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HomeMy WebLinkAbout21 - Housing Element UpdateCity Council Staff Report NEWPORT BEACH Agenda Item No. 21 November 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Melinda Whelan, Assistant Planner APPROVED: TITLE: Housing Element Update - (PA2008 -078) ABSTRACT: An amendment to the Newport Beach General Plan incorporating the 2008 -2014 Housing Element update. The Housing Element is one of the mandatory elements of the General Plan, and State law requires it to be updated periodically. The Newport Beach Housing Element details the City's strategy for enhancing and preserving the community's character and identifies constraints to the development of housing. It also identifies strategies for expanding housing opportunities and services for all household types and income groups. It provides the primary policy guidance for local decision - making related to housing. The draft 2008 -2014 Housing Element is an update and revision of the 2006 Housing Element and it contains new technical data and updated policies and programs. RECOMMENDATIONS: 1) Conduct a public hearing and; 2) Adopt Resolution No.2o��- lo7(Attachment No. CC 1) to: a. Adopt the Negative Declaration; and b. Adopt the 2008 -2014 Housing Element FUNDING REQUIREMENTS: There is no fiscal impact related to this item. E1 Housing Element Update - (PA2008 -078) November 22, 2011 Page 2 INTRODUCTION: The State Department of Housing and Community Development (HCD) is required by State law to review the Housing Element and determine whether or not it complies with State Housing Element law. HCD has approved the City's latest draft (Attachment No. CC 2). Once the Draft Housing Element is adopted by the City Council, HCD will find our Housing Element compliant with State Housing Element Law, Background The City's 2000 -2005 Housing Element was conditionally certified by HCD in 2003 and in 2005. HCD's finding of compliance was contingent on the City's development of 120 - affordable units at the intersection of Back Bay Drive and Jamboree Road ( Bayview Landing site) and rezoning the property north of the proposed new City hall site (Avocado /MacArthur site) for 56- senior housing units. The City was successful in assisting with development of the Bayview Landing site for 120 - senior affordable units; however, the City was unable to rezone the Avocado /MacArthur site given it was subsequently planned as a park. On July 25, 2006, the City adopted the comprehensive update to the General Plan. The new General Plan created significant new opportunities for future housing development through the re- designation of some existing commercial, office and industrial areas for residential or mixed residential /commercial uses. As part of the General Plan update, the 2000 -2005 Housing Element was amended to reflect the new land use changes, housing opportunities, and updated demographics. This amended Housing Element was submitted to HCD for review. State housing element law requirements were revised in September of 2004 pursuant to AB 2348 (Mullin) requiring additional detailed land inventory and greater residential development certainty for identified housing opportunity sites. Based on the revised housing element law requirements, HCD found the City's Housing Element to be out of compliance on the basis that it did not provide the necessary information and analysis to determine which specific sites are suitable and available to accommodate the City's identified housing need. Based upon the comments received from HCD, staff, with the assistance of a consultant, prepared an updated Draft consistent with the Land Use Element and State law. Staff submitted a total of four (4) successive drafts to HCD based upon feedback received from HCD. In August 2011, HCD approved Draft No. 4 (Attachment No. CC 3). All of the HCD comment letters are provided in Attachment No. CC 4. 2 Housing Element Update - (PA2008 -078) November 22, 2011 Page 3 DISCUSSION: Housing Element Format The Housing Element has been divided into two (2) major sections and includes the necessary information and analysis as required by State law. The following is an outline of the Housing Element Sections: 1. Community Housing Market Analyses o Housing Stock Characteristics — Provides data on residential growth and dwelling unit type, including statistics on residential densities, tenure, vacancies, and type of housing within the City. This section also provides information on assisted housing stock at risk of conversion to market rate units. ® Analysis and Projection of Population and Employment — Provides statistics and projections on populations and employment as they relate to housing projections. o Household Characteristics — Provides information on ethnicity, household income, and the cost of housing including rentals. o Analysis of Special Population Groups — Provides information on the special needs population groups within the City, including students, elderly, disabled, farm workers, female head of household, and the homeless. The homeless discussion addresses new requirements pursuant to S132 state law. o Analysis of Housing Need — In accordance with State Housing Element law, the Southern California Association of Governments (SCAG) has prepared a Regional Housing Needs Assessment (RHNA) to identify the housing need for each jurisdiction within the SCAG region. The RHNA is summarized below in this report. Inventory of Land Suitable for Residential Development - An inventory and description of land determined suitable for residential development that can realistically be developed within the planning period (2008 -2014) and sufficient to meet the City's total RHNA. A detailed, parcel- specific analysis, inventory, and maps of available and suitable sites compliment this section and are included as Appendix H4 (Sites Analysis and Inventory). e Analysis of Opportunities for Energy Conservation — Provides information on how the City is maintaining current energy conserving design innovations and state standards. 3 Housing Element Update - (PA2008 -078) November 22, 2011 Page 4 o Nongovernmental Constraints to Housing Production — Describes constraints outside of government including community attitudes, financial, housing and land costs, and environmental. O Governmental Constraints to Housing Production — Outlines actual and potential City and other governmental constraints on housing, including land use controls (zoning), building codes and their enforcement, site improvements, fees, and local processing procedures. 2. Housing Goals and Policies, Quantified Objectives, and Programs • General Review of 2000 -2005 Housing Element and Housing Activities — A review and appropriateness and accomplishments of goals, policies, and programs of the 2000 -2005 Housing Element in contributing to the attainment of the previous local and state housing goals. • Year 2008 -2014 Housing Plan - Quantifies the City's goals for the number of units that can be constructed, rehabilitated, and conserved during the 2006 -2014 planning period. • Newport Beach Housing Element: Goals, Policies, and Programs - Proposed goals and policies that address the City's anticipated housing needs during the tenure of this Housing Element (2008 -2014) and are implemented by a series of Housing Programs. These Programs prescribe specific actions the City of Newport Beach will take during the tenure of this Housing Element. The Housing Programs are discussed further in the Housing Programs section of this report. Attachment No. CC 5 provides the Housing Element Worksheet created by HCD that summarizes the specific information that is required to be addressed in the Housing Element and where the Draft addresses them. Citv of Newoort Beach Regional Housino Needs Assessment State law requires that local jurisdictions accommodate a share of the region's projected housing need. This share is identified by the Regional Housing Needs Assessment (RHNA) that is established by the Southern California Association of Governments (SLAG). State law mandates that jurisdictions provide sufficient land at adequate densities to accommodate a variety of housing opportunities for all economic segments of the community and the RHNA provides a critical basis for determining the adequacy of a housing element. Actual construction of the housing units is not mandated by law; however, local jurisdictions must make a good faith effort to remove governmental constraints to the development of affordable housing and should be actively supporting the development of affordable housing. One of the fundamental aspects of the Housing Element is that it must address the City's RHNA and demonstrate where this additional housing can be accommodated. In addition, since the 2000 -2005 Newport Beach Housing Element was not found in G9 Housing Element Update - (PA2008 -078) November 22, 2011 Page 5 compliance by HCD, the City is required to carry over the unaccommodated portion of the RHNA allocation from the prior planning period pursuant to Government Code Section 65584.09. The unaccomodated need from the 2000 -2005 RHNA is 62- very-low income units and 83- moderate - income units. Combining these units from the prior planning period with the City's 2006 -2014 RHNA allocation results in a total housing need of 1,914 dwellings, including 770 dwelling units affordable to lower- income households (Attachment No. CC 3, pp 5 -43). The following table illustrates the City's housing needs by income categories. TOTAL HOUSING NEED BY INCOME, 2008 -2014 Very Low Low Moderate Above Moderate Total 451 units 319 units 442 units 702 units 1,914 units 24% 17% 23% 36% 100% Sites Analysis and Inventory In accordance with Government Code Section 65583(a)(3) and 65583.2, the Housing Element must provide an inventory and description of land determined suitable for residential development that can realistically be developed within the planning period and sufficient to meet the City's total RHNA identified in the table above. A detailed, parcel- specific analysis and inventory, including maps, of available and suitable sites (Sites Analysis and Inventory) have been prepared and are included as Appendix H4 (Attachment No. CC 3, pp 5 -47 and Appendix 1­14). The Sites Analysis and Inventory is organized by the key opportunity areas within City (i.e. Banning Ranch, Corona del Mar, West Newport Mesa, Mariner's Mile, Balboa Peninsula, Dover Dr./Westcliff Dr., Newport Center, the Balboa Peninsula, and the Airport Area). The Sites Analysis and Inventory demonstrates that sites are currently available and reasonably unconstrained so as to provide realistic housing opportunities prior to June 30, 2014, which is the end of the planning period. A methodology, describing the site selection process and calculations of achievable and realistic densities, is included within the Sites Analysis and Inventory. To demonstrate the realistic development viability of the sites, the analysis also discusses: (1) whether appropriate zoning is in place; (2) the applicable development limits /densities and their impact on projected development capacity and affordability; (3) existing constraints including any known environmental issues; and (4) the availability of existing and planned public service capacity levels. HCD has accepted the inventory and analysis as indicated in the August letter. Adequate Sites to Accommodate Lower Income Housing Needs The Housing Element must also demonstrate adequate sites exist to accommodate the RHNA for lower- income households. Pursuant to Government Code Section 65583.2, a 5 Housing Element Update - (PA2008 -078) November 22, 2011 Page 6 minimum density of 30 du /ac is deemed appropriate to accommodate housing for lower - income households for urbanized areas. Given the allowed densities of between 30 and 50 dwelling units per acre, the John Wayne Airport Area has been identified as having the greatest potential to accommodate the City's need for lower- income households. In addition to illustrating that these properties are required to maintain the minimum densities, HCD requested an analysis of how the existing uses, land -use regulations, and parcel sizes impact the viability of this strategy to accommodate the RHNA for lower- income households within the planning period (Attachment No. CC 3, pp 5 -77). The analysis concludes that existing uses and parcel sizes are not a constraint, but does recognize two constraints. One constraint recognized by HCD related to the viability of the Airport Area to accommodate the RHNA for lower- income households is General Plan Policy LU6.15.6 that requires residential neighborhoods in the Airport Area to contain a minimum of ten (10) contiguous acres centered on a neighborhood park and other amenities. To address this constraint, staff worked with HCD to-include a new program (HP 3.2.2) requiring the City to create a waiver or exception provision to the minimum 10 -acre site requirement for affordable housing projects. The program states that the City will study and develop a plan for the Council's consideration by Spring 2012 (Attachment No. CC 2, pp 5 -127). A second constraint identified by HCD relates to the zoning of the sites within the Airport Area. Although the General Plan permits residential development within the Airport Area, the sites remain zoned only for commercial and industrial land uses by the Koll Center and Newport Place Planned Communities. To eliminate this constraint, a new program (HP 3.2.3) was included that requires an amendment to the Newport Place (PC 11) and Koll Center (PC 15) Planned Community texts to allow residential developments that include: 1) a minimum of thirty (30) percent of the units affordable to lower- income households; and 2) include densities between 30 du /acre and 50 du /acre consistent with the General Plan land use designation and policies for the Airport Area. Residential developments meeting these requirements will be permitted subject to a site development review. To implement these two (2) programs, staff will prepare a City initiated Planned Community Amendment for Planning Commission and City Council review by Spring 2012 (Attachment No. CC 3, pp 5 -127). It is recognized that any waiver of the 10 -acre lot consolidation requirement and adding residential as a permitted use where it was not allowed previously will require additional design attention to provide recreational amenities, to integrate uses and avoid land use conflicts. To address these issues, the amendment should include provisions for adequate amenities, design considerations for future integration into larger residential villages, and a requirement for collaboration with future residential developers in the area. 0 Housing Element Update - (PA2008 -078) November 22, 2011 Page 7 Housing Programs The goals, polices and programs (Attachment No. CC 3 pp 5 -119 through pp 5 -136) are the foundation of the Housing Element. The goals provide the end result sought by the City; the polices provide general guiding language to assist in decision making and describe the general course of action that will be taken to achieve the goal; the programs are specific activities that will be undertaken and are necessary to implement a policy to make the goal a reality. The goals adopted in the 2006 Housing Element have not been revised; however, in order to more effectively achieve those long -range goals and objectives, meet the City's allocation of affordable housing in the region, and to be consistent with State housing law, the Newport Beach Housing Element has been updated through the incorporation of several new housing programs as well as deletions and revisions to previously adopted housing programs. Significant new programs include providing incentives for providing extremely low- income units (HP 2.1.5 and HP 2.1.6), monitoring the impact of the City's Inclusionary Housing Ordinance on the production of housing and monitoring housing development in general (HP 2.2.11, HP 3.1.4, and HP 3.1.5), providing appropriate zoning for all housing types (HP 3.2.3 and HP 5.1.7), removing governmental constraints to housing construction (HP 3.2.2), preservation of housing at risk of converting to market rate units (HP 4.1.1 through 4.1.5) and addressing sustainability (HP 4.2.5 through 4.2.10). A complete list of the all of the Housing Goals, Policies, and Programs are on pages 5 -119 through 5 -136 of the Draft. Public Outreach In preparation of the 2008 -2014 Draft Housing Element, staff held two public workshops on March 31, 2008. Staff received valuable input from developers, service providers, low- income advocates, and residents. An additional public workshop was held on June 11, 2008. The staff presentation focused on the goals, polices and programs contained in the draft. Topics of public input included compliance with SB2 (Fair Share Zoning Bill) and the count of the homeless population, use of the Affordable Housing In -Lieu Fee fund, the preservation of "at risk" affordable units and what can be done to retain them and the housing inventory sites. Public hearings were held at Planning Commission on June 19, 2008, and at City Council on August 12, 2008, for discussion and opportunity for changes to the draft Housing Element prior to the initial submittal to HCD for review. Throughout the Housing Element update process, the City has posted Draft Housing Element documents and presentation materials on the website to facilitate the review by residents and interested parties. Hard copies of the Draft Housing Element were also made available at City Hall. 7 Housing Element Update - (PA2008 -078) November 22, 2011 Page 8 The public outreach that occurred over four (4) years during the comprehensive general plan update (2002 -2006) cannot be overlooked. The identification of the sub -areas and locations for housing, beyond what was allowed in the previous general plan as well as policies and programs to provide affordable housing, were the subjects of many public workshops, General Plan Advisory Committee meetings, Planning Commission, and City Council hearings. The plan adopted by the City Council and approved by a vote of the public (Measure V) is consistent with the housing sites inventory in the draft Housing Element. Planning Commission Action The Planning Commission reviewed the draft 2008 -2014 Housing Element at their November 3, 2011, meeting. After receiving staff's presentation and comments from the public, and discussing the document, the Planning Commission voted to recommend adoption of the document to the City Council 5 -1, with Commissioner Hawkins voting no. The draft minutes from the meeting are provided in Attachment No. CC 6. Airport Land Use Commission Projects requiring General Plan amendments that are located within the Airport Environs Land Use Plan (AELUP) Airport Planning Area must be referred to the Orange County Airport Land Use Commission (ALUC) for a determination of consistency with the AELUP prior to adoption by the City. The Airport Land Use Commission is scheduled to review the draft 2008 -2014 Housing Element Update at the next available ALUC meeting on November 17, 2011 (subsequent to the preparation of this staff report). Staff anticipates ALUC will find the project consistent with AELUP since implementation of the 2008 -2014 Housing Element would not result in specific development and the land use opportunity areas previously found consistent as part of the 2006 General Plan remain the same. ENVIRONMENTAL REVIEW: A Negative Declaration (ND) has been prepared by Keeton Kreitzer Consulting, in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The ND is attached as Attachment No. CC 7 and was routed to the City Council in advance of this staff report. The ND does not identify any component of the project that would result in a "potentially significant impact" on the environment per CEQA guidelines. The ND was made available for public review for a 30 -day comment period from September 30, 2011, to October 31, 2011. We received comment letters from the following: Southern California Gas Company (SCG), Native American Heritage Commission (NAHC), Airport Land Use Commission (ALUC), Caltrans, Department of Toxic Substance Control (DTSC), and Jim Mosher. The comment letters and responses to the comment letters are included as Attachment No. CC 8. 0 Housing Element Update - (PA2008 -078) November 2.2, 2011 Page 9 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). Notice of this hearing was published in the Daily Pilot, posted at City Hall a minimum of 10 days in advance of this hearing consistent with the Municipal Code, and emailed to all parties that have signed up to receive notification of the Housing Element Update. The environmental assessment process has also been noticed consistent with the California Environmental Quality Act. The Notice of Intent (NOI) to adopt the ND was published in the Daily Pilot, posted at City Hall, and e- mailed to all parties that have signed up to receive notification of the preparation of environmental documents in the City and the Housing Element Update. A copy of the ND was also made available on the City's website, at each Newport Beach Public Library, and at the Community Development Department at City Hall. Finally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Submitted by: Kimberly Brandt, A1 9P Director Attachments: CC 1 CC 2 CC 3 CC 4 CC 5 CC 6 CC 7 CC 8 Draft Resolution HCD Determination Letter Draft Housing Element HCD Comment Letters Housing Element Worksheet November 3, 2011, Planning Commission Minutes Negative Declaration Negative Declaration Comment Letters and Responses I wool Attachment No. CC 1 Draft Resolution I 12 RESOLUTION NO. #### A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A NEGATIVE DECLARATION AND ADOPTING THE 2008 -2014 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN (PA2008 -078) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: 1. Section 65580 of the California Government Code finds and declares that the availability of housing is of vital statewide importance and that early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. 2. The Housing Element is mandated by Sections 65580 to 65589 of the Government Code. State Housing Element law requires that each city and county identify and analyze existing and projected housing needs within their jurisdiction and prepare goals, policies, and program, and quantified objectives to further the development, improvement, and preservation of housing. 3. The Housing Element is one of the mandatory elements of the General Plan, and State law requires it to be updated periodically. 4. In preparation of the 2008 -2014 Housing Element, staff held two (2) public workshops on March 31, 2008. An additional public workshop was held on June 11, 2008. 5. A public hearing was held by the Planning Commission on June 19, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The Planning Commission recommended approval of the initial draft of the 2008 -2014 Housing Element to the City Council. 6. A public hearing was held by the City Council on August 12, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The City Council authorized the City staff to submit the initial draft of the 2008 -2014 Housing Element to the State Department of Housing and Community Development (HCD). 7. On August 22, 2008, the first draft of the 2008 -2014 Housing Element was submitted to HCD for review. On October 24, 2008, HCD issued a letter requesting additional information, analysis, and revisions. i3 City Council Resolution No. _ Paqe 2 of 3 8. On September 1, 2010, the second draft of the 2008 -2014 Housing Element was submitted to HCD for review and rescinded November 3, 2010, to provide staff additional time to work with HCD on revisions. 9. On February 11, 2011, the third draft of the 2008 -2014 Housing Element was submitted to HCD for review. On April 15, 2011, HCD issued a letter requesting additional information, analysis, and revisions. 10. On August 9, 2011, the fourth draft of the 2008 -2014 Housing Element was submitted to HCD for review. On September 12, 2011, HCD issued a letter finding that the revised draft of the 2008 -2014 Housing Element meets the statutory requirements of State law. 11. A public hearing was held by the Planning Commission on November 3, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The Planning Commission recommended approval of the revised draft of the 2008 -2014 Housing Element to the City Council. 12. A public hearing was held by the City Council on November 22, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Negative Declaration was circulated for a 30 -day comment period beginning on September 30, 2011, and ending on October 31, 2011. The contents of the environmental document and comments on the document were considered by the Planning Commission in its review of the proposed project. 3. On the basis of the entire environmental review record, the proposed project, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: 14 City Council Resolution No. _ Paqe 3 of 3 1. The City Council of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City Council's independent judgment and analysis. The City Council hereby adopts the Negative Declaration. The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 2. The City Council of the City of Newport Beach does hereby approve General Plan Amendment No. GP2008 -003 adopting the 2008 -2014 Housing Element, consistent with the Draft 2008 -2014 Housing Element that was approved by HCD, and directs staff to transmit the adopted Housing Element to HCD for final certification. 3. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 22nd day of November, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 15 10 Attachment No. CC 2 HCD Determination Letter 17 12 STATF OF CALIFORNIA .RIISINFS$ TRANSPORTATION AND HOl1S WG AGENCY FNMUNp�,.$ROWN IR Govnrnnr DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT du 1800 Third Street, Suite 430 P. O. Box 852053 Sacramento, CA 94252- 2053 (916) 323 -31771 FAX (916) 327 -2643 %-xAV.hcd.ca.gov September 8, 2011 Ms. Kimberly Brandt Community Development Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Dear Ms. Brandt: RE: Review of the City of Newport Beach's Revised Draft Housing Element Update Thank you for submitting Newport Beach's revised draft housing element update received for review on August 9, 2011. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). Telephone conversations with Messrs. Gregg Ramirez, Senior Planner and Jamie Murillo, Associate Planner, facilitated the review. In addition, pursuant to Government Code Section 65585(c), the Department considered. comments from Mr. Cesar Covarrubias, of the Kennedy Commission. The revised draft element addresses the statutory requirements described in the Department's April 15, 2011 review. For example, the element now includes a complete analysis of governmental constraints. As a result, the revised element will comply with State housing element law (Article 10.6 of the Government Code) when adopted and submitted to the Department, pursuant to Government Code Section 65585(g). Successful implementation of Program 3.2.2, to remove the 10 -acre minimum site requirement and Program 3.2.3, to allow by -right development for multifamily housing affordable to lower- income households are critical to facilitate the development of the John Wayne Airport Area (PC 11 and PC15). The City must monitor and report on the results of -these and other programs through the annual progress report, required pursuant to Government Code Section 65400. The Department appreciates the hard work and dedication of Messrs. Murillo and Ramirez throughout the course of the review and looks forward to receiving Newport Beach's adopted housing element. If you have any questions or need additional technical assistance, please contact Melinda Coy, of our staff, at (916) 445 -5307. Sincerely, 'Glen A. Campora Assistant Deputy Director 19 20 Attachment No. CC 3 Draft Housing Element distributed separately to the City Council on November 3, 2011, due to bulk, and is available at the City Clerk's office and online at http://www.newportbeachca.gov/Modules/ShowDocument .aspx ?documentid =10695 21 22 City of Newport Beach GENERAL PLAN HOUSING ELEMENT Draft August 2011 24 Contents CHAPTER 5 Housing Element ..................................................................... ............................5 -1 Executive Summary .................................................................... ............................5 -2 Purpose and Statutory Authority ... ............................................................. 5 -2 Constraints and Opportunities ............................ ....................................... 5 -3 Focus of Housing Programs ............................................. ............................5 -3 Time Period Covered by the Housing Element ............. ............................5 -4 Introduction................................................................................. ............................5 -4 DataSources .................................................................... ............................5 -5 Organization of the Housing Element ............................ ............................5 -5 Review and Update of the Housing Element ............... ............................5 -6 Public Participation ......................................................... ............................5 -6 General Plan Update .......................................................... ................ 5 -6 PublicWorkshops ..................................................... ............................5 -7 PublicMeetings ....................................................... ............................5 -7 Public Review and Comments ................................ ............................5 -8 Community Housing Market Analyses .................................... ............................5 -9 Housing Stock Characteristics ........................................ ............................5 -9 Residential Growth and Dwelling Unit Types .......... ............................5 -9 Residential Densities ............................................... ...........................5 -10 HousingTenure ...................................................... ............................5 -1 1 Condominium Conversion Ordinance ... ..... .. ................................... 5 -13 VacancyRates ....................................................... ...........................5 -14 Housing Condition .................................................. ...........................5 -15 Illegal Dwelling Units ..................................... ..................................... 5 -16 MobileHomes ......................................................... ...........................5 -16 Assisted Housing Stock ........................................... ...........................5 -17 Assisted Housing Stock at Risk ............................................. .............. 5 -19 Preservation Options .............................................. ...........................5 -19 Resources for Preservation ..................................... ...........................5 -20 Financial Resources ............................................ ...........................5 -20 Administrative Resources .................................... ...........................5 -21 Replacement Options Through Inclusionary Housing Ordinance ... 5 -22 Population and Housing Projections ............................. ...........................5 -23 PopulationTrends ........................................................... ...........................5 -24 Household Characteristics ............................................. ...........................5 -26 Ethnicity.................................................................. ...........................5 -26 Household Incomes ................................................ ...........................5 -28 Income by Household Type and Tenure ..... .. ................................... 5 -29 HousingCost Burden .............................................. ...........................5 -30 HousingCosts ......................................................... ...........................5 -30 Housing Sales Prices ........................................... ...........................5 -30 RentalCosts ............................................................ ...........................5 -31 Housing Affordability . ........................................................................ 5 -32 Overcrowding........................................................ ...........................5 -33 Newport Beach General Plan 25 Housing Element Employment Trends and Projections ........................ ............................... 5 -34 Summary............................................................ ............................... 5 -35 Special Needs Population Groups ........................... ............................... 5 -35 Students............................................................. ............................... 5 -35 Persons with Disabilities ...................................... ............................... 5 -35 Persons with Developmental Disabilities ........... ............................... 5 -35 Female Head of Household .............................. ............................... 5 -36 Elderly.................................................................. ............................... 5 -37 Large Households .............................................. ............................... 5 -38 Homelessness..................................................... ............................... 5 -38 County Information ....................................... ............................... 5 -39 LocalNeed ................................................... ............................... 5 -41 FarmWorkers ..................................................... ............................... 5 -43 HousingNeeds ........................................................... ............................... 5 -43 2006 - 2014 RHNA Allocation ............................. ............................... 5 -43 Unaccommodated Need from 2000 -2005 RHNA Allocation .......... 5 -43 Total 2006 - 2014 Newport Beach Housing Need ............................ 5 -45 Inventory of Land Suitable for Residential Development ................... ..... 5 -46 VacantSites ....................................................... ............................... 5 -48 BanningRanch .............................................. ............................... 5 -48 Coronadel Mar ............................................. ............................... 5 -48 SanMiguel .................................................... ............................... 5 -49 Infill /Reuse Opportunity Areas ........................... ............................... 5 -49 West Newport Mesa ....................................... ............................... 5 -49 Mariners' Mile ................................................ ............................... 5 -49 Balboa Peninsula Area ................................... ............................... 5 -50 CanneryVillage ............................................. ............................... 5 -50 LidoVillage ................................................... ............................... 5 -50 McFaddenSquare ......................................... ............................... 5 -51 BalboaVillage ............................................... ............................... 5 -51 Dover DrivelWestcliff Drive ............................. ............................... 5 -52 NewportCenter ............................................ ............................... 5 -52 John Wayne Airport Area ............................... ............................... 5 -53 Conclusion......................................................... ............................... 5 -54 Sites to Accommodate the RHNA for Lower Income Households....... 5 -77 Non - Vacant Sites ............................................... ............................... 5 -77 Lot Consolidation ............................................... ............................... 5 -78 Adequacy of Parcel Sizes .................................. ............................... 5 -79 Energy Conservation Opportunities ......................... ............................... 5 -80 Nongovernmental Constraints .................................. ............................... 5 -81 Community Attitudes ......................................... ............................... 5 -81 Financing Constraints ........................................ ............................... 5 -81 Land and Construction Costs ............................ ............................... 5 -81 Infrastructure Constraints ................................... ............................... 5 -82 Environmental Constraints ................................. ............................... 5 -82 Governmental Constraints ............................................ ...........................5 -83 Voter Initiative: Section 423 of the City Charter ............................... 5 -83 Background.................................................. ............................... 5 -83 =Newport Beach General Plan 20 Housina Element 2006 Election -Voter Approval of the General Plan Update ...............5 -83 Zoning..................................................................... ...........................5 -84 Development Standards ..................................... ...........................5 -84 Permitted Residential Uses .................................. ...........................5 -87 Single -, Two -, and Multiple Family Residential ....... ...........................5 -87 Group Residential .............................................. ...........................5 -87 Residential Care Facilities ................................... ...........................5 -87 Convalescent Facilities ....................................... ...........................5 -87 Accessory Dwelling Units ..................................... ...........................5 -87 Single Room Occupancy (SRO) Residential Hotels ...........................5 -89 EmergencyShelters ........................... ....... ..................................... 5 -89 Transitional and Supportive Housing .................... ...........................5 -90 Zoning Code Consistency and Development Review .....................5 -91 Planned Community District Revisions .................. ...........................5 -91 The Subdivision Process .......................................... ...........................5 -91 Inclusionary Housing Ordinance ............................ ...........................5 -92 Local Coastal Program .......................................... ...........................5 -93 California Environmental Quality Act .................... ...........................5 -94 Building Codes and Enforcement .......................... ...........................5 -94 ImpactFees ............................................................ ...........................5 -94 Development Review Process ............................... ...........................5 -95 Modification Permits ............................................... ...........................5 -96 Use Permit (Conditional and Minor) ....................... ...........................5 -96 Housing for Persons with Disabilities ....................... ...........................5 -96 BuildingCodes ................................................... ...........................5 -96 Information Regarding Accommodation for Zoning, Building Codes, and Permit Processing .......................................... .............. 5 -97 Reasonable Accommodations ........................... ...........................5 -97 Request for Hardship or Request for Alternative Materials, Design, and Methods of Construction .............................. ...........................5 -97 Assistance to Persons with Disabilities .... .......................................... 5 -97 Zoning and Other Land Use Regulations ............... ...........................5 -98 Group Home Ordinance ..................................... ...........................5 -98 Housing Plan: Goals, Policies, Quantified Objectives, and Programs ......... 5-99 General Review of 2000 -2005 Housing Element and Housing Activities................................................................ ..............................5 -100 Housing Element Coastal Zone Review .......................................... 5 -1 15 Year 2008 -2014 Housing Plan ...... ................. ... ....................................... 5 -1 15 Quantified Objectives ....................................... ..............................5 -115 New Construction ........................................... ............................5 -1 16 Rehabilitation .................................................. ............................5 -1 16 Preservation .................................................... ............................5 -1 17 Newport Beach Housing Element: Goals, Policies, and Programs.5 -1 18 Conservation and Improvement of Housing ........ ............................... 5 -119 Variety of Housing Opportunities .......................... ..............................5 -120 Adequate Residential Sites ................................... ..............................5 -125 Provision and Preservation of Affordable Housing . ..............................5 -128 Newport Beach General Plan a 27 Housing Element Housing for Special Needs Groups ...................... ............................... 5 -133 FairHousing .......................................................... ..............................5 -135 Program Monitoring .............................................. ..............................5 -135 Appendices Appendix H 1 Special Housing Workshops Mailing List (March 31, 2008) ..............................5 -137 Appendix H2 Agencies Providing Emergency Shelter and Housing Assistance .................5 -139 Appendix H3 Public and Private Resources Available for Housing and Community Development Activities .......................................................... ..............................5 -145 Appendix H4 Housing Sites Analysis and Inventory .................................... ..............................5 -149 Figures FigureH 1 Banning Ranch ............................................................................. ...........................5 -55 FigureH2 Corona del Mar ............................................................................ ...........................5 -57 FigureH3 San Miguel ..................................................................................... ...........................5 -59 Figure H4 West Newport Mesa ..................................................................... ...........................5 -61 FigureH5 Mariners' Mile ................................................................................ ...........................5 -63 Figure H6 Balboa Peninsula Lido Village /Cannery Village /McFadden Square .............5 -65 FigureH7 Balboa Village ............................................................................... ...........................5 -67 Figure H8 Dover Drive/ Westclif Drive ......................................................... ...........................5 -69 FigureH9 Newport Center ............................................................................ ...........................5 -71 FigureH 10 Airport Area ............................................................................... ............................... 5 -73 Figure H11 Airport Area- ROMA Diagram ..................................... ...........................5 -75 Tables Table H1 Net Additional and Total Housing Units, 1980 - 2007 ................. ............................5 -9 Table H2 Housing Unit Mix (2007) ................................................................ ...........................5 -10 Table H3 Residential Density by Area ........................................................ ...........................5 -10 Table H4 Densities of Attached Housing ................................................... ...........................5 -11 TableH5 Housing Tenure .............................................................................. ...........................5 -11 Table H6 Percent of Renter Occupied Units ............................................. ...........................5 -12 Table H7 Major Rental Projects ................................................................... ...........................5 -13 Table H8 Condominium Conversion, 1995- 2007 ...................................... ...........................5 -14 Table H9 Overall Housing Unit Vacancy Rate Newport Beach, 1980- 2007 ...................5 -15 Table H10 City Rental Apartment Vacancy Comparison ........................ ...........................5 -15 Table H11 Mobile Home Parks ....................................................................... ...........................5 -17 Table H12 City of Newport Beach Assisted (and Affordable) Housing Summary ........... 5-18 Table H13 Annual Rent Subsidies Required to Preserve At -Risk Units ...... ...........................5 -20 Table H14 Population Trends, 1980 - 2007 ..................................................... ...........................5 -23 Table H15 Housing Trends, 1980- 2007 .................... ................................................................. 5 -24 Table H16 Population Growth, Orange County and Newport Beach, 1910-2025 ......... 5-25 Table H17 Persons per Occupied Unit, 1970- 2000 ..................................... ...........................5 -25 Newport Beach General Plan W Housing Element Table H18 Population by Age, City of Newport Beach, 1970 - 2000 ........ ...........................5 -25 Table H19 Population and Percent Change by Age Group, 2006 American Community Survey City of Newport Beach ............................. ...........................5 -26 Table H2O School Enrollment, 2006 ............................................................... ...........................5 -26 Table H21 Racial and Ethnic Composition, Newport Beach and Orange County, 2000 ................................................................................................. ...........................5 -27 Table H22 Racial and Ethnic Composition, Newport Coast, 2000 ............ ......................... 5 -27 Table H23 Racial and Ethnic Composition, Newport Beach and Orange County, 2005 ................................................................................................. ...........................5 -28 Table H24 Median Household Incomes (1980 - 2006), Orange County and NewportBeach ............................................................................. ...........................5 -28 Table H25 Household Income Profile by Household Type Newport Beach 2000 ............5 -29 Table H26 Single - Family and Condominium Home Sales, December 2007 .....................5 -31 Table H27 Survey of Apartment Rental Listings in Newport Beach, 2007 ..........................5 -31 Table H28 Mobile Home Parks ....................................................................... ...........................5 -32 Table H29 Housing Affordability Orange County 2007 .............................. ...........................5 -33 Table H30 Employment— Newport Beach and Orange County ............. ...........................5 -34 Table H31 UCI Off - Campus Housing Office Housing Costs for Irvine, Newport Beach, and Surrounding Communities, 2006 ........................... ...........................5 -35 Table H32 Persons per Household ................................................................. ...........................5 -38 Table H33 Total Construction Need by Income, 2006 - 2014 ..................... ...........................5 -44 Table H34 Total Unaccomodated Need by Income, 2000 - 2005 ..... ...........................5 -45 Table H35 Total Construction Need by Income, 2006 - 2014 ............ ...........................5 -45 Table H36 Sites Analysis and Inventory Summary ...................................... . . .......................... 