval of housing opportunities for senior citizens and other special needs populations. populations. Housing Program 5.1.1 —Apply for United States Department of Urban Development Community Some Housing Program 5.1.1 Apply for United States Department of Urban Development Community Development Block Grant funds and allocate a portion of such funds to sub. Development Block Grant funds and allocate a portion of such funds to Bub - recipients who provide shelter and other services for the homeless. recipients who provide shelter and ocher services for the homeless. (Imp 44.8, Rap "u)r Plasnn,gDejw m mil dx City Caonl. 35.2) l _ RepmilnA't}r Pla, i Delvm a date Oiy C'a roi Newport Beach General Plan using Element Planahno Commhslon Revhrons to Gools and Policies Same Chan etl New I pre General Plon Goah antl Policho Housing Program 5.1.2 — Cooperate with the Orange County Housing Authority to pursue Same _ Housing Program 5.1.2 Cooperate with the Orange County Housing Authority to pursue establishment of a Senior /Disabled or Limited Income Repair Loan and establishment of a Senior /Disabled or Linuted Income Repair Loan and Grant Grant Program to underwrite all or part of the cost of necessary housing Program to underwrite all or part cf the cost of necessary housing modifications and repairs. Cooperation with the Orange Country Housing i modifications and repairs. Cooperation with the Orange Country Horsing J Authority will include continuing Gry of Newport Beach participation tit the Authont will include continuing Guy of Newxm Beach participation in the 't Orange Country Continuum of Care and continuing to provide CDBG funding Orange Country Continuum of Gre and continuing to provide CDBG funding. Rap Hr y P&-vg Deem aryl dx Qty CavnL. (Imp 203) Rop- rddiryr P1 mwgDepartrrrntarrltlx,Cliy C—.,Z Housing Program 5.1.3— Pernut, where appropriate, development of "granny" units in single- family Same Housing Program 5.1.3 Permit, where appropriate, development of "gran units in single- fanuly areas of the Guy areas of the Gry. (Imp 2.1, 12.1) Rapoar"ity PLarvmgDgurora>t Rap— PL- zslgDepatt Housing Program 5.1.4 — Consistent with development standards in residential and commercial areas, Same Housing Program 5.1.4 Consistent with development standards in residential and commercial areas, permit emergency shelters and itansitional housing under group housing permit emergency shelters and transitional housing under group housing provisions in its Zoning Code, provisions in its Zoning Code. (Imp 2.1, 12.1)) Rapoaibiliry PlamargDe/uumrn¢ j Rapoas"ity P&ravgDeA -V cot Housing Program 5.1.5 Work with the Gty of Santa Ana on provide recommendations for the Housing Program 5.1.5 —Work with the Gry of Santa Ana to provide recommendations for the Same allocation of HUD Housing Opportunities for Persons with AIDS (HOPWA) allocation of HUD Housing Opportunities for Persons with AIDS (HOPWA) funds within Orange County, funds within Orange County. (Imp 19.3) Rapaar zor M—r Dqury a Ropua"ay PlmvargDep-m Housing Program 5.1.6 — Maintain a list of "Public and Private Resources Available for Housing and Some Housing Program 5.1.6 Maintain a list of "Public and Private Resources .Available for Housing and Commumiry Development Activities." Community Development Activities." (Imp 35.1) Raposs"tty P&=TDe/uroraa Rcslu'stirt uX PlamvgLkp" fair Housing 6 Same H 6 Equal housing opportunities for all residents Equal housing opportunities ford] residents 6.1 Some H 6.1 Support the intent and spirit of equal housing opportunities as expressed in Title VII of the Support the intent and spirit of equal housing opportunities as expressed in Tide VII of the 1968 Civil Rights Act, California Rwnford Far Housing Act, and the California Unruh Gvil 1968 Gvil Rights Act, California Rumford Fair Housing Act, and the California Unruh Civil Rights Act. Rights .Art. Newport Beach General Plan M sing Element Planning Colpntr on eevbfom to Goals and Polkles Same Clanetl New Alai General Plan Goal and Polklet I Hoaxing Program 6.1.1— Contact with an appropriate fair housing service agency for the provision of Same Hoaxing Program 6.1.1 Contract with an appropriate fair housing service agency for the provision of fair hoaxing services for Newport Beach residents. The City will also work fair housing services for Newpon Beach residents. The Gn' will also work with the fair housing servce agency to assist with the periodic update of the with the fair housing service agency to assist with the periodic update of the Analysis of Impediments to Fair Hoaxing document required by HUD. The Analysis of Impediments to Fair Hosing document required by HUD. The City will continue to provide pamphlets