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HomeMy WebLinkAbout17 - General Plan Annual Progress Report (PA2007-195)SUBJECT: TO: PLANNER: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 March 23, 2010 General Plan Annual Progress Report including Housing Element Report (PA2007 -195) HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @newportbeachca.gov RECOMMENDATION Receive and file. DISCUSSION Government Code Section 65400 mandates that the City prepare an annual report on the status of the General Plan and the progress of implementation. Specific requirements are included in the report which are mandated by Government Code Section 65400(B) and Government Code Sections 65583 and 65584, relating to implementation of the Housing Element of the General Plan. After the report is received by the City Council, a copy is required to be sent to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The General Plan Annual Progress Report (Attachment No. CC1) follows preparation guidelines set forth by OPR and provides information for decision makers on the status of the General Plan and progress on implementation during the 2009 calendar year. Not all Implementation Programs are included. Implementation Programs on the General Plan Implementation Task List created by the General Plan /Local Coastal Program Implementation Committee were reviewed. The list created by the Committee identified the priority General Plan Implementation Program tasks to implement the General Plan. As mandated by Government Code Sections 65583 and 65584, the Housing Element Report of the General Plan Annual Progress Report demonstrates the City's progress in meeting its share of regional housing needs and Housing Element programs. As recommended by Government Code Section 65400(8) staff used guidelines provided by HCD to prepare this Report. The Housing Element Report includes the following information: HE and GP Progress Report March 23, 2010 Page 2 A. annual building activity reports for new housing units; B. regional housing needs allocation progress; and C. program implementation status including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The General Plan Annual Progress Report including the Housing Element Report was received and filed by the Planning Commission on March 5, 2010, Public Notice: This item is not a public hearing and does not require public notice. Environmental Review Not subject to CEQA, as the actions are not a project as defined in Section 15378(b) (2) of the Public Resources Code. Prepared by: Melinda Whelan, Assistant Planner ATTACHMENTS Submitted by: Davi Lepo, Planv9YIg Director CC 1 General Plan Annual Progress Report (Including Housing Element Report) CC 1 General Plan Annual Progress Report (Including Housing Element Report) N m CITY OF NEWPORT BEACH GENERAL PLAN ANNUAL PROGRESS REPORT (Including Housing Element Report) 2009 Calendar Year Consistent with Government Code Section 65400, the General Plan Annual Progress Report was prepared using guidelines set forth by OPR and provides information for decision makers on the status of the General Plan and progress on implementation during the 2009 calendar year. The updated Newport Beach General Plan was adopted in November 2006 pursuant to guidelines provided in Government Code Section 65040.2 and consistent with Section 65400(a)(2)(c). On December 12, 2006, City Council created the General Plan /Local Coastal Program Implementation Committee for the purpose of guiding implementation of the General Plan and Local Coastal Plan. The Committee created the General Plan Implementation Task List to implement the General Plan. This report evaluates and provides the status of work on each task as well as on other tasks not included on the Task List. The Housing Element Report addresses specific requirements mandated by Government Code Section 65400(a)(2), Government Code Sections 65584 and 65583, and can be found following the General Plan Implementation tasks. A. GENERAL PLAN IMPLEMENTATION TASKS v,` ,. � x{e/sts.�t.�ai,i {,t'.�,`ff i.LF.'S�f�l,..�.,t4t..: i ",.. „. .. ,,F ,.0,�°3fi`M1 P'.^�:df'�1 ,°:'. b. .. si'f✓2s,' #"'rw' i:srb }F 1. Interim zoning resolution including Complete the ability to require development agreements. No Interim Study Overlays were (Land Use Element) processed during 2009. 2. Procedures to implement single- and Complete two- family design policies. (Land Use Element) Ordinance No. 2007 -3 adopted Residential Design Criteria for X single and two -unit residential developments. Implementation ongoing. 