HomeMy WebLinkAbout09 - General Plan Annual Status Report - PA2007-195�EWPORr == CITY OF
�� eT NEWPORT BEACH
City Council Staff Report Agenda Item No. 9
March 22, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Joel Fick, Interim Community Development Director
949 - 644 -3276, jfick @newportbeachca.gov
PREPARED BY: Melinda Whelan, Assistant Planner
APPROVED:
TITLE: General Plan Annual Status Report including Housing Element
Report (PA2007 -195)
ABSTRACT:
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(6) and Government Code Sections 65583 and 65584, relating to
implementation of the Housing Element of the General Plan. The report is submitted to
the City Council for review and a copy is required to be sent to the Office of Planning
and Research (OPR) and the Department of Housing and Community Development
(HCD).
RECOMMENDATION:
Receive and file.
DISCUSSION:
The General Plan Annual Status Report (Attachment No. CC 1) 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 2010 calendar year.
The General Plan contains an Implementation Program found within Chapter 13. In
2006, the 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 a General Plan Implementation Task List to
implement the General Plan. The list created by the Committee identified the priority
General Plan Implementation Program tasks to implement the General Plan. This report
evaluates and provides the status of work on each task as well as on other tasks that
implement General Plan policies that were identified after the preparation of the Task
General Plan Annual Status Report including Housing Element Report (PA2007 -195)
March 22, 2011
Page 2
List. As mandated by Government Code Sections 65583 and 65584, the Housing
Element Report of the General Plan Annual Status 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(B), staff used
guidelines provided by HCD to prepare this Report. The Housing Element section
includes the following information:
A. Annual building activity reports for new housing units;
B. Regional housing needs allocation progress; and
C. Program implementation status including local efforts to remove governmental
constraints to the maintenance, improvement, and development of housing.
The Planning Commission reviewed this report at their March 3, 2011, meeting.
Following review and discussion, the Commission received and filed the report.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQX) pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
ZS
Joel ick
Interim. Community Development Director
Attachments: CC 1 General Plan Annual Status Report (including Housing Element
Report)
IN
Attachment No. CC 1
General Plan Annual Status Report
(Including Housing Element Report)
3
0
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL STATUS REPORT
(Including Housing Element Report)
2010 Calendar Year
Consistent with Government Code Section 65400, the General Plan Annual Status 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 2010 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 that implement General Plan policy that were identified after preparation of 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.
C-71
2
A. GENERAL PLAN IMPLEMENTATION TASKS
9Y`y
'i'�, '�W tTM'eSuav�""'
.TTUS
1.
Interim zoning
Complete
resolution including
the ability to require
City Council approved Ordinance No. 2006 -07 amending Chapter 15.45 of the Municipal Code
development
regarding development agreements in 2006. City Council adopted an interim zoning resolution in 2007
agreements.
which included the ability to require development agreements through an interim study Two Interim
(Land Use Element)
Study Overlays were processed in 2010!
• To allow mixed uses consistent with a MU -W2 (Mixed -Use Water Related) land use
designation, which were not permitted uses under the existing Retail and Service Commercial
(RSC) Zoning District. The project involved the renovation of an existing 5 -story office building.
• To allow a food processing use consistent with an Industrial (IG) land use designation, which
was not a permitted use under the existing Controlled Manufacturing (M -1 -A) Zoning District.
The project allowed for a winery.
Upon approval of the comprehensive Zoning Code Update in October, 2010, the interim study overlay
zoning resolution is no longer active or needed as the Update provides zoning designations
consistent with the 2006 General Plan update.
2.
Procedures to
Complete
implement single -
and two - family
The Zoning Code Update added design criteria for single and two -unit residential development.
design policies.
Implementation is ongoing.
Land Use Element
3.
Zoning Code and
Complete
Specific Plan rewrite.
(Land Use Element)
The comprehensive Zoning Code Update was adopted by City Council on October 26, 2010. Six of the
Specific Plans were incorporated into other residential zoning districts and Santa Ana Heights Specific
Plan was revised and maintained in the updated Zoning Code.
EN
4.
Housing Element
Pending
certification by the
Department of
• The Draft Housing Element was re- submitted to HCD for their review and consideration in
Housing and
September of 2010.
Community
• Staff worked with HCD to finalize required changes to Draft No. 3, completed the revisions,
Development (HCD)
and resubmitted a revised draft to HCD on February 10, 2011.