containing information related to fair Gty will continue to provide pamphlets containing information related to hair housing at the Planning Depattme nt counter, housing at the Planning Department counter. (Imp 19.3) RepasiM/i9: Pdxmaig Deputnoa wed (CltyAmmrley. Rap- Allltl Pdaraarg Depzmmcnztrd CSe Aa—y. Hoaxing Program 6.2.2 Support fair hoaxing opportunities by using Community Development Block Housing Program 6.2.2 support fair horsing opportunities by using Community-Development Block Same Grant funds whenever necessary to enact Federal. State, and Qty fair hoaxing Grant funds whenever necessary to enact federal, sate, and Cry fair housing Policies. policies. (Imp 19.3, 35.2, 44.8) Rofx-iblrtlr PlaroeagDtpm Ra/xPSilnl¢Ir PL-wgDePsrrnas Program Monitoring 7 Same H 7 Effective and responsive housing programs and policies Effective, and responsive howl programs and policies mmmlli,; 7.1 Same 1, 1 fill H 7.1 Review the Hoaxing Element on a regular basis to determine appropriateness of goals, Review the Hoaxing Element on a regular basis to determine appropriateness of goals, policies, programs, and progress of Hoaxing Element implementation. policies, programs, and progress of Hoaxing Element implementation. Program a' Housing Program 7.1.1 —As pan of its annual-Gcnera'. Plan Review, the Cry shall previde- usfermatien Same Housing Pmgram 7:1:1 - As part of its annual General Plan Review, the Gtyshall report on the status of to the Gity Quail -report on the status of all housing programs. The portion all housing programs. 'flue portion of the Annual Report discussing Housing of the Annual Report discussing Housing Programs is to be distributed to the Programs is to be distributed to the California Department of Hoaxing and California Department of Housing and Community Development in Community Development in accordance with Califomia Sure. (Imp. 1.4, 19.5) accordance with California State. RaµvaJ�ild} PlarnasgDcpxrmnu. Ra(aoz"Iitls PL—TDe to t WNewport Beach General Plan "REMV d AFTER AGENDA Fl i<sE X33 _ -2�- June 21, 2006 The Honorable Mayor Don Webb 3300 Newport Blvd. Newport Beach, CA 92663 Dear Sir, It comes as quite a shock to received a letter from a neighbor that there is a plan for DOWN- ZONING from R2 to Rl in our area at Newport Beach. We are retired and have owned this property for 33 years. We are dependent upon income from this two unit apartment for our living. Our property is located at 122 29* St. in Newport Beach. We trust you will take into account our situation and not change the zoning on such short notice. This change would affect the value of our property and make it difficult to sell. We don't really want to sell, but you may be forcing us to do so. Why haven't we received any earlier notice of this potential change? Sincerely yours, Leonard D. Stimpson E. Roberta Stimpsi Cc: Council Member Tod Ridgeway Council Member Steven Rosansky Council Member Leslie Daigle Council Member Edward Selich Council Member Richard Nichols Council Member Keith Curry CIV �m -nim M z 2r n 0 Om M N -+1 =x June 21, 2006 Dear City Council, Mayor Don Webb Council Member Tod Ridgeway Council Member Steven Rosansky Council Member Leslie Daigle Council Member Edward Selich Council Member Richard Nichols Council Member Keith Curry We own R2 property on 360' Street and 380' Street. It is an OUTRAGE, that the city of Newport Beach is considering downzoning R21ots!!1!1 We paid the going price for R2 lots with the understanding that they would remain R2 lots, not be down zoned to RI lots. Down zoning from R2 to RI is a blow to our investment, what is the city's compensation plan for those of us who would be directly affected by this downzoning? This action is UN American; we live in a Democracy, the last time we checked. If the city is so sure all of the property owners from the Newport Pier to the Santa Ana River want downzoning, then the PROPERTY owners who currently hold title to the R2 lots between the Newport Pier and Santa Ana River must vote upon this proposal. Let the democratic process work........ fairly. We anxiously await your r��^ V - relplly�,' W M Sharon and Robert Veeh PO Box 808 La Canada Flintridge, California 91012 sharohnn@yahoo.com mum o!^ M y M N o� w m� `?air cc �x 9 06/23/2006 15:01 19496443020 June 23,006 The Honorable Mayor Don Webb and City Council members Tod Ridgeway Steven Rosansky Leslie Daigle Edward Selich Richard Nichols Keith Curry 3300 Newport BLVD Newport Beach, Ca. 92663 Subject: Down — Zoning from R2 to RI single family only. My name is Medford Bragg, My job takes me out of California at this time. I own the property at 5611 Seashore, Newport Beach, Ca. 92663 a Duplex, I am against the down ZONING from R -2 to R -1. 