3. Zoning Code and Specific Plan Pending rewrite. (Land Use Element) • Second Public Review Draft released July 2009 ■ The third Draft is expected March 2010; after the third review public hearings will be scheduled with adoption anticipated in October 2010 4. Housing Element certification by Pending HCD (Housing Element) Re- submittal to HCD anticipated May 2010 5. Park dedication fee update (Quimby Complete Act). Natural Resources Element 6. Economic Development Strategic Ongoing Plan Implementation (Land Use Element) Annually update the Strategic Plan Implementation schedule, which includes objectives from the plan and a time line with allocated staff hours • Objective 2.2 Changes to Newport Center /Fashion Island, is nearing completion with two stores that opened in 2009 and Nordstrom anticipated to open in 2010 ■ Summer Water Taxi Exploratory Committee established in May 2009 and Water Taxi Conceptual Feasibility Study Report completed (Implementation of X 3 General Plan Policy CE 5.2.2) ■ Special Events Advisory Committee established, 2010 Special Events Calendar created, work continues on setting criteria for reviewing Special Events Funding Applications and the creation of an Application Form 7. Fair Share Fee update Pending (Circulation Element) Consultants hired by the City continue to work towards completion and adoption is anticipated May 2010. 8. Airport Area infrastructure study and Pending fee (s) (Land Use Element) Infrastructure recommendations have been prepared by ROMA Design Group. 9. Inclusionary Housing Ordinance and Pending In -lieu fee (Housing Element) A draft Inclusionary Housing Ordinance was prepared and is currently available for public review on the City's website • The Ordinance creates a new chapter that will be included in Title 19 (Subdivision Code) of the Municipal Code and provides the legal justification for requiring in -lieu fees and procedures for the implementation of Housing Program 2.2.1 • In response to comments received from the Building 0 N Industry Association on the legality of the Ordinance, the City Attorney's Office will review the Ordinance for compliance with recent case law pertaining to inclusionary zoning • The Ordinance is anticipated to be adopted mid -year 2010 10. Parking requirements and On -going management (Circulation Element) Balboa Village Parking Management Study was presented in Study Session to the City Council • The City council moved to acquire 608 E Balboa Blvd and 209 Washington St for future parking use • The Corona del Mar Parking Management Study was presented to the City Council in Study Session • The Lido, Cannery, McFadden Square Parking Management Study is in final draft 11. Local Coastal Program Land Use Complete Plan Amendments - Amend CLUP for consistency with General Plan . In February of 2009, Land Use Element Coastal Commission (Land Use Element) approved the City's Coastal Land Use Plan amendment with 52 suggested modifications • In July of 2009, the City Council accepted all of the suggested modifications and amended the Coastal Land Use Plan accordingly N 10 • A follow -up General Plan Amendment (Land Use Element) is necessary to eliminate several inconsistencies in land use designations which is anticipated to be resolved in mid -2010 12. Traffic signal synchronization Pending (Circulation Element) • Phase 1 of the TSM was completed in March of 2009 • Phases 2 and 3 were combined and the construction contract was awarded 4/14/09. Completion is planned for April 2010 • Phases 4 and 7 were also combined and construction contract award is planned for April 2010 13. Planned Community rewrite and On -going revisions (Land Use Element) Property owners are responsible for amendments in the North Newport Center and Airport Area ■ City prepared a conceptual development plan for Koll and Conexant (Airport Area) — CEQA analysis is still pending, the Integrated Comprehensive Development Plan is nearly complete and will be presented to the Planning Commission and 10 F. City Council in Spring 2010 ■ Koll and Conexant have submitted applications for zoning documents based on the conceptual development plans Koll - • Applicant is preparing a conceptual site plan for the project and has had extensive discussions with City staff to address issues with traffic circulation, fire access, and open space requirements • Applicant is currently preparing the Planned Community text for submission Conexant — • Staff has completed its third review of the Specific Plan and the preparation of the Environmental Impact Report (EIR) is currently underway • Public hearings anticipated for late 2010 or early 2011 • Banning Ranch application includes the development of a Planned Community Development Text and the draft EIR is expected to 7 circulate June 2010 14. Banning Ranch Pre - Annexation and Pending Development Agreement (Land Use Element) • Notice of Preparation of EIR released in March 2009 • Environmental Scoping meeting held in April 2009 • Report of Funding Feasibility for Open Space Acquisition at City Council Study Session August 2009 • The draft EIR is anticipated to be circulated in June 2010 15. Acquisition for Open Space — Pending support active pursuit of Banning Ranch as permanent open space Report of Funding (Land Use Element) Feasibility for Open Space Acquisition at City Council Study Session August 