(Housing Element
5.
Economic
Ongoing
Development
Strategic Plan
• Bi- annually update the Strategic Plan Implementation schedule, which includes objectives from
Implementation
the plan and a time line with allocated staff hours.
(Land Use Element)
• Objective 2.2 Newport Center /Fashion Island renovations (Phase 1) are complete. Phase II, a
renovation of the movie theaters has begun.
R The City Council adopted the funding criteria, an application form, and procedures developed
by the Special Events Advisory Committee (SEAC). The SEAC reviewed funding request
applications and made recommendations to the City Council on special event funding prior to
adoption of the 2010 -2011 budget.
■ Provided data and background information for development of the Lido Village Concept Plan,
including input to departments for review of concept options.
6.
Fair Share Fee
Pending
update
Circulation Element
Staff has completed analysis and it is anticipated to be presented to City Council in May 2011.
7.
Airport Area
On -hold
infrastructure study
and fee (s)
Infrastructure recommendations have been prepared by ROMA Design Group. On September 22,
(Land Use Element)
2010, the General Plan /Local Coastal Program Implementation Committee discussed the need to
approve an improvement plan and develop a fee at this time, with little expressed interest in residential
development on the southwest side of MacArthur Boulevard. By consensus, the Committee tabled the
item.
rd
8.
Inclusionary Housing
Complete
Ordinance and In-
lieu fee
On May 11, 2010, the City Council adopted Ordinance No. 2010 -9 adding a new chapter to the City's
(Housing Element)
Subdivision Code which provides the legal justification for requiring in -lieu fees and procedures for the
implementation of Housing Program 2.2.1. The Inclusionary Housing Chapter requires developers of
residential subdivisions to facilitate production of affordable units in numbers equal to 15 percent of
the number of for -sale market rate units produced. Affordable, for -sale units will be required to be sold
at prices affordable for moderate - income households. If a subdivision developer chooses to provide
affordable rental units, the rate shall be affordable to very-low or low- income households. In all cases,
the affordable units shall be legally restricted to occupancy by, and affordable to, households of the
income levels for which the affordable units were designated for a minimum duration of 30 years.
9.
Parking requirements
On -going
and management
(Circulation Element)
• Policy issues related to implementation measures to form a parking management district in the
Balboa Village area were presented to City Council at study session in September 2010.
Subsequently, staff was directed to focus first on a Balboa Village Vision Plan, which might
include a parking management district.
• The Balboa Market building was razed for construction of the parking lot at 608 E. Balboa Blvd.
and 209 Washington St. The parking lot was opened to the public in December 2010.
10.
Local Coastal
Complete
Program Land Use
Plan Amendments -
The follow -up General Plan Amendment Nos. GP2010 -001, 004, 005, 006, 007, 008 (PA2010 -052)
Amend CLUP for
within the Land Use Element were adopted by City Council on September 14, 2010, to eliminate
consistency with
several inconsistencies in land use designations.
General Plan Land
Use Element
Land Use Element
11.
Traffic signal
Pending
synchronization
(Circulation Element)
• Phases 2 and 3 were completed in April 2010.
• Phases 4 and 7 are anticipated to be completed in early 2011.
• Phase 5 is in design and the construction contract is anticipated to be awarded by the City
Council in April 2011.
5
12.
Planned Community
On -going
rewrite and revisions
(Land Use Element)
Property owners are responsible for amendments in the North Newport Center and Airport
Area and revisions to other Planned Community texts have been put on hold due to budget
constraints.
• The City prepared a conceptual development plan for Koll and Conexant (Airport Area). Based
on the conceptual development plans they were preparing Planned Community amendments
however, per the applicants request the projects were placed on -hold.
• Banning Ranch application includes the development of a Planned Community Development
Text and the draft EIR is anticipated to be circulated in Spring 2011.
13.
Banning Ranch Pre-
Pending
Annexation and
Development
• Notice of Preparation of EIR released in March 2009.
"Agreement
• Environmental Scoping meeting held in April 2009.
(Land Use Element)
• Report of Funding Feasibility for Open Space Acquisition at City Council Study Session August
2009.
• City Council approved the water supply assessment in October 2010, concluding that there will
be adequate water supplies to meet the demands of the Banning Ranch project.