1 bought the property because it was and R -2 property and not an R -1 property. This down zoning would lower the property value of my property and change my Entire planning. I have plans to rebuild my property as a Duplex,(R -2)not a R -1. 1 hope to start the planning and building next year if things work out. PAGE I would hope the city Mayor and Council members would not vote in this change. It would cause me great harm and would change my plans for coming back to Newport Beach, Ca. which I love and enjoy. My job keeps me out of Newport Beach, Ca. at this time. I had hope to retire on the beach in Newport Beach, Ca, If you vote this change in, I will have to rethink my plans. This property was and R -2 property and I would not like to see it change, Think you for your consideration. Please do not change the zoning from R -2 to R -1. Medford Bragg 2653 Slow Flight Dr. Port Orange, Fl. 32128 386 -31 -4747 E -mail mbragg02 @aol.com 0 Wood, Sharon Subject: FW: TDR Policy LU 4.3 Transfer of Development Rights Page 1 of 1 "RECEIVED AFTER AGENDA PRINTED:" Permit the transfer of development rights from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density /intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities; (2) preservation of an historic building or property or natural landscapes; (3) improvement of the area's scale and development character; (4) lot consolidation to achieve a better architectural design than could be achieved without lot consolidation; and/or (5) reduction of local vehicle trips and traffic congestion; c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this Plan, and does not materially degrade local traffic conditions and environmental quality. (Imp 2.1, 5.1, 10.2, 12.1) 06/27/2006 Greenlight PO Box 3362 Newport Beach, CA 92659 newportgreenlight@cox.net June 26, 2006 Gregg B. Ramirez City of Newport Beach (949) 644 -3219 3300 Newport Boulevard Newport Beach, CA 92685 -8915 Subject: City Council Agenda Item #33 June 27, 2006 �:. Based upon the contents of the housing element, a statement of the true number of DU's being added by the GPU over the 9 areas of concentration is lacking. Additional DU's authorized under the current GP are omitted. In earlier traffic studies, the traffic generated by these other areas of the city was equal to the amount generated by the proposed increases in the GPU. My questions are: How many DU's are being added in totality by the GPU and permitted under non- changed portions of the current General Plan? How many more can be built using the density bonuses of the State? How many more can be added by converting hotel room entitlements under the GPU to DU's? What is the true traffic generation count? Why are all these factors hidden from the public? The GPU has deceptively hidden this total proposed growth in DU's and traffic and needs to be redone to both correct CEQA violations and to provide a true count of projected growth and its effects upon noise, air quality, water and wastewater supply, traffic generation and other environmental factors required by CEQA. According to the EIR, the city had 40,179 dwelling units as of 2002, including Newport Coast units annexed that year. Under the existing GP, they indicate that up to 49,729 units could be provided, i.e. 9,000+ more than exist. The EIR says that with the proposed project, up to 54,394 units could be provided, or an additional 4,666 above the existing GP build out. However, the specific changes they were showing in the EIR for just the nine detailed areas totaled about 2,000 more multi family units (5,796) than what they were showing for a total city wide (3,833), so their totals didn't add up. Why is the housing element dedicated almost exclusively to affordable housing? Don't the remainder of we residents need some guidelines to protect our home investments and quality of life? City's proposal to permit affordable housing compared to what the City requires now (20% inclusionary), the PC recommendation of 15 %, plus a way to wiggle out of even that with AH1Ps, is a total giveaway to developers. Thank you for your review of this matter, 1i3Y3 ®1IiU¢M3N 30 �!! Greenlight W3'10 AliO 31413® 331AA0 CC: City Council Philip Arst LZ' 08 LZ Nfr 90. 