2009 16. Harbor Area Management Plan Pending (Harbor and Bay Element) • Council requested revisions of Plan at meeting in August 2009 • Council approval anticipatedApril /May 2010 17. Run -off and Pollution Reduction Plan On -going (Natural Resources Element) • Adoption by the Santa Regional Water Quality Control Board (SRWQB) of the SARWQCB Water Quality Order No. R8- 2009 -0030 NPDES No. CAS618030 which is the storm water permit that the City is required to work under • City Council approval of Amendment to NBMC 14.16 Permanent Water Use Restrictions and Drought Response • Draft Amendment to NBMC 14.17 Landscape and Irrigation Water Use Regulations and Design Standards ready to go to City Council and approval anticipated January 2010 • Shane Burckle, Water Conservation Coordinator, continued emphasis placed upon public outreach and education for storm, ocean and recreational water quality and water conservation 18. Land Use database refinements and On -going maintenance (Land Use Element) Maintenance and updates of databases are on- going. 19. Fiscal Impact Model training Complete 20. Measure S guidelines regarding Complete variable FAR (Land Use Element) Amendments to City Council Policy Manual adopted in August 2009. 21. Building Code amendments Ongoing regarding green buildings (Land Use Element) Resolution 2008 -21 adopted by City Council on April 8, 2008, established the Task Force on Green Development. The following tasks were completed in 2009: • Researched green building programs in other communities • Reviewed the various green grading systems (LEED, Build It Green, etc.) • Reviewed the new state law regarding a green building code and provided suggestions to the Council as to where the City should exceed the new state requirements • Advised the Council on the City's input to new CEQA guidelines in relation to Senate Bill 97 • Prepared a proposal for future City action for the Council's review • The 2008 Green Building Standards Code (CalGreen) became effective in August 2009 22. Amend City Council Policies on Pending historic, archaeological and paleological resources Historical Resources Element 23. Funding and priority program for Not started construction of noise barriers along arterials (Noise Element) iul 24. Annual Review of CIP to determine consistency with the General Plan and Coastal Land Use Plan (Land Use Element) Ongoing On June 4, 2009, staff presented CIP for fiscal year 2009 -2010 to the Planning Commission for review. Planning Commission provided comment and CIP was included with the CIP budget presentation to City Council. 25. Emergency Preparedness Ongoing (Safety Element) In May of 2009, the Disaster Preparedness Division implemented AlertOC, which is a mass notification calling system for staff, residents, and businesses. A test call was conducted on May 21 to over 55,000 residents and businesses to make sure the system was working properly. The Division also held 6 Emergency Operations Center (EOC) training sessions, two Department Operations Center drills, and an evacuation drill at all City facilities. The Community Emergency Response Team (CERT) program certified over 125 residents as Disaster Service Workers, completed School Emergency Response Team (SERT) training sessions in all 11 public schools and 2 private schools, and conducted Business Emergency Response Team training sessions. v4' 11 B. GENERAL PLAN POLICY IMPLEMENTATION TASKS NOT INCLUDED ON THE GP /LCP TASK LIST T ASI�S f.. ix ST;arus 1. Priority for Facility Provision Parks and Ongoing Recreation (Recreation Element) . New Oasis Senior Center — construction close to completion • Sunset Ridge Park— El released in October for 45 -day public review period • Banning Ranch - draft plans include park and open space areas 2. Alternative Transportation Modes Ongoing (Circulation Element) Task Force on Cycling Safety established in November 2009 and identified the following areas for improvement: • Improving the safety of streets and highways for cyclists, including but not limited to additional bike lane designations and "Share the Road" signs; • Ways to encourage the cycling community to be fully respectful of autos, pedestrians, and all traffic laws; and • Ways to encourage auto drivers to respect cyclists' right to use roads, including educational programs using ,,5 12 existing City publications • Reviewed Newport Beach Bicycle Trails Map for possible revisions • Reviewed Newport Beach Bikeways Master Plan for gaps in implementation The Committee is working on a Draft Report which will be presented to the City Council possibly at the second meeting in April 2010. The report includes a discussion of a new bike map, outlines "hot spots" where safety improvements can be made, covers the topic of "sharrows" (shared lane markings), discusses safe routes to school programs, and lists locations where additional bike racks should be installed. ! t,n CITY OF NEWPORT BEACH GENERAL PLAN ANNUAL PROGRESS