■ The draft EIR is anticipated to be circulated in Spring 2011. The Development Agreement
terms are being negotiated and will be finalized prior to the publication of the draft EIR.
14.
Acquisition for Open
Ongoing
Space — support
active pursuit of
The exploration for the acquisition of Banning Ranch is continual, but to date, no funding
Banning Ranch as
sources have been identified.
permanent open
space
Land Use Element
15.
Harbor Area
Complete
Management Plan
(HAMP)
Council approved HAMP in November 2010.
(Harbor and Bay
Element)
IN
A
16.
Run -off and Pollution
On -going
Reduction Plan
(Natural Resources
Continued compliance SARWQCB Water Quality Order No. R8- 2009 -0030 NPDES No.
Element)
CAS618030 which is the storm water permit issued by the Santa Regional Water Quality
Control Board (SRWQB).
The following actions were taken in using water more efficiently to result in lowered pollutant loads
from entering storm drains and ultimately the bay and ocean:
• Coordinated the Water Supply Implementation Plan.
• Continued Tiered Water Rate Development.
• Implemented action to comply with SB -7 Governors Water Reduction of 20% by 2020.
• Pursuant to the Prop. 84 Grant, implemented water use efficiency and runoff reduction
components throughout Newport Beach's Areas of Special Biological Significance (ASBS)
watershed.
• Submitted 2010 Urban Water Management Plan (UWMP) to the Department of Water
Resources.
17.
Land Use database
On -going
refinements and
maintenance
Maintenance and updates of databases are on- going.
Land Use Element)
18.
Measure S
Complete
guidelines regarding
variable FAR
Amendments to City Council Policy Manual adopted in August 2009.
(Land Use Element
19.
Building Code
Ongoing
amendments
regarding green
The Task Force on Green Development ended in 2009 and recommendations were made to the City
buildings
Council to incorporate the following measures as an amendment to the California Green Building
(Land Use Element)
Standards Code:
• For residential - energy star designation for all appliances, establish a maximum kitchen faucet
flow rate and dishwasher water use, and a minimum efficiency rating value air filter for HVAC
equipment.
For nonresidential — control storm water runoff quantity and quality, energy star equipment and
appliances if available, energy saving controls for buildings with one or more elevators or
escalators, reduce water of commercial clothes washer by 10% below CEC standard, and
reduce water for commercial dishwashers consistent with the Green building Code.
• City Council adopted the California Green Building Standards Code on November 23, 2010,
which became effective on January 11, 2011. The aforementioned amendments were adopted
on January 25, 2011, and became effective on February 25, 2011.
• Staff is preparing web links that will be accessible through the City's website for local and state
green building information. The links are anticipated to be up and running in March 2011.
20.
Amend City Council
Not Started
Policies on historic,
archaeological and
paleological
resources
(Historical Resources
Element
21.
Funding and priority
Not started
program for
construction of noise
barriers along
arterials
Noise Element
W
22.
Annual Review of
CIP to determine
consistency with the
General Plan and
Coastal Land Use
Plan
(Land Use Element)
Ongoing
On June 3, 2010, staff presented CIP for fiscal year 2010 -2011 to the Planning Commission for
review. The Planning Commission provided comment and the CIP was included with the CIP budget
presentation to the City Council.
23.
Emergency
Ongoing
Preparedness
(Safety Element)
The City's comprehensive Emergency Management Plan (EMP) was updated. The EMP is a
legal document required by the California Emergency Management Agency (Cal EMA). The
last update was in 2004. The EMP had to be completely revised due to the creation of the
National Incident Management System (NIMS) and many changes at the federal, state, and
local level. The updated Plan will be sent to the State for approval in February 2011, and then
to the City Council for final approval.
■ On October 28, 2010, the annual City -wide Emergency Operations Center (EOC) drill was
held. At the request of city management, a "back to basics" approach was taken due to the
large number of new EOC staff. The Drill involved 108 city staff members as well as many
Community Emergency Response Team (CERT), Volunteers in Police Service (VIPs) and
Radio Amateur Civil Emergency Service (RACES) volunteers. A critique was conducted at the
end of the drill and a Corrective Action Plan was created to address any problems or
suggestions.