3AI303U i j FROM :LIMDENAU June 24, 2006 Dear Council Member Selich, FAX NO. :714 -546 -5969 Jun. 25 2006 04:16PM. P1 "RECEIVED AFFER AGENDA PRINTED' 4 33 6.0 2.0 �0 This letter is to tell you that I am opposed to down - zoning from R2 to Rl for the lots from the Newport Pier to Santa Ana River on the Balboa Peninsula and in West Newport. I'm wondering why we weren't told about this plan sooner'? I am also wondering why we are being singled out while the lots below the Newport pier to the end of the peninsula is not being rezoned? This is not fair! As a property owner I am very concerned. This will have a detrimental effect on property values. Our property on 36th Street has been in our family for 56 years and I am shocked you are even considering this! Please DO NOT down -zone our properties! Sincer- ely,// A Marilyn Lindenau 2320 Fordham Dr. Costa Mesa, CA 92626 714 -546 -5969 Jun 26 06 09:45a Patricia Wa (9491 7221992 P.1 CITN( Ca tkA t I June 26, 2006 Dear City Council Member: We own a duplex on 360' street, which is well maintained and has two garages. My family and I are appalled at your `notion' to rob us of our property value by dowazoning our area. This idea reminds me of the move by our country's highest court to miss - manage private property ownership for the good of the wealthy and/or developers. The wealthy would love to buy these properties due to their loss of value (R -2 to R -1) in order to build their McMansions. My family and others would bear the brunt of the loss due to our forethought in diversifying our portfolios in order to pay for our own retirements. Our tenants who love this neighborhood would be forced to live elsewhere thus making the region even more off - limits to the non - wealthy This is a terrible idea, which has already been turned down by property owners from the Newport Pier to the end of the Peninsula. IF your aim was to limit parking problems in this particular area set up a permit plan for people who live there. The tourist parking problem in this area is just agonizing to us who live or have lived there. I have even seen a book on Newport, which tells tourists about how they can always park on the 36" street area off Finley. Not! I cannot understand your thinking on this point and plan to attend to meeting tomorrow night in order to hear how this helps me, the property owner! For a conservative area like this one I am appalled that the council would have so little concern for private property interests. Do developers have more of a bold on you than we imagined? Sincerely I'+ —A& LJ V 41UkoKss Two concerned voters and property owners Patricia E. Watson, M.A., MFF George H. Watson D.D.S P.S. Thank you, Councilman Ridgeway for fighting this plan. HO 31 INUM N Jo AM 11d313 AI 3 3141 dot 331d40 9 5: 6 V 9Z NnP 90. RECEIVED '06 JUN 26 410:14 OFFIC£ eF THE CITY CLERK CITY Of NEWPORT 6EACN June 23, 2006 Dear Mayor Webb, Council Member's Steve Rosansky and Todd Ridgeway; I have been following the city council meetings on channel three and am aware of the Councils decisions regarding the General Plan; I do support the West Newport Area re- zoning to R -1 (single family). We have lived in West Newport for 24 years, in Newport Shores, and now in Balboa Coves. We know only to well that most of the R -2 properties are un -kept and are party houses during the summer. I believe that if these properties were R -1, we would see more owner occupied and pride of ownership. It is my opinion that property values will increase if this is accomplished. I did respond to Mr. Rosansky's request for feedback on this matter, several months ago. I know Mr. Silcock, West Newport Beach Association President at that time, compiled all of the comments submitted. I understand the vast majority wanted R -1, single family. Thank you for all of your hard work, and please re -zone to R -1 (single family). Sincerely. Evie Compton 56 Balboa Coves Newport Beach, CA 92663 (949) 646 -8711 June 23, 2006 Mayor Don Webb 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Webb; RECEIVED '06 026 IN V ®O 1CC ° NEWPORT REACEI It has come to my attention that the Newport Beach City Council is considering down zoning from R2 to RI properties between the Newport Pier and the river jetty in West Newport. I am a rental property owner in that area (128 45t' Street). My property has two units. One unit is rented year around. The second unit is rented seasonally, nine months to students in the .winter and weekly to vacationers in the summer. I have a significant investment in this.property. In addition, we are continually upgrading the property. The ability to rent both units of this property is essential to the business economics of owning the property. Down zoning it would affect the value of the property and would compromise our investment. I realize that our existing unit would be grandfathered. However, the resale value of the property would be negatively affected if our R2 entitlement is taken away. I am strongly opposed to the proposed down zoning between the Newport Pier and the river jetty in West Newport! Please reconsider down zoning the referenced properties. I will be at the city council meeting on Tuesday June 27, 