REPORT Housing Element Report 2009 Calendar Year As required by Government Code Sections 65584 and 65583, the Housing Element Report demonstrates the City's progress in meeting its share of regional housing needs and Housing Element programs. As mandated by Government Code Section 65400, this report was prepared consistent with guidelines provided by the Department of Housing and Community Development (HCD). The Housing Element report includes the following information: A. annual building activity reports for new housing units; B. regional housing needs allocation progress; and C. program implementation status including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. A. Annual Building Activity Reports for New Housing Units Data from the Newport Beach Building Department "Building Activity Report" was used to prepare the following table, illustrating the number of permits issued for construction of new housing units and for demolished housing units in calendar year 2009: PERMITS ISSUED FOR HOUSING: UNITS 2009 CALENDAR YEAR I NEW UNITS I DEMOLISHED UNITS NET INCREASE IN UNITS 2009 172 166 16 2 ANNUAL BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS 2009 VERY LOW 1. 2. 3. 4. 5. 6. 7. 1 708 SINGLE 2-4 UNITS 5+ SECOND MOBILE TOTAL INFILL FAMILY UNITS UNIT HOMES UNITS No. of UNITS 0 0 0 0 0 0 0 PERMITTED FOR MODERATE No. OF UNITS 66 3 (2 -UNIT 0 0 0 0 72 PERMITTED PROJECTS) FOR = 6 TOTAL ABOVE UNITS MODERATE B. REGIONAL HOUSING NEEDS ALLOCATION PROGRESS The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned Newport Beach a share of the region's new housing units that should be constructed in the 2006 -2014 planning period to satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region, SCAG determined the City's share of RHNA to be 1,784 dwelling units. The City submitted a draft Housing Element to HCD on August 25, 2008. Staff received comments from HCD on October 24, 2008, and is currently working on addressing these comments before resubmitting the draft Housing Element to HCD for certification. The table, below, summarizes the City's share of RHNA for new housing construction, for households at different income levels, for the 2006 -2014 Planning Period. TOTAL RHNA CONSTRUCTION NEED BY INCOME 2006 -2014 VERY LOW I LOW: MODERATE ABOVE MODERATE TOTAL- 392 322 362 1 708 1,784 22% 18% 20.3% 1 39.7% 1 100% 3 CITY'S PROGRESS IN ; MEETING IT'S SHARE OF THE REGIONAL HOUSING NEEDS ASSESSMENT DURING RHNA PERIOD 2006 -2014 VERY LOW MODERATE ABOVE TOTAL !` LOW neighborhoods by strictly enforcing A quarterly report on code MODERATE ' building code regulations and abating >-PROJECTED NEED 392 322 362 708 1,784 NEW UNITS 0 0 0 18 18 PERMITTED Housing Authority and Housing and Community Development Division in 06-07 their administration of rehabilitation City's Advisory Committee loans and grants for low- and NEW UNITS 0 0 0 10 10 PERMITTED' 07 -08 preservation of existing City housing stock. NEW UNITS 0 0 0 6 6 PERMITTED 08 -09 when housing is or has been The City uses Chapter 20.86 occupied by very-low, low -, and REMAINING NEED 392 1 322 1674 11,750 C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS TO REMOVE GOVERNMENTAL CONSTRAINTS ?ROGRAAM ';GOAL;° 1.1.1 Improve housing quality and prevent On -going deterioration of existing neighborhoods by strictly enforcing A quarterly report on code building code regulations and abating enforcement activities is code violations and nuisances. provided to the City Council and public and kept on file at the City. 1.1.2 Participate with the Orange County On -going Housing Authority and Housing and Community Development Division in City staff attends OCHA's their administration of rehabilitation City's Advisory Committee loans and grants for low- and meetings to keep up to date moderate - income homeowners and on rehabilitation programs rental property owners to encourage offered by the County. preservation of existing City housing stock. 1.1.3 Require replacement of housing On -going demolished within the Coastal Zone when housing is or has been The City uses Chapter 20.86 occupied by very-low, low -, and "Low and Moderate Income moderate - income households within Housing within the Coastal the preceding 12 months. The City Zone" to implement this shall prohibit demolition unless a program. CRDP issued in . vP M Coastal Residential Development 2009: (CRDP) Permit has been issued. The 2.1.1 specific provisions implementing • CRDP required to replacement unit requirements are demolish a triplex on contained in the Municipal Code. 494, 496, and 498 to condominiums unless the vacancy Seaward Road • Based on a survey staff found that no units in the existing triplex were occupied by low or moderate income persons or families, requiring no replacement units and the CRDP was approved PROCriut. ,Goa4 ..