The County proclaimed a "Local Emergency" on behalf of all cities in Orange County, which
prompted the State to proclaim a "State of Emergency" due to flooding from heavy rains and
the City was able to seek 75% reimbursement for all costs related to the storm damage. The
storm damage reimbursement allowed the Fire Department to replace the main roof at
Lifeguard Headquarters and to repair several fire stations. To date, the City has applied for
$183,902 from the State to reimburse the City's General Fund for expenses incurred by the
January, 2010, Winter storms.
E
B. GENERAL PLAN POLICY IMPLEMENTATION TASKS IDENTIFIED AFTER TASK LIST WAS CREATED
WgrA'r s wr2 +,r '*r . ar. ..e r a. ± }. n
1.
Priority for Facility
Ongoing
Provision Parks and
Recreation
• Sunset Ridge Park - Currently working on obtaining all necessary permits including California
(Recreation Element)
Coastal Commission (CCC) and construction is anticipated to begin Fall 2011.
• Banning Ranch - draft plans include 52 acres of park and open space areas. The draft EIR is
anticipated to be circulated in Spring 2011.
2
Alternative
Ongoing
Transportation
Modes
Task Force on Cycling Safety made the following recommendations in a final report to City Council on
(Circulation Element)
May 11, 2010:
• Education and Outreach - update the City's bicycle trails map, disseminate bicycle safety
information, increase participation and coordination with schools, update the City's master bike
plan, and host coordination meetings with the Police Department and bicycle advocates.
• Road Improvements - install improved signage, develop a sharrows program and guidelines,
implement a sharrow demonstration project, and identify areas where auto traffic and bike
traffic coordination could be improved..
• Encouraging Cycling - develop a City bike rack policy, including design guidelines, promote a
"Day without Cars" campaign with coordination with Bike to Work Week, and create a
permanent city bicycle committee.
• Pursuant to City Council guidance, based on these recommendations, a permanent bicycle
committee was established in late 2010 to implement these recommendations.
Provide a pedestrian•
oriented village
environment that
reflects its waterfront
location, providing a
mix of uses that
serves visitors and
local residents in
Lido Village.
(Land Use Element)
am
10
• On July 27, 2010, the City Council designated an ad hoc committee consisting of Mayor Curry
and Council Members Henn and Rosansky to participate in a conceptual planning process to
analyze potential land use alternatives for the City Hall site, Lido Marina Village and Via Lido
Plaza.
• The ad hoc committee along with representatives of Lido Marina Village and Via Lido Plaza
retained a consultant and a design team from a competitive selection process to manage the
overall effort and to develop the conceptual plans.
• A City Council Study Session was held on November 23, 2010, where two alternatives will be
presented during the study session and these two alternatives are considered 90% complete.
The design team received input from the City Council and the public to refine the concept
plans.
• A public outreach meeting was held on January 11, 2011, and a final presentation of the full
study was given to the City Council on January 25, 2011, resulting in their approval of
amended Alternative 5B as the concept plan with several additional refinements.
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL STATUS REPORT
Housing Element Report
2010 Calendar Year
As required by Government Code Sections 65583 and 65584, the Housing Element Report demonstrates the City's
progress in meeting its share of regional housing needs and Housing Element programs. As mandated by Government
Code Section 65400, this report was prepared 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 2010:
M
2
PERMITS ISSUED FOR HOUSING UNITS
2010
CALENDAR YEAR NEW UNITS DEMOLISHED UNITS NET INCREASE IN UNITS
2010 163 165 -2
ANNUAL BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS
2010
1.
2.
3.
4.
5.
6.
7.
SINGLE
2-4 UNITS
5+
SECOND UNIT
MOBILE
TOTAL
INFILL
FAMILY
UNITS
HOMES
UNITS
No. OF UNITS
0
0
0
0
0
0
0
PERMITTED FOR
MODERATE
No. of UNITS
51
6 (2 -UNIT
0
0
0
0
63
PERMITTED FOR
PROJECTS)
ABOVE MODERATE
= 12 TOTAL UNITS
B. REGIONAL HOUSING NEEDS ALLOCATION PROGRESS
The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to
identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned
Newport Beach a share of the region's new housing units that should be constructed in the 2006 -2014 planning period to
satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region,
SCAG determined the City's share of RHNA to be 1,769 new dwelling units.
0
The Draft Housing Element (Draft No, 3) was re- submitted to HCD for their review and certification on February 11, 2011.