2006 to personally express my opposition to the down zoning. I look forward to meeting you, Very Truly Yours, Bradford S. Bowman, President THE BOWMAN GROUP t3 Lei 21600 OXNARD STREET • SUITE 1150 • WOODLAND HILLS, CA 91367 • 818/346.2111 • FAX 818/346.2333 www.thebowmangroup.com RECEIVED '06 JUN 26 All :15 ® FIC-E OF Tt#E CITY CLERK ITY OF NEWPORT DEACN The Honorable Mayor Don Webb June 26, 2006 3300 Newport Blvd. Newport Beach, CA 92663 Re: Proposal to Down -Grade Certain Newport Beach Lots Dear Mr. Webb: We have been residents of Newport Beach since 1969 and currently reside at 426 Riverside Avenue, Newport Beach, CA 92663. In 1977, we co- purchased a duplex at $108 W. Oceanfront, Newport Beach, CA 92660 with Huguete Wilson, another Newport Beach resident, and have continually rented that property on a yearly lease. We reply on this rented (R -2) property for income and DO NOT WANT OUR UNIT DOWN -ZONED to an R -1 (Single Family) unit as this would create an economic burden on us and would be patently unfair to us as we have Yelled on this rental income for over 29 years. Gpoly— n A. Sybacl l TO 39Vd NDGHAVIS -Intld PPOPPOTTSL 9E :60 900Z/9Z/90 Jun, 26, 2006 12:52PM ABN AMRO No, 0332 P. 2 TO: Newport Beach City Council FROM: James Speutzos E{ Newport Beach Property Owner DATE: June 26, 2006 M SUBJECT: R2 Down 7oninE I am a Newport Beach, CA property owner and believe that all 122 zoned owners should : retain their R2 zone status and entitlements. I cannot attend the June 27, 2006 meeting. Please let this letter serve as my confirmation that I oppose the down zoning from R2 to RI. Thank you. g tom, m m 9. C M nCD Min �j 0 � nn M wj mn ,:L Jun 26 2006 1:35PM HP LRSERJET FAX p.2 RECEIVED WALTER E SEASTROM 359 Camino Del Sol South Pasadena, CA 91030 '06 JUN 26 P 1 :31 ®c OF NEPB Y WO EACH June 25, 2006 Council Member Tod Ridgeway City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Down Zoning from R2 to Rl 300 and 300 % 34' Street, Newport Beach Dear Councilman Ridgeway, I am writing you to express my concern and disapproval of the contemplated plan to re- zone properties from the Newport Pier to the Santa Ana River from R2 to Rl. As a property owner at 300 and 300 '!: 34s' Street for over 40 years, my family and I have always favored and enjoyed the R2 zoning and we urge you and the other council members to see that NO CHANGE is made to the existing R2 zoning when the General Plan is updated. Thank you for representing and preserving our R2 interests in this area. Sincer�ely, Walter E. Seastrom Property Owner Cc: Council Member Steven Rosansky Council Member Leslie Daigle Council Member Edward Selich Council Member Richard Nichols Council Member Keith Curry War lino 1 �( T a6 �aI uf�� 0rQIK5 l C- k ;4/ L� Z-&-L I //'Ilmo P�Z__ 0 �!-1 111 gA C3, MCI* W u cJ`�� co � -ate �-r. DOWNZONIiNG FROM R2 TO Rl. 6/26/06 Dear Sirs, My family owns a duplex located in the area targeted for downzoning. We received a letter late last week informing us of a council meeting being held tomorrow to discuss this matter. That isn't a lot of time to study the possible negative impacts of this proposition. As a property owner we need to know how this affects us. Questions I can think o£ o the top of my head include: -What does this do to my property value? _pre we grandfathered in if the property is sold or destroyed by a natural disaster? -Does it affect the current duplex status? _With the shortage of rental housing in Orange County should we eliminate more? .If a person wishes to, they can build a single family residence now. What's the purpose of rezoning to accomplish what can already be done? I'm sure that many more questions will come up with proper time to discuss this with the residents & do a thorough due diligence. Therefore, at this time it wouldn't be prudent to make any changes to the current zoning. I'm not sure how we (the residents) were notified about this but out of the 6 neighbors I've asked, NONE, have heard of this. It can't be ethical or legal to make these types of changes without a strong majority of the affected residents behind it. I will try to reschedule an appointment I have for tomorrow so I can attend your meeting but if I don't make it, please be so kind. as to read this letter. PLEASE VOTE NO ON THIS FOR ME. Best Regards, Mike & Teresa Gordon 210 36' Street Newport Beach, Ca 92663 cs y �-1 n -urn N M C n r we 'V m >.r- CA i c� A, FROM :BARRETT TDESIGN June26, 2006 FAX NO. :14356457846 Honorable Mayor Don Webb COMO Member Tom Ridgeway Council Member Steven. Ro� Carmel Member Leslie Daigle Council Member Edward Selwh Coumal Meanber Richard Nichols Council klmberKedh Curry As an R -2 property owner at 125 -27th I oppose Down - Zoning