`.rrd y ; ,vj • SFAFtis 2.1.1 Maintain rental opportunities by On -going restricting conversions of rental units to condominiums unless the vacancy A vacancy rate survey is rate in Newport Beach for rental completed every quarter to housing is an average 5 percent or monitor consistency with this higher for four (4) consecutive policy. quarters, and unless the property owner complies with condominium conversion regulations contained in Chapter 20.83 of the Newport Beach Municipal Code. 2.1.2 Take all feasible actions, through use On -going of development agreements, expedited development review, and No applications for expedited processing of grading, construction of affordable building and other development housing were submitted. permits, to ensure expedient construction and occupancy for projects approved with low- and moderate - income housing requirements. 2.1.3 Participate with the County of Orange On -Going in the issuance of tax - exempt mortgage revenue bonds to facilitate The issuance of tax - exempt 5 and assist in financing, development and construction of housing affordable to low and moderate- income households. mortgage revenue bonds is project driven, and the developer typically applies for the bonds. No applications were received. 2.1.4 Conduct an annual compliance- On -Going monitoring program for units required to be occupied by very low -, low -, and Annual compliance moderate - income households. monitoring report for the City's income and rent restricted units was completed in September 2009 with follow -up continuing through December 2009 for two out of compliance affordable housing projects. 2.2.1 Require a proportion of affordable On -going housing in new residential developments or levy an in -lieu fee. No projects were approved. The City's goal over the five -year Staff is currently working on planning period is for an average of adopting an Inclusionary 15 percent of all new housing units to Housing Ordinance: be affordable to very low —, low -, and moderate - income households. The A draft Inclusionary City shall either (a) require the Housing Ordinance payment of an in -lieu fee, or has been prepared (b) require the preparation of an and is currently Affordable Housing Implementation available for public Plan (AHIP) that specifies how the review on the City's development will meet the City's website affordable housing goal, depending The Ordinance on the following criteria for project creates a new size: chapter that will be included in Title 19 1. Projects of 50 or fewer units (Subdivision Code) of shall have the option of preparing an the Municipal Code AHIP or paying the in -lieu fee. and provides the basis for the in -lieu 2. Projects where more than 50 fees and procedures units are proposed shall be required for the to prepare an AHIP. implementation of Implementation of this program will Housing Program occur in conjunction with City 2.2.1 R v° ~x approval of any residential The Ordinance is discretionary permits or Tentative anticipated to be Tract Maps. To insure compliance adopted mid -year with the 15 percent affordability 2010 requirements, the City will include conditions in the approval of discretionary permits and Tentative Tract Maps to require ongoing monitoring of those projects. 2.2.2 The City shall provide more On -going assistance for projects that provide a higher number of affordable units or a No projects providing greater greater level of affordability. At least than the required affordability 15 percent of units shall be affordable component were proposed. when assistance is provided from Community Development Block Grant funds or the City's in -lieu housing fund. 2.2.3 For new developments proposed in On -going the Coastal Zone areas of the City, the City shall follow Government See status of Program 1.1.3. Code Section 65590 and Title 20. 2.2.4 All required affordable units shall On -going have restrictions to maintain their affordability for a minimum of 30 No new affordable units were years. approved. 2.2.5 Advise existing landowners and On -going prospective developers of affordable housing development opportunities City staff has been available within the Banning Ranch, discussing affordable Airport Area, Newport Center, housing development Mariners' Mile, West Newport, and opportunities with the Balboa Peninsula areas. applicants on the Banning Ranch, Koll and Conexant projects and with other potential affordable housing developers. As part of the Master Plan Development of Banning Ranch and the Plans for Koll and Conexant, an AHIP will be prepared to address affordable housing requirements. 2.2.6 Periodically contact known local On -going v° ~x 0 v developers and landowners to solicit new affordable housing construction. The City Manager's Office, and Economic Development Division periodically discuss the construction of new affordable housing with local developers and landowners. City staff introduces the idea of constructing affordable housing to developers who propose large residential projects and discuss density bonuses to assist in the construction of affordable housing. 