Draft No. 3 addressed HCD required changes and recommendations that were provided on previous Draft No. 2.
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. Pursuant to HCD guidelines, it includes a carryover of the unaccommodated
portion of the 2000 -2005 RHNA allocation of 145 units.
TOTAL RHNA CONSTRUCTION NEED BY INCOME
2006 -2014
VERY Low
Low
MODERATE
ABOVE MODERATE
TOTAL
451
319
442
702
1,914
24%
17%
23%
36%
100%
W
Iu
C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS TO REMOVE GOVERNMENTAL
CONSTRAINTS
1.1.1
Improve housing quality and prevent deterioration of existing
On -going
neighborhoods by strictly enforcing building code regulations and
abating code violations and nuisances.
A quarterly report on code enforcement activities
is available and kept on file at the City.
1.1.2
Participate with the Orange County Housing Authority (OCHA) and
On -going
Housing and Community Development Division in their
administration of rehabilitation loans and grants for low - and
City staff attends OCHA's Cities Advisory
moderate- income homeowners and rental property owners to
Committee meetings to keep up to date on
encourage preservation of existing City housing stock.
rehabilitation programs offered by the County in
order to inform homeowners and rental property
owners within the City of opportunities and to
encourage preservation of existing housing stock.
1.1.3
Require replacement of housing demolished within the Coastal
On -going
Zone when housing is or has been occupied by very-low, low -, and
moderate- income households within the preceding 12 months. The
The City uses Chapter 20.34 "Conversion or
City shall prohibit demolition unless a Coastal Residential
Demolition of Affordable Housing" to implement this
Development (CRDP) Permit has been issued. The specific
program. No CRDPs were issued in 2010.
provisions implementing replacement unit requirements are
contained in the Zoning Code.
5
Rb'
2.1.1
Maintain rental opportunities by restricting conversions of rental
On -going
units to condominiums unless the vacancy rate in Newport Beach
for rental housing is an average 5 percent or higher for four (4)
A vacancy rate survey is completed every quarter
consecutive quarters, and unless the property owner complies with
to monitor consistency with this policy. The results
condominium conversion regulations contained in Chapter 19.64 of
of the surveys conducted for the 2010 calendar
the Newport Beach Municipal Code.
year provided an average vacancy rate higher than
5 percent therefore, conversions are not restricted.
2.1.2
Take all feasible actions, through use of development agreements,
On -going
expedited development review, and expedited processing of
grading, building and other development permits, to ensure
No applications for construction of affordable
expedient construction and occupancy for projects approved with
housing were submitted.
low- and moderate - income housing requirements.
2.1.3
Participate with the County of Orange in the issuance of
On -Going
tax- exempt mortgage revenue bonds to facilitate and assist in
financing, development and construction of housing affordable to
The issuance of tax - exempt mortgage revenue
low and moderate - income households.
bonds is project driven, and the developer typically
applies for the bonds. No applications were
received.
2.1.4
Conduct an annual compliance- monitoring program for units
On -Going
required to be occupied by very low -, low -, and moderate - income
households.
Annual compliance monitoring report for the City's
income and rent restricted units was completed in
November 2010 with follow -up continuing through
early 2011 for one out of compliance affordable
housing project.
M
2.2.1
Require a proportion of affordable housing in new residential
On -going
developments or levy an in -lieu fee. The City's goal over the five -
year planning period is for an average of 15 percent of all new
No projects were approved.
housing units to be affordable to very low —, low -, and moderate -
income households. The City shall either (a) require the payment
On May 11, 2010, the City Council adopted
of an in -lieu fee, or (b) require the preparation of an Affordable
Ordinance No. 2010 -9 adding a new chapter to the
Housing Implementation Plan (AHIP) that specifies how the
City's Subdivision Code implementing Housing
development will meet the City's affordable housing goal,
Program 2.2.1 of the Housing Element. The
depending on the following criteria for project size:
Chapter provides the specific requirements
necessary to implement the Housing Program. The
1. Projects of 50 or fewer units shall have the option of
Inclusionary Housing Chapter requires developers
preparing an AHIP or paying the in -lieu fee.
of residential subdivisions to facilitate production of
affordable units in numbers equal to 15 percent of
2. Projects where more than 50 units are proposed shall be
the number of for -sale market rate units produced.
required to prepare an AHIP.