of my Jun. 26 2006 03:51PM i i I heat out both units weekly all year long. There is a 10�o bed tax on top c units rented. It not only lowers my rental income, but it will decrease the v When it comes time to sell the properties at R -1 Values, the properties will values for property tax purposes. I would think that it would riot benefit am property owner or Newport Bcach. If it is a traffic problem im�olved, I bd are visiting the beach area are caving a lot of the traffic congestion. I wilt join in an any effort to prevent the DownZoning from happening Silica , Greg Barrett ty involved name tax from the L of the property, assessed at lower e financially, the e the people that P1 km g o® m` M g2 w < 3tl fm lit cam t4 SUN -26 -2006 14:37 From: City Council City of Newport Beach Newport Beach, CA Dear Members: To:19496443039 P.1 /1 I am very to the change in the General Plan cha mg R2 t4 Al. Even though moyvhouse N a single family house. I do not feel drat 1 or my heirs should be to limited to any future changes of the property. 1 am surrounded by two stories duplexes and condos, and I would be the only lot at a R2 zoning. Thank you for your consideration. I would like to be invited to any future meeting about the subject. Sincerely y ours, Margaret Jane Martin 510 35th Street Newport Beach, CA 92663 �c # (9 '/ `!) & yy —_30 -3 q 4o m 0 (alp -1 �m IV o t7 ym Vr �J Vr 24 June 2006 TO: The Honorable Mayor Don Webb Copies to: Council Member Tod Ridgeway Council Member Steven Rosansky Council Member Leslie Daigle Council Member Edward Selich Council Member Richard Nichols Council Member Keith Curry SUBJECT: West Newport Beach R -2 Down- Zoning RECEIVE D '06 u3 27 A7 54 OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH We, Kenneth S. Collins and Jane B. Collins, the property owners of 4810 Neptune Ave, Newport Beach, California, 92663 do not want the R -2 Down - Zoning. ,. �. 12e B C�ll'ins 5014 Del Moreno Drive Woodland Hills, CA 91364 Tel: 818 - 347 -2403 Fax: 818-347-4010 kcollins2000@sbcgJobal.net 04-26 -2006 09:29 PM MILLS -562 427 0191 RECEIVED TO: isomer L. Bludau *06 JUN 27 A 7 :54 City Manager (949) 644 -3020 WICE OF CITY PLEASE FORWARD TO THE HONORABLE MAYd kTb6N THE T $CH ALL COUNCIL MEMBERS FROM: Walter and Gertrude Seastrom DATE: June 26, 2006 SUBJECT: Down- Zoning from R2 to RI (Property at 300 34'h Street, Newport Beach) It has come to our attention that the Newport Beach plan is being updated and that this includes down - zoning to RI, all lots from Newport Pier to the Santa Ana River on the Balboa Peninsula and in the West Newport area. From a personal standpoint, we object to down - zoning from R2 to RI. We have owned the property at 300 34 St. for 45 years. Originally there was a one bedroom cottage about 40 -50 years old in the rear and a two car garage plus a room and bath in the front. We increased these facilities to make it a three bedroom, two bath unit for our family's use and it continues to be our second home. The cottage remains a rental unit. Our concern with down -zoning is in regards to the cottage which is now over 85 years old. We have four children who want to keep the beach property in the family. It is our understanding that under Rl, our children would not be able to replace the cottage. We will not be in town for the June 27m meeting to voice our objection and concern over the change to Rl and request that R2, allowing two units on a lot, be maintained. We hope you will reconsider your plans. We understand that the property owners from the Newport Pier to the end of the Peninsula did not want the down - zoning changes on R2 lots to RI and that they continue to benefit from their R2 zoning. Sincerely, Gertrude C. Seastrom Walter E. Seastrom 359 Camino del Sol South Pasadena, CA. 91030 P.01 RECEIVED '06 JM 27 R7 59 OFFICE 9F HEWPCITY BEACH To The City Council Newport Beach Dear Council Members 6602 west ocean FroiA Newport Beach Ca. 92663 I am a property owner in Newport Beach that will be significantly affected by the ,proposed down zoning of all dwellings from the tport pier to the river jetty in West Newport. I would like to go on record as a property owner objecting to the proposed down zoning. Sincerely tap' rr•� -h n. ftaf Wickramasekaran JUN -26 -2006 08:26 PM MILLS 562 427 0191 P.01 TO: The Honorable Mayor Don Webb Council Member Tod Ridgeway Council Member Steven Rossnsky Council Member Leslie Daigle Council Member Edward Sellch Council Member Richard Nichols Council Member Keith Curry (949) 644 -3039 FROM: Gertrude C. and Walter E. Seastrom DATE: June 26, 2006 SUBJECT: Down - Zoning from R2 to Rl (Props RECEIVED '06 AN 27 A 7 59 OFFICE OF THE CITY CLERK OITY OF NEWPORT BEACH at 300 34te It