2.2.7 Participate in other housing On -going assistance programs that assist production of housing. City staff attends OCHA Cities Advisory Committee meetings to keep up -to -date with programs that assist in the production of housing. Staff informs developers of programs that are available to assist in the production of housing for all income levels. 2.2.8 New developments which provide On -going housing for lower income households that help meet regional needs shall The City has provided a copy have priority for the provision of of the Housing Element to available and future resources or water and sewer service services, including water and sewer providers. Pursuant to state supply and services. law, water and sewer providers must grant priority to developments that include housing units affordable to lower income households. v 2.3.1 Study housing impacts of proposed major commercial /industrial projects during the development review process. Prior to project approval, a housing impact assessment shall be developed by the City with the active involvement of the developer. Such assessment shall indicate the magnitude of jobs to be created by the project, where housing opportunities are expected to be available, and what measures (public and private) are requisite, if any, to ensure an adequate supply of housing for the projected labor force of the project and for any restrictions on development due to the "Charter Section 423" initiative. M On -going Staff will consider developing housing impact fees for all new commercial and industrial developments as an additional or alternative resource for providing affordable housing. Staff monitors all new planning applications for applicability. I C, 3.1.1 Provide a streamlined "fast- track" On -going development review process for proposed affordable housing The City considers "fast developments. track" development review incentives on a project -by- project basis. 3.1.2 When a residential developer agrees On -going to construct housing for persons and families of very low, low and The City considers density moderate income above mandated bonuses and other incentives requirements, the City shall either on a project -by- project basis. (1) grant a density bonus as required A Density Bonus chapter is by state law, or (2) provide other included in the Draft Zoning incentives of equivalent financial Code which is anticipated to value. be adopted in October 2010. :11.3 Review and consider in accordance On -going with state law, the waiver of planning and park fees, and modification of Waivers and incentives are development standards, (e.g., considered by the Planning setbacks, lot coverage, etc.) at the Commission, and City discretion of City Council and Council on a project -by- Planning Commission for project basis. developments containing very low, I C, M cc low- and moderate - income housing in proportion to the number of low- and moderate - income units in each entire project. 3.2.1 Identify the following sites as Ongoing adequate, which will be made available through appropriate zoning The City is currently rewriting and development standards and with the Zoning Code, which will public services and facilities needed reflect changes to facilitate to facilitate and encourage the development of the development of a variety of housing identified sites. A conceptual types to meet City housing goals as development plan has been identified pursuant to Government prepared for future Code Section 65583(b): Banning residential development on Ranch, Airport Area, Newport Center, the Koll and Conexant Mariners' Mile, and the Balboa properties in the Airport Peninsula areas. Area, and both property owners have submitted applications for zoning documents. For Koll, the Plan includes 260 residential units within a 24 -acre area of the Koll Center. The applicant is currently working on a conceptual site plan for the project and has had discussions with City staff to address issues with traffic circulation, fire access, and open space requirements. The applicant is currently preparing the Planned Community text for submission and public hearings are anticipated for late 2010 or early 2011. For Conexant, Plan proposes to demolish up to 436,000 square feet of existing industrial and office space, and replace it with up to, including density bonus units, 1,244 residential units, cc 10 °, up to 11,600 square feet of neighborhood commercial uses, and approximately two acres in parkland. Staff has completed its third review of the Specific Plan and the Environmental Impact Report (EIR) is currently underway. Public hearings are anticipated for late 2010 or early 2011. Initial application received on September 3, 2008, for Banning Ranch, which included a development plan consisting of a maximum 1,375 dwelling units, 75,000 square feet of commercial retail, and 75 -room boutique hotel or bed and breakfast or other overnight accommodations, parks and open space. Proposed Master Plan includes: a North and South Village with approximately 7.5 -15 dwelling units/ acre (du /ac), 558 units; an Urban Colony with approximately 35 du /ac, 730 units; and a Resort Colony with approximately 15.5 du /ac, 87 units. 