Affordable, for -sale units will be required to be sold
Implementation of this program will occur in conjunction with City
at prices affordable for moderate - income
approval of any residential discretionary permits or Tentative Tract
households. If a subdivision developer chooses to
Maps. To insure compliance with the 15 percent affordability
provide affordable rental units, the rate shall be
requirements, the City will include conditions in the approval of
affordable to very-low or low- income households.
discretionary permits and Tentative Tract Maps to require ongoing
In all cases, the affordable units shall be legally
monitoring of those projects.
restricted to occupancy by, and affordable to,
households of the income levels for which the
affordable units were designated for a minimum
duration of 30 years.
2.2.2
The City shall provide more assistance for projects that provide a
On -going
higher number of affordable units or a greater level of affordability.
At least 15 percent of units shall be affordable when assistance is
No projects providing greater than the required
provided from Community Development Block Grant funds or the
affordability component were proposed.
City's in -lieu housing fund.
l
G
7
2.2.3
For new developments proposed in the Coastal Zone areas of the
On -going
City, the City shall follow Government Code Section 65590 and
Title 20.
See status of Program 1.1.3.
2.2.4
All required affordable units shall have restrictions to maintain their
On -going
affordability for a minimum of 30 years.
No new affordable units were approved.
2.2.5
Advise existing landowners and prospective developers of
On -going
affordable housing development opportunities available within the
Banning Ranch, Airport Area, Newport Center, Mariners' Mile,
City staff has been discussing affordable housing
West Newport, and Balboa Peninsula areas.
development opportunities with the 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 developers and landowners to
On -going
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 assistance programs that assist
On -going
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 housing for lower income
On -going
households that help meet regional needs shall have priority for
the provision of available and future resources or services,
The City has provided a copy of the Housing
including water and sewer supply and services.
Element to water and sewer service providers.
Pursuant to state law, water and sewer providers
must grant priority to developments that include
housing units affordable to lower income
households.
R
M
2.3.1 Study housing impacts of proposed major commercial /industrial On -going
projects during the development review process. Prior to project
approval, a housing impact assessment shall be developed by the Staff will consider developing housing impact fees
City with the active involvement of the developer. Such for all new commercial and industrial developments
assessment shall indicate the magnitude of jobs to be created by as an additional or alternative resource for
the project, where housing opportunities are expected to be providing affordable housing.
available, and what measures (public and private) are requisite, if
any, to ensure an adequate supply of housing for the projected Staff monitors all new planning applications for
labor force of the project and for any restrictions on development applicability.
due to the "Charter Section 423" initiative.
� ":n: �
- _ �'`..e'� -. .,'.,�?` ,� �?;r� v.� r?�,�. 3.r :;?��*��:'" -z,�, � -. ,,�'�ta";t`• ;?STATUS�'
:ti. � ,,,, ., ., ,� , ,. _.
3.1.1
Provide a streamlined "fast- track" development review process for
On -going
proposed affordable housing developments.
The City considers "fast track" development review
incentives on a project -by- project basis.
3.1.2
When a residential developer agrees to construct housing for
On -going
persons and families of very low, low and moderate income above
mandated requirements, the City shall either (1) grant a density
The City considers density bonuses and other
bonus as required by state law, or (2) provide other incentives of
incentives on a project -by- project basis. Chapter
equivalent financial value.
20.32 Density Bonus is now included in the Zoning
Code.
9�
03
10
3.1.3 Review and consider in accordance with state law, the waiver of On -going
planning and park fees, and modification of development
standards, (e.g., setbacks, lot coverage, etc.) at the discretion of Waivers and incentives are considered by the
City Council and Planning Commission for developments Planning Commission and City Council on a
containing very low, low- and moderate - income housing in project -by- project basis. There were no projects
proportion to the number of low- and moderate - income units in during the 2010 calendar year.
each entire project.
11
1 Identify the following sites as adequate, which will be made Ongoing
available through appropriate zoning and development standards
and with public services and facilities needed to facilitate and Banning Ranch application includes the
encourage development of a variety of housing types to meet City development of a Planned Community
housing goals as identified pursuant to Government Code Development Text. The draft EIR is
Section 65583(b): Banning Ranch, Airport Area, Newport Center, anticipated to be circulated in Spring 2011
Mariners' Mile, and the Balboa Peninsula areas. and City Council approved the water supply
assessment in October, 2010, concluding
that there will be adequate water supplies
to meet the demands of the Banning Ranch
project. The Development Agreement
terms are being negotiated and will be
finalized prior to the publication of the draft
EIR.