has come to our attention that the Newport Beach plan is being updated and that this includes down- zoning to Rl, all lots from Newport Pier to the Santa Ana River on the Balboa Peninsula and in the West Newport area. From a personal standpoint, we object to down- zoning from R2 to RL We have owned the property at 300 34 St. for 45 years. Originally there was ago new r the about 40 -5o years old in the rear and a two car garage plus We increased these facilities to make it a three bedroom, two bath unit for our family's use and it continues to be our second home. The cottage remains a rental unit. Our concern with down - zoning is in regards to the cottage which is now over 85 Years old. We have four children who want to keep the beach property in the family. It is our understanding that under R1, our children would not be able to replace the cottage. We will not be in town for the June 271i meeting to voice our objection and concern over the change to RI and request that R2, allowing two units on a lot, be maintained. We hope you will reconsider your plans. We understand that the property owners from the Newport Pier to the end of the Peninsula did not want the down -zoning changes on R2 lots to Rl and that they continue to benefit from their R2 zoning. Sincerely, Gernude C. Seastrom Walter E. Seastrom 359 Camino del Sol South Pasadena, CA. 91030 06/23/06 The Honorable Mayor Don Webb 3300 Newport Blvd. Newport Beach, CA 92663 Dear Sir, RECEIVED '06 JN 27 A9 :34 @ TtY ©F NEWPORT BEACH I understand the City Council is looking at changing the zoning of R2 lots to R1 on the Balboa Peninsula and West Newport. As a homeowner of a R2 lot in this area, I am NOT in favor of this change. I purchased this property because it was zoned R2. As far as I'm aware, someone could build a single - family home on a R2 lot if they prefer. I will be out of town on 06/27/06 and will be unable to attend the City Council meeting addressing this issue. If I were able to attend this meeting I would be verbally telling the City Council that I am very much against this zoning change. Respectfully submitted, pa, ?:: �,W� Paul Belna 312 & 312 % 33`d St. Newport Beach, CA 92659 Jun 27 06 09:17a DGI D.G.I. Donna Grubbs 949 - 388 -4173 p.l P.O. BOX 741 DANA POINT, CA. 92629 Phone. (949) 388 -4161 '06 JUN 27 A9:43 Fax.(949) 388 -4173 E -mail. DG1rugs@robcom OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH FAX TRANSMISSION Date: 6 -27 -06 To: Newport Beach City Council Attn: City Council From: Donna Grubbs Re: R2 Zoning Dear Council Members, Page: 1 Fax: 949- 644 -3039 My family has owned a property at 120 46'". Street since 1958. We have lived in this property for several years and rented out a second unit for income and to offset costs. It would be a hardship if the zoning was changed. This area has always been R2 and to change it would be, in my opinion, unlawful. I will do everything in my power to stop this issue on changing the zoning. L' / Donna rr westnewport Friday June23, 2006 Dear council members: I have watched your actions for the past year or so. I have never spoken at a council meeting. Out of respect for anyone who devotes their time z have been a fence sitter -not taking sides even though I havn't agreed with much of your agenda. The latest, if it's true, is just too much. I feel you are totally out of line with any plan that takes away my duplex and retirement income. z'm willing to accept the risks and rewards of investing, however. to have my future income and quality of life demolised by a group of my elected neighbors who hold this sort of power is ridiculous. Get real. z deserve a reply, as do the Property owners of R -2 of the areas of the west penninsula and west newport, many of whom live in one unit and only have the other unit rental income, as the sole supplement to their social security. Page 1 ao U W Jt >-as f F K Lft sW W CDu- tr �r Page 1 Jun 27 06 01:31p Lines Fax i Prudential June 27, 2006 Honorable Mayor Don Webb Newport Rcach Via FAX 949644 -3039 Dear Mayor Webb; 7143681394 p.2 Julie Linos 4a4ITP �+�a ►'I�- kIAL1Uli' � :k7 Prudential California Realty 79962 Ivy (ill:nn Ur Suile�jaQ 27 P•151 I alluna Niguel. CA liRi'1 / �� L _ 114 943 691 OFFICE. OF THE CITY CLERK CITY OF NEWPORT BEACH As the owner of two properties in Newport Beach, 4503 Seashore and 4814 Neptune,, 1' am writing you to oppose the proposed down - zoning of the properties from the Newport Pier to the Santa Ana River. I first because aware of this change when i received a. letter from the Newport Property Alliance Rights Alliance group on June 24t ^. 