15 percent of the dwelling units will be affordable. The draft EIR is anticipated to be circulated in June 2010. 3.2.2 Update Zoning Code to reflect Pending housing opportunities provided in the Land Use Element. • Second public review draft was released July 2009 Third public review draft will be released March 2010 and after °, 11 PROM :'Goal " review of this draft, 4.1.1 Periodically contact owners of public hearings will be affordable units for those scheduled with developments listed in Table H12 to adoption anticipated in obtain information regarding their October 2010 3.2.3 When requested by property owners, On -going the City shall approve rezoning of 2008 Housing Element developed or vacant property from No applications to rezone 4.1.2 non - residential to residential uses land for residential use, when appropriate. These rezoned other than those noted in properties shall be added to the list of 3.2.1, were received. sites for residential development. the City did not commit any PROM :'Goal " STATUS 4.1.1 Periodically contact owners of On -going affordable units for those developments listed in Table H12 to Staff maintains an updated obtain information regarding their contact list for affordable plans for continuing affordability on units in conjunction with the their properties. 2008 Housing Element Update. 4.1.2 Consult with the property owners On -going regarding utilizing CDBG funds and in -lieu housing funds to maintain No covenants expired and affordable housing opportunities in the City did not commit any those developments listed in funds in 2009. Table H12. 4.1.3 Prepare written communication for On -going tenants and other interested parties about Orange County Housing Pamphlets informing Authority Section 8 opportunities to prospective tenants and assist tenants and prospective landlords about the OCHA tenants to acquire additional Section 8 program have been understanding of housing law and made available in the public related policy issues. lobby and information is posted on the City website. 4.1.4 Investigate availability of federal, On -going state, and local programs (including in -lieu funds) and pursue these The City committed a not -to- programs if found feasible, for the exceed total of $135,000 in preservation of existing low- income affordable housing in -lieu housing, especially for preservation funds to Seaview Lutheran of low- income housing that may Plaza in 2009. These funds 12 increase to market rates during the will be used to pay for the next ten years. A list of these replacement of deteriorated programs, including sources and vertical water distribution funding amounts, will be identified as lines, thereby preserving the part of this program and maintained supply of 100 senior - on an on -going basis. restricted affordable housing units. 4.2.1 Investigate the use of federal funds to On -going provide technical and financial assistance, if necessary, to all eligible The City investigates homeowners and residential rental available programs and property owners to rehabilitate evaluates the feasibility of existing dwelling units through low- participating in such interest loans or potential loans, or programs. grants to very low —, low- and moderate - income, owner - occupants Staff began discussions to of residential properties to rehabilitate create a grant program to existing units. provide utility hook -up assistance to low- and moderate - income households in Newport Beach utility undergrounding Assessment Districts. As proposed, the grant program would use CDBG funds to cover the cost of the program. Approval of the grant program is expected in April 2010. 4.2.2 In accordance with Government On -going Code Section 65863.7, require a relocation impact report as a Consistent with state law, a prerequisite for the closure or detailed relocation impact conversion of an existing mobile report is a requirement for the home park. permit for proposed closures or conversions. There were no closures or conversions in 2009. 4.2.3 Should need arise, consider using a On -going portion of its Community Development Block Grant funds for A need for this program has establishment and implementation of not been demonstrated. an emergency home repair program. 13 QRG.RAM Energy efficient products shall be required whenever appropriate. 