• A conceptual development plan has been
prepared for future residential development
on the Koll and Conexant properties in the
Airport Area and both property owners
have submitted applications for regulatory
plans; however, per the applicants request
the projects were placed on- hold.
■ North Newport Center Planned Community
was adopted in a prior reporting period and
provided housing regulations consistent
with the Land Use Element and the
Housing Element.
• In October, 2010, the city completed the
comprehensive Zoning Code Update,
which provides zoning regulations that
allow for housing opportunities consistent
with the Land Use Element and Housing
Element.
HE
12
3.2.2
Update Zoning Code to reflect housing opportunities provided in
Complete
4.1.1
the Land Use Element.
On -going
developments listed in Table H12 to obtain information regarding
City Council adopted the comprehensive Zoning
their plans for continuing affordability on their properties.
Code Update on October 26, 2010 which reflects
new housing opportunities created by the 2006
General Plan Update.
3.2.3
When requested by property owners, the City shall approve
On -going
rezoning of developed or vacant property from non - residential to
residential uses when appropriate. These rezoned properties shall
No applications to rezone land for residential use,
be added to the list of sites for residential development.
other than those noted in 3.2.1, were received.
1�'
S TAY 115,. .r.,.. ,.x
4.1.1
Periodically contact owners of affordable units for those
On -going
developments listed in Table H12 to obtain information regarding
their plans for continuing affordability on their properties.
Staff maintains an updated contact list for
affordable units in conjunction with the 2008
Housing Element Update.
1�'
13
4.1.2
Consult with the property owners regarding utilizing CDBG funds
On -going
and in -lieu housing funds to maintain affordable housing
opportunities in those developments listed in Table H12.
• Affordability covenants expired for Baywood
Apartments (Villa Point 1) and Newport
North Apartments (Villa Point II), despite
staff efforts to extend these covenants.
The City entered into an affordable housing
agreement with Seaview Lutheran Plaza in
late 2009 to extend the affordability
covenant an additional 30 years in
exchange for $135,000 in affordable
housing in -lieu funds to replace the
deteriorated water distribution system. In
2010 the parties amended the agreement
providing additional funds to replace the
property's single check valve backflow
device with a code approved device and
thus continue in our efforts to maintain
these 100 affordable units.
4.1.3
Prepare written communication for tenants and other interested
On -going
parties about Orange County Housing Authority Section 8
opportunities to assist tenants and prospective tenants to acquire
Pamphlets informing prospective tenants and
additional understanding of housing law and related policy issues.
landlords about the OCHA Section 8 program have
been made available in the public lobby and
information is posted on the City website.
J
14
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 existing low- income housing,
especially for preservation of low- income housing that may
increase to market rates during the next ten years. A list of these
programs, including sources and funding amounts, will be
identified as part of this program and maintained on an on -going
basis.
On -going
The City has continued to investigate available
programs and evaluate the feasibility of
participating in such programs.
4.2.1
Investigate the use of federal funds to provide technical and
On -going
financial assistance, if necessary, to all eligible homeowners and
residential rental property owners to rehabilitate existing dwelling
The City investigates available programs and
units through low- interest loans or potential loans, or grants to very
evaluates the feasibility of participating in such
low —, low- and moderate - income, owner - occupants of residential
programs.
properties to rehabilitate existing units.
• City Council approved the Utility
Connection Grant Program guidelines in
order to provide utility hook -up assistance
to low- income households in Newport
Beach utility undergrounding Assessment
Districts. The grant program was allocated
$65,922 in CDBG funds in the 2010 -2011
fiscal year. The City expects to give grants
to 3 homeowners prior to the end of the
2010 -2011 fiscal year.
4.2.2
In accordance with Government Code Section 65863.7, require a
On -going
relocation impact report as a prerequisite for the closure or
conversion of an existing mobile home park.
Consistent with state law, a detailed relocation
impact report is a requirement for the permit for
proposed closures or conversions. There were no
closures or conversions in 2010.
15
4.2.3
Should need arise, consider using a portion of its Community
Development Block Grant funds for establishment and
implementation of an emergency home repair program. Energy
efficient products shall be required whenever appropriate.