1 disregarded it at first because i believed that there was no way that something so significant and with such impact on the rights of property owners could be shoved through with so little public notice and input. As an owner of two duplexes, I understand first hand the issues facing all of us as owners and residents. Parking, overcrowding, un- enforced code issues and un- enforced zoning are just a few of the problems. However, I would liken this strategy to killing ants with a bulldozer. I also question the logic of taking away the rights of a select group of property owners with so little notice, almost no discussion and in a manner that seems almost underhanded. People who bought property in the area had a right to assume that the purchase of a legal and conforming duplex would not have this zoning taken away at the whim of city officials. Financial decisions were made and models built that did not have this factor taken into account. Mr. Ridgeway personally made a statement to me on the phone that the R2 status would remain with the property until it was remodeled and would be passed if the property were sold. As a property owner should I rest assured that this is a correct statement? What if tomorrow you decide to take that away? if the ability to sell the properties with the R2 status is removed, the area will become blighted as the property owners lot the duplex units fall into disrepair knowing they are only worth the land value. This zoning change does not represent the wishes of the of R2 property owners. This zoning change serves the needs of the few influential single family home dwellers who would like a less dense neighborhood, I would suggest that you could start by enforcing the zoning that you have in place and making everyone conform to the earreet standard to start with. That would reduce the density by 25 %. Crack down oft the high density renters and enforce the maximum "renters" per house. Enforce the R2 rules and eliminate the illegal triplexes and fourplexes that are everywhere. We all want a better neighborhood and we support your etiiorts to do that. However, taking away my bundle of rights as a real estate owner is not the correct Place to start. We hope that you and the council members will take the input of the owners seriously and reflect the wishes of your constituents in your actions. Res ec blly Submitted, J � i os 450 shore Newport Beach, CA 92663 714 - 943 -1391 0 Af I I]01'UPME!A, KWQ'I] elm 11,0 x:: I , "., I e, A nhl P"wmnl.c Baal 1 $1:112 Alid4hm.'rr Jun 27 06 02:02p MD Electric 760- 327 -5024 p.l Doug and Denice Knight 123 36'h Street Newport Beach, CA 92663 George Schroeder Newport Property Rights Alliance Attention City Council, June 27, 2006 We can not attend this council meeting tonight, but however would like to say we have recently purchased a unit at 123 36" Street, We want to keep the R2 development, we paid extra to have an R2 and don't want it to go away. We also have neighbors who have a unit at 204 36h Street and another at 124 45' Street and they, also do not want it to go away. Please put our letter in for us and if you have, any questions please feel free to call US. Doug and Denice Knight 123 36`h Street, Newport Beach (760) 497 -7196. John and Jane Dodd 204 36"' Street and 124 45`h Street, Newport Beach (760) 799 -1785 s °® M n u� oc> rncl xPC FROM :datadpt FAX NO. :9496750120 Sun. 27 2006 12:55PM P1 Oil G A d &-v -h a L a2 3.3 Ao/ 6 (.0 aT �3 9 U Ga m X�, q Vm ocl 4y W, f7� Richard D. Mushegain P.O.Boa 5982 Pasadena, CA 91117 (909) 578 -4865 June 27, 2006 The Honorable Mayor Don Webb City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Proposed Down Zoning of Lots on Peninsula from Newport Pier to Santa Ana River from R2 to RI Dear Mayor Webb, My brother and I own a duplex in the affected area, namely 12131st Street Through the efforts of a grass routes organization named, "Newport Property Rights Alliance" we recently learned of the proposed down zoning of our lot. We strongly object to any such down zoning. We believe that the proposed change in zoning from R2 to RI would adversely affect the value of our property and limit our options for the future use of the property. We are also concerned that the City did not act to notify the affected property owners by mail but rather we had to rely on such notification from a group of concerned citizens. Sincerely, Richard DMushegain c.c. Council Member Tod Ridgeway 0 Council Member Steven Rosansky Council Member Leslie Daigle c. Council Member Edward Selich x f€1 Council Member Richard Nichols n Council Member Keith Curry Orn N. M W< } 3 rt}� W W Gail Wolcott 12134 th St. Newport Bch. 92663 City Council Members, WZX91-� I have lived in my home for 31 years Please do not DOWN -ZONE from R 2 to R 1 Thank you, y� C? �1 M 0 roam N 1f7 Ca 2r7 V 4Ef or" w