4.2.4 Participate as a member of the On -going Orange County Housing Authority Advisory Committee and work in Staff attends the quarterly cooperation with the Orange County meetings of the OCHA Cities Housing Authority to provide Advisory Committee. Section 8 Rental Housing Assistance funding to the following to residents of the community. The Staff continually works in City shall, in cooperation with the cooperation with the County Housing Authority, recommend and to provide Section 8 rental request use of modified fair market housing assistance to rent limits to increase number of residents. housing units within the City that will (SPIN), and Fair Housing be eligible to participate in the A link to the Orange County program. The Newport Beach Housing Authority website Planning Department shall prepare has been placed on the City and implement a publicity program to website to provide educate and encourage landlords information on the Section 8 within the City to rent their units to program. Section 8 Certificate holders and to make very low- income households aware of availability of the Section 8 Rental Housing Assistance Program. QRG.RAM GOAL;;., °;STATUS;`';'_ 5.1.1 Apply for United States Department of On -going Urban Development Community Development Block Grant funds and Through the approved Action allocate a portion of such funds to Plans for Fiscal year 2009 - sub- recipients who provide shelter 2010, the City provided and other services for the homeless. funding to the following organizations to preserve the supply of emergency and transitional housing: Human Options, Families Forward, Serving People In Need (SPIN), and Fair Housing Council of Orange County. The following organization has been funded to assist homeless battered women and children: Human Options. 1EI 5.1.2 Cooperate with the Orange County On -going Housing Authority to pursue establishment of a Senior /Disabled or The City refers low income Limited Income Repair Loan and residents to Orange County Grant Program to underwrite all or for rehabilitation of mobile part of the cost of necessary housing homes, to Neighborhood modifications and repairs. Housing for first time buyer Cooperation with the Orange County programs, and to Rebuilding Housing Authority will include Together for handyman continuing City of Newport Beach service for low income and participation in the Orange County senior households. Continuum of Care and continuing to provide CDBG funding. 5.1.3 Permit, where appropriate, On -going development of "granny" units in single - family areas of the City. One permit was issued in 2009. 5.1.4 Consistent with development On -going standards in residential and commercial areas, permit emergency Emergency shelters and shelters and transitional housing transitional housing are under group housing provisions in its monitored for compliance Zoning Code. with the development regulations contained in the Zoning Code. The Zoning Code re -write will accommodate emergency shelters and transitional housing as permitted uses within some zoning designations as required by SB2. 5.1.5 Work with the City of Santa Ana to On -going provide recommendations for the allocation of HUD Housing The City attended the annual Opportunities for Persons with AIDS HOPWA Strategy meeting. ( HOPWA) funds within Orange County 5.1.6 Maintain a list of "Public and Private On -going Resources Available for Housing and Community Development Activities." City maintains a list of I 15 resources that are available for housing and community development activities. A list of resources and links are provided on the City's website. PR4GRQA0;. "GOAL ; „ STATU$ j 6.1.1 Contract with an appropriate fair On -going housing service agency for the This annual Housing Element provision of fair housing services for The City contracted with the Newport Beach residents. The City OC Fair Housing Council to will also work with the fair housing provide these services in service agency to assist with the 2007 -08 and 2008 -09. periodic update of the Analysis of Impediments to Fair Housing The City is currently working document required by HUD. The City on an agreement with the will continue to provide pamphlets Fair Housing Council of containing information related to fair Orange County to complete housing at the Planning Department the Regional Fair Housing counter. Impediments Analysis in the 2009 -2010 fiscal year. Pamphlets containing information of Fair Housing and Dispute Resolution Services are available at the public counter. 6.1.2 Support fair housing opportunities by On -going using Community Development Block Grant funds whenever necessary to In 2009 -2010, the City enact federal, state, and City fair allocated $11,185 in CDBG housing policies. funding to the Fair Housing Council of Orange County to assist the City in furthering fair housing through education, landlord /tenant counseling, and legal action when necessary. W zSTaTGS 7.1.1 As part of its annual General Plan On -going Review, the City shall report on the This annual Housing Element status of all housing programs. The Progress Report will be W 16 portion of the Annual Report submitted to HCD. discussing Housing Programs is to be distributed to the California Department of Housing and Community Development in accordance with California State Law. 9-