5 -47 Table H37 Airport Area Parcel Size Analysis ................................. ...........................5 -80 Table H38A Summary of Development Standards by District —City of Newport Beach.............................................................................................. ...........................5 -85 Table H38B Summary of Development Standards by District —City of Newport Beach.............................................................................................. ...........................5 -86 Table H39 Permitted Residential Uses by District —City of Newport Beach ......................5 -88 Table H40 Comparison of Permit Fees — Nearby Jurisdictions .................. ...........................5 -95 Table H41 Additional City Fees ...................................................................... ...........................5 -95 Table H42 Total RHNA Construction Need by Income, 1998 -2005 .... ..............................5 -101 Table H43 Total Number of New Additional Housing Units Permitted ..............................5 -101 Table H44 Remaining RHNA Allocation, 1998- 2005 ................ ............................................ 5 -103 Table H45 Detailed Housing Program Accomplishments .................... ..............................5 -104 Table H46 Quantified Objectives for 2008 - 2014 ...................................... ............................5 -1 16 Newport Beach General Plan o, 30 ,., I n ('HAPTFR F) Hniminn Flamont Housinq Element HOUSING ELEMENT A Balanced Residential Community Providing Opportunities for All Social and Economic Segments Executive Summary The City of Newport Beach's Housing Element details the City's strategy for enhancing and preserving the community's character, identifies strategies for expanding housing opportunities and services for all household types and income groups, and provides the primary policy guidance for local decision - making related to housing. The Housing Element provides in -depth analysis of the City's population, economic, and housing stock characteristics as well as a comprehensive evaluation of programs and regulations related to housing. Through this evaluation and analysis, the City has identified priority goals, polices, and programs that directly address the housing needs of current and future City residents. The City completed a comprehensive update of its General Plan in 2006. Through the General Plan update process, several key areas in the City were identified as ideal locations for future housing opportunities. Key sites for future development include the Airport Area, Newport Center, Banning Ranch, Newport Mesa and the Balboa Peninsula area. The comprehensive Zoning Code Update, completed in October, 2010, implements the land use changes included in the 2006 General Plan update. As part of the comprehensive General Plan update, the existing 2000 -2005 Housing Element was reviewed for consistency and updated to reflect land use changes and new residential opportunities identified as part of the General Plan update. The 2008 -2014 Housing Element is an update and revision of the 2006 Housing Element and consists of new technical data and updated policies and programs. The land use opportunities areas developed as part of the General Plan have remained the same. This Housing Element also addresses meeting the Regional Housing Needs Allocation (RHNA) for the planning period of January 1, 2006, through June 30, 2014, and is consistent with recent revisions to State Housing Element Law. PURPOSE AND STATUTORY AUTHORITY The Housing Element is mandated by Sections 65580 to 65589 of the Government Code. State Housing Element law requires that each city and county identify and analyze existing and projected housing needs within their jurisdiction and prepare goals, policies, programs, and quantified objectives to further the development, improvement, and preservation of housing. To that end, State law requires that the housing element: Newport Beach General Plan 32 Housinq Element Identify adequate sites to facilitate and encourage the development, maintenance and improvement of housing for households of all economic levels, including persons with disabilities; Remove, as legally feasible and appropriate, governmental constraints to the production, maintenance, and improvement of housing for persons of all income levels including persons with disabilities; Assist in the development of adequate housing to meet the needs of low- and moderate - income households; Consen-e and improve the condition of housing and neighborhoods, including existing affordable housing; Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability; and Preserve for lower income households the publicly assisted multi- family housing developments within each community. California state law requires that Housing Elements be updated at least every five years. The City of Newport Beach has prepared this updated Housing Element in compliance with State law with the established (extended) 2008 deadline for jurisdictions within the Southern California Association of Governments region and addresses all statutory requirements and regulations. The City has accepted and is committed to providing sites to accommodate its 2006-2014 RHNA allocation of 1,784 housing units. Achieving the remaining RHNA units is expected through the future redevelopment of several key housing opportunity areas identified through the General Plan update process and the affordable housing requirements of the Inclusionary Housing Program. The City's Inclusionary Housing Program requires a proportion of affordable housing in new residential developments or payment of an in -lieu fee. The City's goal is that an average of 15 percent of all new residential development will be affordable to very low —, low -, and moderate - income households. The City Council has also established an Affordable Housing Task Force that works with developers and landowners to facilitate the development of affordable units and determines the most appropriate use of in -lieu fee funds. The Task Force and staff continually investigate and research potential new affordable housing opportunities. CONSTRAINTS AND OPPORTUNITIES The City is constrained in its effort to provide new housing opportunities due to many factors beyond its control. A common resource in many communities, the City does not have a Redevelopment Agency, which in turn means that Newport Beach does not have the resource of housing set -aside funds, nor the power to assemble property through eminent domain. However, this General Plan Housing Element update provides several opportunities to create new residential uses through infill development and reuse of existing land uses. FOCUS OF HOUSING PROGRAMS Following are the housing programs that Newport Beach believes will be the most effective in meeting the City's housing goals. These programs will be the focus of the City's housing efforts during the period of this Housing Element. 1. Actively promote the development of affordable housing on the above - mentioned sites and assist developers with the removal of site constraints. Newport Beach General Plan Housinq Element 2. Continue to implement the City's Inclusionary Housing Program that requires an average of fifteen percent of new residential units to be affordable to very low —, low -, and moderate - income households through the Inclusionary Housing Ordinance adopted on May 11, 2010. 3. Research sites and developments that could include affordable housing, such as infill, mixed -use and redevelopment opportunities. 4. Discuss the extension of affordability covenants with owners of existing affordable apartments. 5. Offer incentives to developers of affordable housing, including density bonuses, fee waivers, expedited permit processing, and the use of in -lieu fee fund. 6. Continue to support housing and special needs services providers through the use of CDBG and General Funds. TIME PERIOD COVERED BY THE HOUSING ELEMENT The Housing Element covers the RHNA allocation period of January 1, 2006, through June 30, 2014 (extended from June 30, 2005, by the State Department of Housing and Community Development). Introduction The City completed a comprehensive General Plan update that was adopted by the City Council on July 25, 2006. In November 2006, the General Plan was placed on the electoral ballot and approved by the voters. The California Government Code specifies the Legislature's intent to ensure that counties and cities are active participants in attaining the state housing goal and establishes specific components to be contained in a housing element. These components include the following: identification and analysis of existing and projected housing needs, resources and constraints; a statement of goals, policies, quantified objectives, and scheduled programs for preservation, improvement and development of housing; identification of adequate sites for housing; and adequate provision for existing and projected needs of all economic segments of the community. The Newport Beach Housing Element has been written in a consistent and mutually dependent relationship with other Elements of its General Plan. Furthermore, the Element is in conformance with Government Code Sections 65580- 65589. The updated Housing Element is a comprehensive statement of the City's housing policies and serves as a specific guide for implementation of these policies. The Element examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs. Housing programs are responsive to current and future needs. They are also established within the context of available community, state, and federal economic and social resources, and realistic quantified housing objectives. State housing goals are as follows: • Availability of housing is of vital statewide importance. Early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. • Early attainment of this goal requires cooperative participation of government with the private sector to expand housing opportunities and accommodate housing needs of Californians of all economic levels. Newport Beach General Plan 34 Housinq Element • Provision of housing affordable to low- and moderate- income households requires cooperation among all levels of government. • Local and state governments have a responsibility to use powers vested in them to facilitate improvement and development of housing to make adequate provision for housing needs of all economic segments of the community. • The Legislature recognizes in carrying out this responsibility, each local government also has a responsibility to consider economic, environmental, and fiscal factors, and community goals set forth in its general plan. Cities must cooperate with other local governments and the state in addressing regional housing needs. California state law requires that Housing Elements be updated at least every five years. The City of Newport Beach has prepared this 2008 -2014 Housing Element in compliance with the established (extended) 2008 deadline for jurisdictions within the Southern California Association of Governments region. The Housing Element covers the RHNA allocation period of January 1, 2006, through June 30, 2014, time period. DATA SOURCES Various sources of information have been consulted in preparing this Housing Element. The 2000 Census provides the basis for population and household characteristics. Where applicable, the following sources of information have been used to supplement and update information contained in the 1990 and 2000 Census: • Population and demographic data from the State Department of Finance, 2007 • U.S. Census American Community Survey, 2006 • School enrollment information from the State Department of Education and the Newport - Mesa Unified School District, 2007/08 • Housing market information, such as home sales, rents, and vacancies, as updated by City surveys and recent home sales data, 2007 • Local and County public and nonprofit agency information on special needs populations and available services, 2008 • Housing condition information provided by the City of Newport Beach, 2007/08 • Orange County Progress Report demographic information, 2007 • Housing and Community Development Department Income Limits, 2007 ORGANIZATION OF THE HOUSING ELEMENT This Housing Element has been divided into two sections as follows: ■ Community Housing Market Analyses This section presents the most current available information pertaining to the following seven subsections: housing stock conditions, household characteristics including over- paying, over- crowding, analysis and projection of population and employment; analysis of special population groups; analysis of housing need; inventory of land suitable for residential development; analysis Newport Beach General Plan 35 Housinq Element of opportunities for energy conservation; nongovernmental constraints to housing production; and governmental constraints to housing production. ■ Housing Goals and Policies, Quantified Objectives, and Programs This section has three primary functions: (1) to establish City housing goals and policies; (2) to quantify the maximum number of housing units that can be constructed, rehabilitated, and conserved over the seven year period between 2008 to 2014; and (3) to present City housing programs, which represent a five -year schedule of actions to be implemented by the City to achieve goals, policies, and quantified objectives of the Housing Element. Government Code Section 65588 requires review of the Housing Element as frequently as appropriate and to evaluate the effectiveness of housing goals, objectives, and policies in contributing to attainment of the State housing goal. Additionally, the City is required to evaluate the effectiveness of the Housing Element in attainment of community goals and objectives and its progress in implementation of its housing goals. This section provides the required review and evaluation of the 2000 -2005 Housing Element. REVIEW AND UPDATE OF THE HOUSING ELEMENT The City of Newport Beach will review this Housing Element annually as part of its General Plan review to evaluate appropriateness of objectives, effectiveness of programs, and progress in implementation. The Housing Element will be revised again in 2014 in accordance with State law. PUBLIC PARTICIPATION General Plan Update Opportunities for residents to recommend strategies for, and review and comment on the Newport Beach Housing Element were an important component of the 2006 General Plan update, including the Housing Element. The General plan update was the first comprehensive revision of the City's General Plan in more than 30 years and was the result of more than four years of work by the 38- member citizens General Plan Advisory Committee (GPAC), City staff, technical consultants, Planning Commission, City Council as well as input by thousands of residents that were received during the most extensive public outreach and visioning campaign in the City's history. In November 2006, the General Plan was placed on the electoral ballot and approved by 54 percent to 46 percent, validating that the General Plan reflected what residents indicated during the outreach process. Opportunities for residents to recommend strategies, review, and comment upon housing issues and discuss new opportunities for housing were an important component of the update. The Housing Element reflects the vision and principles for future land use and housing development that were developed as part of the General Plan process. As part of the General Plan update, the Housing Element was updated and adopted in 2006 to reflect new land use changes and updated demographics. Newport Beach General Plan so Housinq Element Public Workshops As part of development of the 2008 -2014 Housing Element, two specialized workshops were held on March 31, 2008. One workshop was specifically targeted for the development community. This workshop was held in the afternoon for housing developers to learn about the existing residential development opportunities and incentives that the City offers to facilitate affordable housing. Developers were also asked to provide input on existing programs and potential new incentives. The second workshop held later that day, was targeted to housing service providers