On -going
A need for this program has not been
demonstrated.
4.2.4
Participate as a member of the Orange County Housing Authority
On -going
Advisory Committee and work in cooperation with the Orange
County Housing Authority to provide Section 8 Rental Housing
Staff attends the quarterly meetings of the OCHA
Assistance to residents of the community. The City shall, in
Cities Advisory Committee.
cooperation with the Housing Authority, recommend and request
following organizations to preserve the supply of
use of modified fair market rent limits to increase number of
Staff continually works in cooperation with the
housing units within the City that will be eligible to participate in the
County to provide Section 8 rental housing
program. The Newport Beach Planning Department shall prepare
assistance to residents.
and implement a publicity program to educate and encourage
County.
landlords within the City to rent their units to Section 8 Certificate
A link to the Orange County Housing Authority
holders and to make very low- income households aware of
website has been placed on the City website to
availability of the Section 8 Rental Housing Assistance Program.
provide information on the Section 8 program.
F •
- r r
K .
5.1.1
Apply for United States Department of Urban Development
On -going
Community Development Block Grant funds and allocate a portion
of such funds to sub - recipients who provide shelter and other
Through the approved Action Plans for Fiscal year
services for the homeless.
2010 -2011, the City provided 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.
F •
16
5.1.2
Cooperate with the Orange County Housing Authority to pursue
On -going
establishment of a Senior /Disabled or Limited Income Repair Loan
and Grant Program to underwrite all or part of the cost of
The City refers low income residents to Orange
necessary housing modifications and repairs. Cooperation with the
County for rehabilitation of mobile homes, to
Orange County Housing Authority will include continuing City of
Neighborhood Housing for first time buyer
Newport Beach participation in the Orange County Continuum of
programs, and to Rebuilding Together for
Care and continuing to provide CDBG funding.
handyman service for low income and senior
households.
5.1.3
Permit, where appropriate, development of "granny" units in single-
On -going
family areas of the City.
No permits were requested or issued in 2010.
5.1.4
Consistent with development standards in residential and
On -going
commercial areas, permit emergency shelters and transitional
housing under group housing provisions in its Zoning Code.
Emergency shelters are permitted in the OA and PI
Zones without the requirement of a use permit.
This was provided for with the Zoning Code Update
completed in October 2010.
5.1.5
Work with the City of Santa Ana to provide recommendations for
On -going
the allocation of HUD Housing Opportunities for Persons with AIDS
( HOPWA) funds within Orange County.
The City attended the annual HOPWA Strategy
meeting and participated in providing
recommendations for the allocations of HOPWA
funds.
CA
O
0.1.0 maintain- a iisi or -vumic ana Nrivate Kesourc
Housing and Community Development Activities."
17
City maintains a list of resources that are available
for housing and community development activities.
A list of resources and links are provided on the
City's website.
+°,SAS �. �Ylf,' uan.,
tt\, ei=;. r�. ' {'"w"+•,�,`ye'KF^rT[v. "�,'°^y; 3�,'+r t A {v;F,ieY ki..';r se„rr,v3a _
.'`f ,J IATU.S'
6.1.1
Contract with an appropriate fair housing service agency for the
On -going
provision of fair housing services for Newport Beach residents. The
City will also work with the fair housing service agency to assist
The City contracted with the OC Fair Housing
with the periodic update of the Analysis of Impediments to Fair
Council to provide these services in 2009 -10 and
Housing document required by HUD. The City will continue to
2010 -11.
provide pamphlets containing information related to fair housing at
the Planning Department counter.
The City provided information to the Fair Housing
Council of Orange County to complete the
Regional Fair Housing Impediments Analysis in
2010. Approval by Council is anticipated in April
2011.
Pamphlets containing information of Fair Housing
and Dispute Resolution Services are available at
the public counter.
6.1.2
Support fair housing opportunities by using Community
On -going
Development Block Grant funds whenever necessary to enact
federal, state, and City fair housing policies.
In 2010 -2011, the City allocated $11,185 in CDBG
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.
E
�
„. O
As part of its annual General Plan Review, the City shall report on
On -going
the status of all housing programs. The portion of the Annual
Report discussing Housing Programs is to be distributed to the
This annual Housing Element Report will be
California Department of Housing and Community Development in
submitted to HCD.
accordance with California State Law.
V`