and the general public. Workshop attendees were asked to comment on the existing needs and issues as well as provide feedback for the development of new housing programs. Invitations were sent out to service providers and developers (Appendix H1 contains the mailing list) and a notice of the workshop was advertised in the Daily Pilot. In addition to residents, representatives from the following agencies attended the workshop and provided input: • CAA Planning • Kennedy Commission • Brookfield Homes • Western Community Housing • Colette's Children Home • Iger and Associates • Conexant • HOMES Inc. • Public Law Center • Legal Aid • Social Service Agency of Orange County An additional housing Workshop was held on June 11, 2008. The Workshop provided an opportunity for service providers, the public, and various agencies to provide comments on the Draft Housing Element. In addition to residents, representatives from the following agencies attended the workshop and provided input. • Western Community Housing • Public Law Center ■ Kennedy Commission Public Meetings Public meetings on the Housing Element update were conducted before the Planning Commission on June 5, 2008 and the City Council on August 12, 2008. All City meetings are open to the public. The City provided citizens with advance notice of the public meeting and made copies of all related materials available for public review. Notice of the public meeting was published in the Daily Pilot newspaper at least 10 days prior to the meeting date. In addition, notices were also provided to those on the City's Housing Interest list, including service providers, developers, community stakeholders, and participants to prior Housing Element workshops. Newport Beach General Plan 37 Housinq Element Public Review and Comments Throughout the Housing Element update process, the City has posted Draft Housing Element documents and presentation materials on the website to facilitate the review by residents and interested parties. Hard copies of the Draft Housing Element were also made available at the Planning Division Counter. Where feasible, comments provided at the three housing workshops, during public review period of the Housing Element and at the Planning Commission and City Council hearings were incorporated into the August 2008 draft of the Housing Element. As a result of subsequent public comments received on the August 2008 draft of the Housing Element, the Housing Element has been significantly revised to address the comments, as appropriate, and comply with State housing element law. The most significant revisions (discussed in more detail throughout the Housing Element) include: • Consistent with Government Code Section 65584.09, the Housing Element addresses the unaccommodated portion of the 2000 -2005 Regional Housing Need Allocation (RHNA). Combining the unaccommodated portion of the 2000 -2005 RHNA allocation with the City's 2006 -2014 RHNA allocation results in a total housing need of 1,914 dwellings, including 770 dwelling units affordable to lower- income households. • The Housing Element has been revised to provide a detailed, parcel- specific inventory and analysis of land determined suitable for residential development (Sites Analysis and Inventory). The analysis demonstrates the sites are currently available and unconstrained so as to provide realistic development opportunities prior to June 30, 2014 (the end of the planning period). • Based on comments received, a methodology for determining capacity assumptions has been included in the Sites Analysis and Inventory, which also demonstrates how the calculation accounts for land -use controls and site improvements using actual constructed or approved projects. • In addition to the information provided within the revised Sites Analysis and Inventory, a new section has been added to the Housing Element analyzing how the existing uses, land -use regulations, and parcel sizes impact the viability of the John Wayne Airport Area sites to accommodate the RHNA for lower- income households within the planning period. Given the allowed densities of between 30 and 50 dwelling units per acre, the John Wayne Airport Area has the greatest potential to accommodate the City's need for 770 dwelling units affordable to lower- income households. • A detailed discussion of the City's recently adopted Inclusionary Housing Ordinance and In- Lieu Housing Fee has been added, including a constraint analysis on the development of market -rate housing. • Pursuant to the requirements of SB2, the Housing Element includes a discussion identifying the appropriate zoning districts where emergency shelters are allowed as a permitted use without the need for a use permit. As part of the Zoning Code Update, emergency shelters Nvere added as a permitted use within the Private Institutions (PI) and Office - Airport (OA) zoning districts. A discussion has also been added clarifying the permitting requirements for transitional and supportive housing pursuant to S132. • Programs have been expanded and added within the Housing Plan to specifically assist in the development of housing for extremely low- income households. Newport Beach General Plan M Housinq Element Community Housing Market Analyses HOUSING STOCK CHARACTERISTICS Residential Growth and Dwelling Unit Types Between 1980 and 2007, 11,564 housing units were approved and added to the housing inventory in the City of Newport Beach (refer to Table H1). This indicates an average yearly increase in the housing stock of approximately 330 housing units. Since 1990, this rate of increase has slowed. Between 2001 and 2007, an average of 200 to 300 housing permits per year were added to the housing stock with the exception of 2003, which included the annexation of Newport Coast'. This number excludes any demolitions that have occurred. The total number of housing units as of January 1, 2007, was estimated to be 42,580. The mix and number of housing units within the City according to the State Department of Finance are shown on Table H2. Table Year H1 Net Additional Total Housing Units at Beginning of Year and Total Net Change in Housing Units Housing Year Units, 1980-2007 Total Housing Units at Beginning of Year Net Change in Housing Units 1980 31,016 1,233 1994 35,565 38 1981 32,249 152 1995 35,598 33 1982 32,401 109 1996 35,631 33 1983 32,510 225 1997 35,978 347 1984 32,735 108 1998 36,807 829 1985 32,843 216 1999 37,044 237 1986 33,059 306 2000 37,567 523 1987 33,365 971 2001 37,779 212 1988 34,336 312 2002 38,009 230 1989 NIA — 2003 41,590 3581 1990 34,861 525' 2004 41,851 261 1991 35,275 414 2005 42,143 292 1992 35,439 164 2006 42,352 209 1993 1 35,527 88 2007 42,580 228 SOURCES: City of Newport Beach State Department of Finance 2007, Population Research Unit Housing unit numbers represent building permits finaled. 'Two year growth change 1 It should be noted that the Department of Finance provides annual estimates of housing units, not an actual housing count. Newport Beach General Plan M Housinq Element Table Housing Unit Type Number of Units 00 Percent of Total Single - Family Detached 19,186 45.1% Single - Family Attached 7,166 16.8% Duplex to Fourplex 5,520 12.9% Multi - Family 9,845 23.1% Mobile Home 863 2.1% City Total 42,580 100.0% SOURCE: State Department of Finance 2007, Estimate Residential Densities As shown in Table H3, residential densities in many older neighborhoods in the City of Newport Beach range from 12 to more than 22 units an acre, according to City figures that were estimated by dividing residential acreage by current dwelling unit counts. In addition, many attached housing projects in the City were developed to maximize land usage. Existing attached projects in the City and their densities are listed in Table H4. Estimated Density Area D.U. /Net Acre Balboa Peninsula 22.6 West Newport 18.8 Balboa Island 26.7 Old Corona del Mar 17.9 Lido Island 12.0 SOURCE: City of Newport Beach Planning Division, 2008 Newport Beach General Plan Housing Element Table Densities Project of Attached Gross Acreage Housing Number of Dwelling Units Dwelling Units per Gross Acre Newport Crest 38.0 460 12.1 Bayview Landing 4.5 120 26.7 Versailles (Phase 1) 6.8 255 37.5 Lido Condominiums 1.1 54 49.1 621 Lido Park Drive 1.7 36 21.2 Caribe 1.3 48 36.9 The Towers 0.5 28 543 Rendezvous 0.75 24 32.0 Coronado 32.3 1,446 44.8 Mariners' Square 6.2 114 18.4 Park Newport 53.2 1,306 24.5 Promontory Point 32.8 520 15.8 Bayview Apartments 5.4 64 11.8 Bayport Apartments 5.3 104 19.6 Baywood Apartments 27.4 320 11.7 Newport Terrace 40.0 281 7 Granville 10.2 68 6.7 Baypoint Apartments 20.36 300 14.7 Bonita Canyon Apartments 57.70 1,052 18.2 The Colony 6.0 245 40.9 One Nautical Mile 2.44 42 17 Bordeaux Apartments 10.76 191 17 Ziani 18.3 168 9.18 Newport Ridge Apartments 1 21 512 24.3 SOURCE: City of Newport Beach Planning Division. 2008 Housing Tenure The tenure distribution (owner- occupied versus renter - occupied) of a community's housing stock influences several aspects of the local housing market. Residential mobility is influenced by tenure, with ownership housing evidencing a much lower turnover rate than rental housing. The tenure of housing in Newport Beach in 2000 was comprised of 44 percent renter households and 56 owner- occupied households and as shown in Table H5: 1980 27,820 14,888 (53.5 %) 12,932 (46.5 %) 1990 30,860 17,207 (55.8 %) 13,653 (44.2 %) 2000 33,071 18,408(55.7 %) 14,663(44.3 %) SOURCES: 1980, 1990, 2000 U.S. Census. Newport Beach General Plan 41 Housinq Element The percentage of rental housing in Newport Beach is higher than the corresponding figure for Orange County. The latest data comparing rentals from the 2000 Census is shown in Table H6. Table Area Occupied Percent of Rental Housing Newport Beach 44.3% Costa Mesa 59.5% Huntington Beach 39.4% Laguna Beach 39.9% Orange County 38.6% SOURCE: 2000 U.S. Census Since 1960, (when only 36 percent of all occupied units were rented) the percentage of rental housing increased due to a sizeable amount of new rental construction. New construction subsided substantially in the 1980s. Table H7 lists the major rental projects in Newport Beach. In addition, the City contains many rented duplex, triplex, and fourplex units. Areas where this type of rental housing is predominant include West Newport, Balboa Peninsula, Balboa Island, and Corona del Mar. One of the most recent new multi- family rental projects in the City is the Bayview Landing project. This affordable housing project provides 120 units for very low—and low- income seniors. Newport Beach General Plan 4 M/ Housinq Element Table .. r Rental Projects Area No. of Units Anchorage Apartments 39 The Balboa Bay Club 144 Baypoint Apartments 300 Bayport Apartments 104 Bayview Apartments 64 Bayview Landing Apartments 120 Baywood Apartments 320 The Beach House 226 Fairway Apartments 74 Newport Bluffs 1,052 Mariners' Square 114 Newport North 570 Newport Seaside Apartments 25 Newport Seacrest Apartments 65 Newport Villa 60 Coronado Apartments 1,446 Park Newport 1,306 Promontory Point 520 Seaview Lutheran Plaza 100 Sequoia Apartments 54 The Colony 245 The Terraces 56 850 Domingo Drive 34 Newport Ridge 512 Bordeaux Apartments 191 Newport Bay Terrace Apartments 184 Palm Mesa Apartments 147 TOTAL: 27 projects 8,072 SOURCE: The City of Newport Beach Planning Division, 2008 Condominium Conversion Ordinance In the mid- 1990s, the City of Newport Beach adopted a new ordinance to ease restrictions on condominium conversions. Easing restrictions on condominium conversions was intended to promote the availability of first -time home buyer opportunities and to promote the rehabilitation and preservation of smaller, more affordable housing units. Many rental units in certain areas of the community were overcrowded and deteriorating due to absentee owners and the renting of units on a weekly basis. Health and safety issues were also a concern given quality of life impacts resulting from excessive noise, pollution and traffic in areas where weekly vacation rentals were prevalent. In 2005, the City became concerned that severe parking inadequacies of older apartment buildings were being Newport Beach General Plan -43 Housinq Element perpetuated through condominium conversions, and adopted ordinances restricting condominium conversions to structures that provide the code required parking at the time of the conversion. Under these ordinances, duplexes, and multi - family properties that are nonconforming by way of parking cannot be converted to condominiums. These regulations have slowed the rate of condominium conversions in the City. The total number of units affected by condominium conversions approved since 1995 is 394 units. Table H8 identifies the number of conversions each year between 1995 and 2007. Table .. Year 0r No. of Residential Units ConveAed 1995 37 1996 28 1997 20 1998 30 1999 30 2000 22 2001 43 2002 19 2003 23 2004 43 2005 51 2006 42 2007 6 Total 394 SOURCE: City of Newport Beach Planning Division, 2008 Vacancy Rates A vacancy rate is often a good indicator of how effectively for -sale and rental units are meeting the current demand for housing in a community. Vacancy rates of 5 to 6 percent for rental housing and 1 to 2 percent for ownership housing are generally considered optimum, where there is balance between the demand and supply for housing. A higher vacancy rate may indicate an excess supply of units and therefore price depreciation, while a low vacancy rate may indicate a shortage of units and resulting escalation of housing prices. The overall housing unit vacancy rate of the City of Newport Beach has varied between 1980 and 2000, as fluctuations have occurred in the housing market. The last available data for all vacant units categorized by the type of housing stock is from the 2000 Census. It indicated that the vacancy rate for rental units was 3 percent versus 1 percent for ownership housing (Table H9). According to State Department of Finance estimates of the overall vacancy rate in the community has decreased to 10.9 in 2007. Newport Beach General Plan 44 Housinq Element Table Year Overall Housing .. Vacancies as a % of all housing stock Unit Vacancy Rate 1980-2007 Vacancies for sale as a % of all housing stock Vacancies for rent as a % of all housing stock 1980 10.1% 3.8% 6.1% 1990 11.5% 0.8% 4.3% 2000 11.3% 0.9% 3.4% 2007 10.9% n.a n.a SOURCES: U.S. Census 1980, 1990, 2000; Orange County Progress Report 2000; State Department of Finance 2007, Estimate The discrepancy between overall vacancy rates and vacancy rates among available units may be due to the large number of seasonal units and second homes in Newport Beach. According to the 2000 U.S. Census, 1,994 of 4,217 vacant units were identified as "seasonal use." To assist in administration of its condominium conversion ordinance, the City has conducted rental vacancy surveys since 1979. This survey includes only apartment vacancies, not other homes that may be used as rentals. Results of the most recent surveys and the 2000 Census are provided on Table H10. As shown in 2006, the vacancy rate for apartment units was 4.45 percent. TOTAL I 4.8% 1 4.6% 1 2.7% I 4.3% I 8% I 4.4% I 8.0% I 6.2% 1 4.84% 1 4.45% 1 6.58% SOURCES: City of Newport Beach Planning Division 2008; 2000 U.S. Census Housing Condition There has not been a comprehensive survey of housing conditions in Newport Beach since the 1976 Special Census for Newport Beach. That survey indicated only 1.3 percent of all housing units were deficient. Three neighborhoods in the city contained concentrations of substandard housing. Of all housing units on Balboa Peninsula, 5.1 percent were in substandard condition, while 2.5 percent and 2.6 percent of all units on Balboa Island and in Newport Heights, respectively, were in substandard condition. Deficient units in this regard are defined as deteriorated, dilapidated units, as well as those units inadequate in original construction, or which were under extensive repair. The lack of complete plumbing, kitchen, or heating facilities serves as a narrow indicator of substandard housing conditions. Only a small number of homes in Newport lacked these basic utilities in 2000. The 2000 Census reported that 125 units had incomplete plumbing, 235 units were without a complete kitchen, and 135 units had no heating facilities. However, it is the consensus of City staff that the condition of housing in Newport Beach is considered to be very good. During 2007, through its ongoing code enforcement program, the City Building Division has not identified any properties in need of repair. Extremely high property values and the lack of code enforcement cases indicate that property owners within Newport Beach are, for the most part, conscientious about maintaining their properties. Substandard housing does not appear to be a problem for the community at this point in time. Newport Beach General Plan 45 Housinq Element Illegal Dwelling Units Illegal or "bootleg" dwelling units have historically been a problem in Newport Beach, experienced most often in the older, beach - oriented areas of West Newport, Balboa Peninsula, Balboa Island, and Corona del Mar. These units are found in two typical forms: the "splitting" of a single dwelling unit into two separate occupancies, and the conversion of garages to living space. These units usually have a higher number of health and safety code violations than legal units, due to conversion without proper building permits and inspections. Illegal units continue to be a problem today, but are less prevalent than in the past, due to increased year round owner occupancy in these areas, and inspections which occur when properties are sold. While it is difficult to estimate the number of illegal units, code enforcement personnel estimate that as much as 5 percent of the City's housing stock may be in the form of illegal units. While not considered safe and adequate housing, these units do provide living arrangements that tend to be more affordable than legal units. Mobile Homes As described later, mobile homes generally provide more affordable housing opportunities for residents. There are presently 972 mobile home spaces in ten mobile home parks in Newport Beach (Table H11). Many of these units are occupied by permanent residents and some are used by households that use the unit for vacations or weekend visits to the area. The character of the City's ten mobile home parks varies. Three of the parks are located on or close to Newport Harbor. These three parks appeal to retirees and a substantial number of spaces in these parks are occupied by permanent residents. It should be noted that mobile homes in Cannery Village and some in West Newport have been replaced with manufactured housing that is not affordable to low- income and moderate- income individuals and families. HCD is responsible for issuing permits for mobile home parks. The City of Newport Beach has notified the state that mobile home units affordable to low- and /or moderate- income households have been converted, or are in the process of converting to, market rate status and thereby may lose their affordable status. To date, the state has taken no action regarding this continuing loss of affordable housing. It should be noted that one mobile home park, the Beach and Bay Mobile Home Park at 7204 W. Coast Highway, appears to be in substantial physical decline and could be subject to redevelopment or replacement within this planning period. Both the Marina Mobile Home Park and the Seacliff Mobile Home Park were approved for closure in 2006. The Marina Park mobile home park has been owned and operated by the City of Newport Beach since 1919. The park presently accommodates 57 mobile homes: 25 used as second homes, 31 permanent residences and 1 that is vacant. Beginning in 1985, the City agreed to enter into long term leases that provided for reduced rents that were below fair market value. In exchange, the Lessees agreed to deliver possession of the premises. In 2006, the City elected to consider closing the Park and changing the use to an interim open space condition. Newport Beach General Plan 40 Housinq Element TableHII MobileHomell'arks Mobile Home Park Site Address Total # of Spaces # of Acres # of Spaces/ Acre Bayside Village 343 24.66 13.91 300 East Coast Highway Beach and Bay 47 1.41 33.33 7204 W. Coast Highway Cannery Village 34 1.40 24.29 700 Lido Park Drive (replaced with manufactured homes) Ebb Tide 77 4.16 18.51 1560 Placentia Avenue Flamingo 20 0.31 64.52 7000 W. Coast Highway Harbor 40 1.92 20.83 1535 Superior Avenue Lido 214 12.40 17.26 710 Lido Park Drive Marina Park* 57 4.94 11.74 1770 W. Balboa Blvd. Newport Terrace 56 4.27 13.11 824 W. 15th St. Seacliffe Mobile Park* 117 9.11 12.8 890 West 15th Street Total (10 Parks) 972 SOURCE: The City of Newport Beach Planning Division, 2007 ' Approved for closure. The Seacliff Mobile Home Park is a privately owned 117 unit Park near the West Newport Industrial Area. The park owner owns all but 14 of the 117 mobile units. The remaining 103 are rented out on month -to -month tenancies. In 2006, owner decided to terminate the mobile home park space tenancies as part of the park closure. Pursuant to California law, a Closure Impact Report was prepared for both parks that assessed the impact of the park's closure on tenants. The Report provided numerous options to tenants for relocation assistance, including payment of reasonable costs to relocate the mobile homes, payment to purchase the homes, and payment of relocation expenses. Assisted Housing Stock The City has had policies in effect since the mid -19$0s requiring the provision of affordable housing in association with all new residential developments where more than 4 units are proposed. Most were provided within new or existing apartment projects. In some cases, an in -lieu fee was assessed. The City also facilitated the teaming of market rate and affordable housing developers to produce required affordable housing. As mentioned earlier, recent projects include the 120 -unit Bayview Landing project (2004) that produced 119 units that are affordable to very low- and low- income senior households and the 79 -unit Santa Barbara Condominium project that will provide 12 units affordable to moderate - income households (in the pipeline). Affordability requirements for the Santa Barbara Newport Beach General Plan 47 Housinq Element Condominium project will be satisfied through the purchase and rehabilitation of a 12 -unit apartment building. Table H12 summarizes the total number of completed affordable units receiving public assistance as well as regulated affordable housing in private development. Over 400 restricted /assisted affordable housing units are located within Newport Beach. Newport Beach has facilitated affordable housing development using a variety of mechanisms (such Affordable Housing Fund monies, inclusionary housing requirements, CDBG, fee waivers, land grants, and other support). Table .. Affordable) Earliest Possible Date of Project Name/ Location Type of Assistance Received Change Number of UnitslType Domingo Drive Apartments Section 8 Permanent 25 Very Low Income 851 Domingo Drive Newport Harbor Apartments Section 8 538 Placentia Density Bonus 2020 26 Low Income CDBG Newport Harbor II Apartments Section 8 2023 14 Low Income Baywood City Inclusionary Housing 2010 -2011 14 Low Income 1 Baywood Drive Requirement 14 Moderate Income Section 8 Newport Seacrest Apartments CDBG 2016 65 Low Income 84315th Street Fee Waivers Tax Credit Financing Pacific Heights Apartments Section 8 2018 7 881 -887 W. 15th Street Newport North City Inclusionary Housing 2010111 18 Low Income 2 Milano Drive Requirement Newport Seashore Apartments Section 8 2018 15 Low Income 849 West 15th Street Fee Waivers Newport Seaside Apartment Section 8 1544 Placentia CDBG 2019 25 Very Low Income Fee Waivers Seaview Lutheran Plaza (Seniors) Section 202 2039 100 Extremely Low and 2800 Pacific View Drive Section 8 Very Low — Income elderly Villa del Este Section 8 Ownership 2021 2 Moderate Income 401 Seaward Road Villa Siena Section 8 Ownership 2021 3 Low Income 2101 15th Street Density Bonus Bayview Landing (Seniors) In -lieu Fee Funds 24 Very Low and 95 Low 1121 Back Bay Drive Fee Waivers 2056 Income Tax Credit Financing SOURCE: City of Newport Beach Planning Division, 2008 City of Newport Beach Consolidated Plan 2000 -2005; Orange County Affordable Housing List 2010 Newport Beach General Plan 42 Housinq Element State law requires an analysis of existing assisted rental units that are at risk of conversion to market rate. This includes conversion through termination of a subsidy contract, mortgage prepayment, or expiring use restrictions. The following at -risk analysis covers the period of January 1, 2006, through June 30, 2016. Assisted Housing Stock at Risk According to the Housing and Community Services of Orange County's list of affordable housing projects and the City's at risk project database, three affordable project covenants may expire during the planning period. These projects include Newport Seacrest Apartments located at 843 West 15' Street. The project was financed with a 30 -year Section 8 loan which is set to expire in 2016. Of the 65 units, 20 are one- bedroom and 45 are two- bedroom units. Contact with the property representative indicates that although the loan is set to expire in 2016, the property owner would be willing to work with the City and negotiate extending the affordability covenants beyond 2016. Since many tenants of this property have Section 8 vouchers provided by the County, it is assumed that many of the tenants are very low — income households. The Baywood apartment complex includes 14 low- and 14 moderate - income units, all of which are two- bedroom. These units were developed under the City's inclusionary housing requirement and are set to expire in 2011. The Newport North complex contains 18 low income units that were also developed under the City's inclusionary housing requirement and are set to expire in 2010/2011. Of these 18 low income units, 7 are one - bedroom and 11 are two- bedroom. Seaview Lutheran Plaza, an affordable senior apartment development was also considered to be at- risk during this planning period due to a deteriorating water delivery system. The development serves residents who are over the age of 62 and also a limited number of mobility impaired residents over the age of 18, all of whom have extremely low- and very low- incomes. A break in the water delivery system occurred in November of 2008 as a result of electrolysis /corrosion and caused major damage to several of the apartments and became an eminent concern for the health and safety of the residents. The replacement of the deteriorated water delivery system was necessary to comply with current Code requirements and to prevent further damage to the building and the displacement of its residents. Seaview Lutheran Plaza is one of few affordable housing developments in the City with a significant number of very low- income rental units, and the only affordable housing development serving extremely low- income households. The development consists of 50 units affordable to very - low income households and 50 units affordable to extremely low- income households. To assist with the needed repairs of the water delivery system and preserve this supply of affordable rental units, in 2009, the City granted 8135,000 from the Affordable Housing Fund to the owner of the Seaview Lutheran Plaza Apartments. In exchange for the monetary assistance, the owner agreed to extend the affordability of its units for a total period of 30 years. Preservation Options Currently, availability of funding for Section 8 contract renewal is uncertain. Under the Section 8 contract program, HUD pays owners the difference between what tenants can pay (defined as 30 percent of household income) and HUD's payment standard. Rent subsidies using state, local, or other funding sources can be used to maintain the affordability of the at -risk projects and structured to mirror the Section 8 program. Newport Beach General Plan M 4J Housinq Element It is assumed that the one - bedroom units are occupied by a one - person household and two- bedroom units are occupied by a four- person household. This analysis assumes that very low— income households earn below 50 percent of the County median. Thus, the average income would be $30,300 for a one person household and $43,300 for a four- person household according to 2007 HUD /HCD income limits. As Table H13 shows, given the 111 units contained in the three housing projects, whose affordability may expire in this planning period, the total anticipated subsidy is $561,744 annually or $46,812 monthly. Tablel-113 Annual Unit Size Rent Subsidies Required to Preserve Monfhl Rent At- Risk Units No. of Units At Risk Annual Subsidies Affordable Fair Market Subsidy Required Studio $758 $1,103 $345 0 0 One Bedroom $758 $1,238 $480 27 $155,520 Two Bedrooms $1,082 $1,485 $403 84 $406,224 Three Bedrooms $1,082 $2,125 $1,043 0 $0 Total 111 $561,744 SOURCE: Orange County Housing Authority a. When only a portion of a project's units are covered by the Section 8 contract, the mix of these at -risk units is estimated based on the entire project's unit mix. b. Affordable rent for a studio and one - bedroom units are based affordability level for 1 very low— income person. Affordable rent for two- bedroom units based on a 4- person very low— income family. c. Fair Market rents based on the June 2007 maximum rents (payment standard) set by HUD for different unit sizes in Orange County. This payment standard is determined by the Orange County Housing Authority. Resources for Preservation The types of resources needed for preserving units at -risk fall into three categories: 1. Financial resources available to purchase existing units or develop replacement units 2. Entities with the interest and ability to purchase /manage the units at risk 3. Management programs to provide replacement funding for potential lost subsides Financial Resources: The following summarizes financial resources available to the City for preservation of assisted, multi - family rental housing units. • CDBG —The City is programmed to receive approximately $2,000,000 during the next five years. This program is intended to enhance and preserve the City's affordable housing stock. CDBG funds are awarded to the City on a formula basis for housing activities. Approximately, $200,000 per year in CDBG funds are used to repay a 20 -year Section 108 loan which was used to provide public facilities improvements projects to revitalize the low /moderate - income Balboa Peninsula neighborhoods. • Affordable Housing Fund —The City has collected in -lieu fees from various development projects since 1997 and are deposited into the City's Affordable Housing Fund. The City's remaining balance as of the end of 2009 was approximately $1.02 million. Because it is a local housing resource, the City has a large degree of flexibility for use of the funds. The Affordable Housing Fund monies shall be used in compliance with the General Plan Housing Element to Newport Beach General Plan 50 Housing Element construct, rehabilitate, or subsidize affordable housing or assist other governmental entities, private organizations or individuals to provide or preserve affordable housing. The $135,000 grant from the Affordable Housing Fund to Seaview Lutheran Plaza is an example of how this Fund can successfully be used to preserve at -risk housing in the City. Through this grant, 50 very-low income and 50 extremely low- income units were preserved for a period of 30 years. • Section 202 — Provides grant to nonprofit developers for supportive housing for elderly. Eligible activities include acquisition, rehabilitation, new construction, and rental assistance. • California Housing Finance Agency (CHFA) Multiple Rental Housing Programs —This state program provides below market rate financing to builders and developers of multiple - family and elderly rental housing. Tax exempt bonds provide below market mortgage money. Eligible activities include new construction, rehabilitation, and acquisition of properties with 20 to 150 units. • Low Income Housing Tax Credit (LIHTC) —This state program provides tax credits to individuals and corporations that invest in low- income rental housing. Tax credits are sold to corporations and people with high tax liability and proceeds are used to create housing. Eligible activities include new construction, rehabilitation, and acquisition. • California Community Reinvestment Corporation (CCRC) —This private, nonprofit mortgage banking consortium provides long -term debt financing for affordable multi- family rental housing. Eligible activities include new construction, rehabilitation, and acquisition. Administrative Resources: An alternative to providing subsides to private for -profit owners to maintain units as low- income housing is for public or nonprofit agencies to acquire or construct housing units to replace "at risk" units lost to conversion. The City can explore prioritizing tenants that have lost their unit or rent subsidy in these at -risk buildings for inclusion in new projects funding by the City. The following nonprofit housing development corporations are active in developing affordable housing in Newport Beach and Orange County: • Related Companies of California has developed and preserved over 6,000 units of housing in California. Related Companies of California recently constructed the affordable Bayview Landing project in 2004. In addition to construction, Related Companies of California is also experienced with the preservation and management of at -risk properties. • Jamboree Housing is an active nonprofit housing development that constructs and preserves affordable senior, family, and special needs housing throughout southern California. Jamboree also provides on -site social services with many of its affordable and special needs projects. Jamboree Housing has recently developments projects in the cities of Irvine and Laguna Beach. • National Community Renaissance (National CORE) includes National Community Renaissance of California (formerly So Cal Housing), National Housing Development Corporation (formerly NHDC), and Hope Through Housing Foundation. Together, the combined nonprofit entity now operates over affordable 9,500 apartments in the United States. Programs include construction, acquisition, rehabilitation, job education and training, adult education and literacy, senior services, and after- school youth programs. • Olson Company —a local, for - profit development, the Olson Company is an experience multi- family and mixed -use housing development that has included affordable housing as a component of many projects. Recent affordable projects have occurred in the cities of Brea and Fullerton. Newport Beach General Plan 51 Housinq Element ■ The Irvine Company —one of the largest land developers on Orange County, The Irvine Company owns and manages over ninety apartment projects located throughout Orange County, Los Angeles, San Diego, and Silicon Valley. Affordable rental units are located at approximately thirty of these projects including inclusionary housing units, HUD - Funded Programs, and Section 8 units. The Irvine Company owns several apartment complexes within Newport Beach. Replacement Options through Inclusionary Housing Ordinance The City's recently adopted Inclusionary Housing Ordinance (Ordinance No. 2010 -9) provides additional tools to assist the City with the replacement of existing affordable housing developments that are at -risk of converting to market -rate. The ordinance 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. In order to provide flexibility to developers and reduce the burden that this ordinance may place on new residential subdivision projects, alternatives to on -site construction requirements have been included to allow for off -site construction, off -site renovation, land dedication, and payment of in -lieu housing fees. Specifically, the off -site renovation allows a developer to fulfill their affordable housing obligations by renovating and converting existing off -site units to affordable units for a period of 30 years. This option includes at -risk units whose affordability income restrictions are set to expire in three years or less. As the City processes future development projects, it is anticipated that several developers will choose to satisfy their affordable housing obligations through this option, providing a strong tool for the City to replace and possibly preserve existing affordable housing units that are a risk of conversion. Within this planning period, the City has approved two projects that satisfied their affordable housing obligations through this off -site renovation option. The first is the 79 unit Santa Barbara Condominium project approved by the City in 2006 and the California Coastal Commission in 2007. The Affordable Housing Implementation Plan (AHIP) approved for that project requires the conversion and rehabilitation of 12 off -site market -rate rental units. Occupancy of the units is required to be restricted to qualifying moderate- income households and rents are to be restricted for a period of 30 years. The second project is North Newport Center Planned Community. The Irvine Company (TIC) is the primary land owner /developer in the Newport Center area. A Planned Community Development Plan to build 430 mixed -use units (within Block 500, 600 and San Joaquin Plaza) was approved in December 2007. The North Newport Center AHIP was also approved in December 2007 and requires TIC to provide the following number of units for very low —, low -, or moderate - income housing, or a combination of income categories: ■ Very Low: 43 units ■ Low: 65 units ■ Moderate: 86 units The Irvine Company also owns the Bays Apartment complex consisting of three buildings know as Baywood, Bayview and Bayport. In order to meet AHIP requirements, the Irvine Company is proposing to provide affordability covenants for 43 to 86 existing units for a period of at least 30 Newport Beach General Plan 52 Housinq Element years. The AHIP stipulates that affordable units shall not be concentrated in any one building in the Bays. POPULATION AND HOUSING PROJECTIONS According to the US Census, the population of Newport Beach in 2000 was 70,032 residents, excluding the Newport Coast area. Updated information from the State Department of Finance estimates the population in 2007 to be 84,218. Pursuant to the updated General Plan, ultimate residential capacity within the City of Newport Beach will be 49,968 dwelling units, including the Newport Coast area. Future residential growth will largely occur through infill development and reuse of existing and obsolete land uses. As discussed in greater detail later in the document, the key sites for future growth include the Airport Area, Newport Center, Banning Ranch, West Newport Mesa, and the Balboa Peninsula area According to the California State Fullerton Center for Demographic Research projections, the population of Newport Beach is anticipated to grow steadily over the next several years, increasing to 91,321 residents by 2015. Table H14 and Table H15 were created to demonstrate housing and population trends based on past State Department of Finance estimates. These estimates are supplemented with housing unit and population projections based on estimates of actual construction. Estimates are for 2000 to 2007. TableH14 Population 1980-2007 Year Total Population Household Po ulation Grou Quarters 1980* 65,283 64,972 311 1985* 66,817 66,284 533 1990 66,643 65,941 702 1995 68,920 68,199 721 2000 75,627 74,906 721 2005 83,120 82,180 940 2006 83,503 82,563 940 2007 1 84,218 1 83,278 1 940 SOURCES: State Department of Finance 2007, Population Research Unit *1992 Housing Element, City of Newport Beach. Newport Beach General Plan Housinc7 Element Table Total # Of Year Units 1980-2007 Dwelling Unit e Occupied Units Percent Vacant Pop/ Household Single Family 2-4 5+ Mobile Homes 1980* 31,016 17,490 7,149 5,762 615 28,282 8.81% 2.297 1985* 32,843 19,078 5,836 7,052 877 29,605 9.86% 2.239 1990 34,861 20,767 5,355 7,792 947 30,860 11.48% 2.252 1995 35,596 20,776 5,637 8,238 947 31,512 11.48% 2.164 2000 37,567 21,747 5,743 9,130 947 33,255 11.48% 2.252 2005 42,143 26,804 5,475 9,721 863 37,545 10.91% 2.19 2007 1 42,580 1 26,352 1 5,520 1 9,845 1 863 37,934 10.91% 2.19 SOURCES: State Department of Finance 2007, Population Research Unit *1992 Housing Element, City of Newport Beach POPULATION TRENDS The City's rate of population growth exceeded the County rate of population growth through 1950 (Table H16). However, since 1950 the City's proportionate gain in population has been substantially less than that of the County. Annexations of the West Newport Triangle in 1980, a portion of Santa Ana Heights in 1987, and construction of large housing developments helped to increase City population 6.5 percent between 1980 and 1990. Construction of housing developments contributed to an increase of City population of 15.2 percent between 1990 and 2000. Population increases after 2000 were generally due to intensification of land uses and annexation of the Newport Coast and Santa Ana Heights areas. Past and future populations of both Orange County and Newport Beach are presented below. Newport Beach population will continue to constitute a decreasing percentage of the County population. The County population is projected to increase by 8.2 percent between 2010 and 2025. The City of Newport Beach population is projected to increase by a slightly slower rate of 8.0 percent during the same time period. The 2000 Census estimates the vacancy rate to be 3.5 percent for Orange County in 2000. Of these vacant units, approximately 1 percent is used for seasonal, recreational, or occasional use. The average household size in 1970 was 2.6; the 1980 Census reported an average household size of 2.2 (Table H17). Between 1980 and 1990, this rate increased to 2.3 persons per unit. The decrease in average persons per household between 1970 and 1980 and the increase in average persons per household between 1980 and 2000 are shown below. This trend is consistent with the trend in Orange County. Reduction in household size in Newport Beach between 1970 and 2000 had been the result of increased numbers of persons 65 years of age and older and reduced numbers of child- rearing households and child population in the City. This trend is documented by Table H18. Table H19 further indicates a general aging of the population of the City between 1990 and 2000. However, it also shows an increase in "under 5" and "5 to 13" age categories, which in part may explain the slight increase in numbers of persons per household. Newport Beach General Plan 5.4- Housinq Element Table H 16 Population Oran Gr. Orange . and Newport a County New ort Beach Beach, City Population as a % of County Population Population Growth Rate Population Growth Rate 1910 34,436 2.2 445 3.2 1.3% 1920 61,375 78.2% 894 101% 1.5% 1930 118,674 93.4% 2,203 146.4% 1.8% 1940 130,760 10.2% 4,438 101.4% 3.4% 1950 216,224 65.4% 12,120 173.1% 5.6% 1960 703,925 225.6% 26,565 119.2% 3.8% 1970 1,420,386 101.8% 49,442 86.1% 3.5% 1980 1,932,709 36.1% 62,556 26.5% 3.2% 1990 2,410,556 24.7% 66,643 6.5% 2.8% 2000 2,846,289 16.5% 70,032 5.08% 2.4% 2010* 3,314,948 16.4% 88,340 26.1% 2.7% 2020* 3,533,935 6.6% 93,195 5.5% 2.6% 2025* 1 3,586,285 1 1.5% 1 95,427 2.4% 2.6% SOURCES: U.S. Census of Population and Housing and California Department of Finance * Projected 2000 -2025 Data- Orange County Progress Report (2007) TableH17 Persons Area per Occupied 111 1970 1980 1990 1 1 1 1 1 2000 Newport Beach 2.6 1970 2.2 2.3 2.2 Orange County 3.2 4,859 2.7 3.1 3.1 SOURCES: 1990 U.S. Census Orange County Progress Report 2000 27.1% 37.6% 9.8% Year <5 5-13 14-17 18-34 35-64 65+ 1970 2,343 6,434 3,799 13,389 18,602 4,859 %of Total 4.7% 13% 7.7% 27.1% 37.6% 9.8% 1976 1,835 6,460 4,270 19,169 24,934 6,240 % of Total 2.9% 10.3% 6.8% 30.5% 39.6% 9.9% 1980 1,663 5,135 3,843 19,342 25,285 7,288 %of Total 2.7% 8.2% 6.1% 30.9% 40.4% 11.7% 1990 2,578 4,115 2,197 19,573 27,862 10,318 %of Total 3.9% 6.2% 3.3% 29.4% 41.8% 15.5% 2000 2,941 5,890 2,291 16,245 30,457 12,198 %of Total 4.2% 1 814% 1 3.3% 1 23.1% 1 43.5% 1 17.4% SOURCES: 1970,1980, 1990, and 2000 U.S. Census and 1976 Special Census for Newport Beach Percentages may not add to 100% due to independent rounding. Newport Beach General Plan 5,5 Housinq Element The 2006 U.S. Census American Community Survey was conducted for the City of Newport Beach to obtain data on limited general demographic characteristics, including age. Information obtained from this survey provided estimated populations with margins of error of ±6,252. While the error margin for the American Community Survey data is significantly higher compared to the decennial census data, the American Community Survey provides more up -to -date information that can illustrate trends that have occurred in Newport Beach since 2000. Results from the survey are displayed in Table H19. Tablel­119 Population and Percent Change American Community Survey Age Number by Age Group, 2006 City of Newport Percent 0-4 5,175 5.9% 5-19 13,355 15.4% 20 -34 16,028 18.5% 35-64 35,206 40.6% 651+ 17,062 19.7% Total 86,820 100.0 SOURCE: U.S. Census American Community Survey 2006. More recent data displays several population trends within Newport Beach from 2000 to 2005. One of the more notable issues was that the City's senior population remains a significant proportion of the City's population, comprising almost 20 percent in 2005. Another significant population is children under 19 years, which also composed approximately 20 percent of all residents. In addition, information on public school enrollment in the Newport-Mesa Unified School District ( NMUSD) is provided in Table H2O. NMUSD serves the majority of the City. Approximately 20,600 students were enrolled in NMUSD during the 2005/06 school year. Of these, almost 70 percent were in grades K to 8, while the remaining 32 percent were in high school. HOUSEHOLD CHARACTERISTICS Ethnicity The following information is based on the most recent information (2000 Census of Population and Housing) available for the City of Newport Beach, as supplemented with information from the 2006 U.S. Census American Community Survey. As shown in Table H21 and Table H22, the City of Newport Beach General Plan 50 Enrollment Percent Public K to 8 14,126 68.4% 9 to 12 6,536 31.6% Total 20,662 100% SOURCES: California Department of Education, Newport -Mesa School District 2007: Citv of Newoort Beach. Draft General Plan EIR 2006 HOUSEHOLD CHARACTERISTICS Ethnicity The following information is based on the most recent information (2000 Census of Population and Housing) available for the City of Newport Beach, as supplemented with information from the 2006 U.S. Census American Community Survey. As shown in Table H21 and Table H22, the City of Newport Beach General Plan 50 Housinq Element Newport Beach has become diverse racially and ethnically in 2000 compared to 1990. Persons who classified themselves as white in 1990 comprised 92.5 percent of the City population. Those classifying themselves as Hispanic in 1990 comprised 4 percent of the City population; in 2000 that increased to 6.2 percent. The percentage of the City population who identified themselves as African American in 1990 was .2 percent; in 2000 this increased to 0.5 percent. Table H21 shows the 1990 and 2000 racial and ethnic composition of Newport Beach. Comparative figures for Orange County are also provided. Table .. Composition, 111 Newport Coast Newport - . and Orange 1 . 2000 Number City of Newport Beach County of Orange Number Percent Race and Ethnicity Year Number Percent Non - Hispanic White 1990 61,693 92.5% 1,557,956 64.6% 1.7% 2000 64,583 92.2% 1,844,652 64.8% African American 1990 152 0.2% 38,825 .6% 30.8% 2000 371 .5% 47,649 1.7% AsianlPacifclslander 1990 1912 2.9% 244,407 10.1% 1 100% 2000 2,804 4.0% 386,785 13.6% Hispanic 1990 2,671 4.0% 556,957 23.1% 2000 3,301 4.7% 875,579 30.8% Other 1990 215 0.3% 12,411 0.5% 2000 792 1.1% 421,208 14.8% Total 1990 66,643 100% 2,410,556 100% 2000 70,032 100% 2,846,289 100% SOURCES: Orange County Progress Report 2000, Center for Demographic Research; U.S. Census 2000. Numbers are rounded to nearest decimal place and may not add up to 100% Newport Table H22 Racial Race and Ethnicity and Ethnic •• Year Composition, 111 Newport Coast County of Orange Number Percent Number Percent Non - Hispanic White 2000 2,085 78.1% 1,844,652 64.8% African American 2000 7 0.3% 47,649 1.7% Asian /Pacific Islander 2000 483 18.1% 386,785 13.6% Hispanic 2000 112 4.2% 875,579 30.8% Other 2000 8 0.3 421,208 14.8% Total 1 2000 2,671 100% 2,846,289 1 100% SOURCES: Orange County Progress Report 2000, Centerfor Demographic Research. U.S. Census -2000. Numbers are rounded to nearest decimal place and may not add up to 100% As identified in Table H23, according to the U.S. Census 2006 American Community Survey estimates, Newport Beach continues to become more racially and ethnically diverse, although the majority of residents are Non - Hispanic White. As shown, the proportions of Hispanic, Asian and residents identifying themselves as of another racial and ethnic group or of mixed - racial heritage have Newport Beach General Plan Housinq Element increased in Newport Beach since the 2000 Census. However, fewer minority groups reside in Newport Beach compared to Orange County as a whole. Table Newport 00 Race and Ethnici Orange New ort Beach .. County, Oran a County Number Percentage Number Percentage Non - Hispanic White 73,499 84.6% 1,408,486 46.9% Black 179 0.2% 48,849 1.6% Asian /Pacific Islander 5,780 6.7% 486,947 16.2% Hispanic 5,429 6.2% 987,428 32.9% Other 1,527 1.7% 70,338 2.34% Total 1 86,820 1 100% 1 3,002,048 100% SOURCE: U.S. Census American Community Survey 2006 This information does include demographic information from Newport Coast. Household Incomes An important component of housing affordability is household income. Upper income households have substantial discretionary income to spend on housing; low- and moderate- income households are more limited in terms of housing they can afford. Median household income in Newport Beach traditionally has been greater than that of Orange County. In 1990, City median household income was 31.5 percent higher than County household median income (Table H24). In 2000, City median household income had become 41.8 percent higher. Updated information from the American Community Survey indicates that the median household income in Newport Beach was $103,068, 46.7 percent higher than the County. TableH24 Year Median Orange Orange County Household Incomes County and Newport Newport Beach (1980-2006), ; of Coun 1980 $22,806 $27,516 ( +20.7 %) 1990 $45,922 $60,374 ( +31.5 %) 2000 $58,820 $83,455 ( +41.8 %) 2005 $70,232 $103,068 ( +46.7 %) SOURCE: U.S. Census, 1980, 1990, 2000 and 2006 American Community Survey In discussing lower- income households, it is important to identify the income levels associated with labels such as "very low," "low," or "moderate" income. These are usually defined as annual household incomes not exceeding a percentage of the median family income identified annually by the Department of Housing and Urban Development (HUD) for the Orange County area, which was $78,700 in 2007. Newport Beach General Plan Housinq Element For planning and funding purposes, the State Department of Housing and Community Development (HCD) categorizes households into four income groups based on the County area median income (AMI): • Veg Loan Income -up to 50 percent of County area median income • Low Income -51 -80 percent of County area median income • Moderate Income -81 percent to 120 percent of County area median income • Above Moderate -above 120 percent of the County area median income Income by Household Type and Tenure Comprehensive Housing Affordability Strategy (CHAS) data based on the 2000 Census developed by the Department of Housing and Urban Development (HUD) is used to provide an overview of income distribution by household type and tenure in Newport Beach. According to HUD data, 7 percent of the City's total households in 2000 were Extremely Low Income (0 -30 percent AMI), 6 percent were Very Low Income (31 to 50 percent AMI), and 9 percent were Low Income (51- 80 percent AMI). Approximately 78 percent of the households had incomes above 80 percent of the median in 2000 (Table H25). Table H25 Household Income Profile by Household Type Newport 000 Renters Owners Small Large Total Small Large Total Total Households Elders Families Families Renters Elderl Families Families Owners Households Extremely Low Income 454 214 0 1,288 440 204 18 1,017 2,305 (0 -30% AMI) Cost Burden 329 194 0 1,008 304 239 14 752 1,761 >30% Very Low Income 343 230 10 1,116 460 133 10 762 1,878 (31 -50% AMI)` Cost Burden 267 204 10 997 294 118 10 562 1,560 >30% Low Income 322 388 75 1,739 740 315 49 1,289 3,028 (51 -80% AM I) Cost Burden 267 318 40 1,340 433 215 45 803 2,143 >30% Moderate and Upper Income 1,105 2,920 105 10,554 4,910 6,799 1,094 15,283 25,837 (81% +AMI) Cost Burden 330 300 10 1,498 1,065 1,992 313 786 5,658 >30% Total 2,224 3,752 190 14,697 6,550 7,451 1,171 18,351 33,048 Cost Burden 1,194 1,020 60 4,850 2,083 2,496 383 6,276 11,104 >30% SOURCE: 2007 HUD CHAS Data Book, based on 2000 Census. For planning purposes, the U.S. Department of Housing and Urban Development (HUD) uses Census data to develop special tabulations by HUD income group and special needs category. This data set is collectively known as the Comprehensive Housing Affordability Strategy (CHAS). Newport Beach General Plan M Housinq Element Certain groups had higher proportions of lower- income households. As shown in Table H25, elderly and large family renter households had higher proportions of lower- income households than any other household type. Approximately 50 percent of all elderly renter households and 25 percent of elderly owner households earned lower income levels (earned less than 80 percent of AMI). Although according to CHAS data, only 190 large family renter households were located within the community, Among these households, 45 percent earned less than 80 percent of the AMI. However, only 6 percent of large family owner households earned very low— and low- income levels. Housing Cost Burden Housing cost burden occurs when the cost of a desired unit is greater than the monthly affordable rent or mortgage payment for that household. According to the 2007 CHAS data, 34 percent of Newport Beach home owners and 33 percent of renter households had a housing cost burden in 2000 (paying more than 30 percent of income on housing). This translates into 4,850 renter households and 6,276 owner households in the community. However, this level of cost burden for households is not unique to Newport Beach. In 2000, 34 percent of all Orange County households paid more than 30 percent of their income on housing, including 30 percent of owners and 40 percent of renter households. Approximately 34 percent of all California households paid more than 30 percent of their income towards housing costs according to 2007 CHAS data. Housing Costs Affordability is determined by comparing the cost of housing to the income of local households. If the costs are high relative to the incomes, housing problems such as overcrowding and cost burden are more likely to occur. This section details the costs of housing in Newport Beach and examines the overall affordability of housing within the City. Housing Sales Prices Home sales prices throughout Orange County have escalated dramatically over the past several years. According to DataQuick Information Systems, the median price of all homes and condominiums in Newport Beach sold in the fourth quarter of 2007 was $1,485,000. Home prices in Newport Beach are second only to Laguna Beach ($1,530,000) and are higher than Huntington Beach ($681,250), Costa Mesa ($670,000), Irvine ($663,000), and the County median of $621,000. As the sales data for homes in Newport Beach by Zip Code in December 2007 in Table H26 shows, housing prices in Newport Beach vary substantially by geographic area. The median price for single - family homes and condos ranges from $1,110,000 in Zip Code 92660 to $4,401,250 in Zip Code 92657 (Newport Coast). Newport Beach General Plan iI Housing Element Table H26 Single - Family and Condominium Home Sales, December 2007 92625 11 $2,506,250 92660 11 $1,110,000 92661 1 $2,875,000 92662 n.a. n.a. 92663 21 $1,379,500 92657 (Newport Coast) 14 $4,401,250 SOURCE: DataOuick, 2008 Rental Costs As part of an analysis of the City's Inclusionary Housing In -Lieu fee program a rental survey of apartment units was conducted in 2007 (Table H27). As shown, the overall median rental price for apartments in Newport Beach ranges from $"1,773 for a one - bedroom, and up to $2,560 for a three - bedroom unit. Table A admem Complex .. One Bedroom .. 00 Two Bedroom Three Bedroom Baypointe $1,899 $2,229 - Bayport $1,590 $1,880 $2,425 Bayview $1,590 $1,880 $2,425 Baywood $1,590 $1,880 $2,425 Mariner's Square $1,790 $2,240 $2,485 Newport Bluffs $1,815 $2,295 $3,040 Newport North $1,516 $1,845 - Promontory Point $2,195 $2,395 - The Colony $2,705 $3,015 - Newport Ridge $1,905 $2,215 - Coronado at Newport South $1,099 $1,679 - Fairway at Big Canyon $2,150 $3,400 - Average $1,620 $2,246 $2,560 Low $1,099 $1,679 $2,425 High $2,705 $3,400 $3,040 SOURCE: Compiled by EPS. 2007 Ten mobile home parks are located within the community, with some of the units available as rental units. Discussion with management staff at some of the parks indicate that the rental rates for these Newport Beach General Plan 01 Housinq Element units range significantly, from $800 up to $4,000, depending on the size and quality of the units and the location of the park (Table H28). Table .. Mobile Home Park Site Address Total # of Spaces 7 Rent /Month $ Bayside Village 343 $1,600 - $3,250 300 East Coast Highway Beach and Bay 47 Current information unavailable 7204 W. Coast Highway Cannery Village 34 $1,500 -3,000 700 Lido Park Drive (replaced with manufactured homes) Ebb Tide 77 Approximately $800 1560 Placentia Avenue Flamingo 20 Current information unavailable 7000 W. Coast Highway Harbor 1535 Superior Avenue 40 Current information unavailable Lido 710 Lido Park Drive 214 $1,400-$4,000 Marina Park 58 $1,500 41,800 1770 W. Balboa Blvd. Newport Terrace 56 $90041,000 824 W. 15th St. Seacliffe Mobile Park 117 Current information unavailable 890 West 151 Street TOTAL(S): 10 Parks 972 $80044,000 SOURCE: Personal communication with managers of Mobile Home Parks. February 2008 Housing Affordability The costs of home ownership and renting can be compared to a household's ability to pay for housing, based on the 2007 HUD median income of $78,700 for Orange County and current market prices in Newport Beach (Table H29), While the median household income in Newport Beach is higher than the County, a significant number of households in the City earn lower income levels. Specifically, 22 percent of households earned very low and low incomes. In addition, elderly and large family renter households had higher proportions of lower income levels than any other household type, indicating that fording affordable, adequately sized housing is difficult for these households. ■ Moderate- Income Households Moderate- income households earn 81 to 120 percent of the County's median family income. Moderate - income households are unable to afford any of the condominiums or single family homes sold in the City at current prices. With a maximum affordable rent payment of $1,653 to $2,550 per month, moderate- income households can afford the price of most of the market -rate rental units in the City and the affordable housing in the community listed on Table H12. Newport Beach General Plan 02 Housinq Element Maximum Affordable Estimated Maximum Income Grouo Annual Income Rental Pavment Affordable Purchase Price Extremely Low 1 person household $18,200 $455 $49,166 4 person household $26,000 $650 $70,247 6 person household $28,100 $702 $75,922 Very Low 1 person household $30,300 $758 $81,890 4 person household $43,300 $1,082 $117,013 6 person household $46,750 $1,169 $126,354 Low 1 person household $48,500 $1,212 $131,056 4 person household $69,300 $1,732 $187,293 6 person household $74,850 $1,871 $202,276 Moderate 1 person household $66,100 $1,653 $178,633 4 person household $94,400 $2,360 $255,107 6 person household $102,000 $2,550 $275,669 a, Based on HUD /HCD 2007 Income Limits n Calculated as 30% of income, divided by 12 months Assumes 10% down payment, 7% interest rate, 1.25% property tax, and 30 -year mortgage. • Low- Income Households- Low - income households earn between 51 to 80 percent of the County's median family income. Similar to moderate- income households, low- income households are limited to the rental market in Newport Beach. These households are unable to afford any of the homes sold within the city. Low - income households can afford the rent of the affordable housing units in the community (Table H12) a very limited amount of the market -rate one - bedroom apartment units for rent and some of the mobile home units; however they may have difficulty obtaining affordable larger rental units. • Very Low-Income and Extremely Low -Income Hauaebold - Extremely low- and very low-income households are also unable to purchase any market -rate homes in Newport Beach. Affordable /assisted units in the community are affordable to these households. Overcrowding A housing unit that is occupied by more than one person per room (excluding kitchens, bathrooms, hallways and porches) is defined by U.S. Department of Housing and Urban Development (HUD) as being overcrowded. A housing unit with more than 1.5 persons per room is considered to be severely overcrowded. The substantial reduction in the average household size in the City of Newport Beach in the last third of the twentieth century indicates the majority of City households are not overcrowded in terms of persons per dwelling unit. The 2000 U.S. Census figure is 1.9 persons per dwelling unit. This figure is well below state and regional averages. Newport Beach General Plan to3 Housinq Element The 1990 U.S. Census indicated that in Newport Beach 66 (0.4 percent) owner - occupied units and 406 (2.8 percent) renter - occupied units included more than 1.01 persons per room. In 2000, these figures were 102 (0.55 percent) for owner- occupied units and 513 (3.4 percent) of renter- occupied units. Approximately 40 (0.2 percent) of owner - occupied units and 275 (1.8 percent) of renter - occupied units were severely overcrowded in 2000. Within Orange County as whole, overcrowding rates are considerably higher: Countywide 7.8 percent of owner - occupied units and 28.3 percent of renter - occupied units were overcrowded in 2000. EMPLOYMENT TRENDS AND PROJECTIONS The California State Employment Development Department estimated the total labor force among the Newport Beach population in January 2008 was 46,100, of whom 44,900 were employed. Labor force is defined as the number of people 16 years of age and older (who reside within the City of Newport Beach) that are employed or are seeking employment. The 2006 U.S. Census American Community Survey estimates that the top eight industries within the City's labor market were as follows: finance, insurance and real estate (10,106); professional services (7,316); manufacturing (4,105); educational services and health care (6,760); arts, entertainment, recreation, and food services (3,216); retail trade (2,778); construction (2,503); and wholesale trade (2,089). Newport Beach serves as a large employment center within the community and the County, including professional occupations associated with major office centers located within Newport Center and the Airport Area as well as medical and research jobs associated within Hoag Hospital within the West Newport Mesa area. As a beachfront community, tourism is also a key component of Newport Beach's economy and lifestyle. As such, a number of jobs within the community are within the service sector. While many of the industries providing the largest number of jobs consist of higher paid occupations such as jobs within the professional, scientific and portions of the healthcare fields, there are also a number of lower -paid service jobs in the community such as jobs in the retail and food services. Most of these workers likely commute from places outside the City. Table H30 compares Southern California Association of Governments City projected employment growth (as presented in the Orange County Progress Report 2000) with projected employment growth for Orange County. This reflects the number of jobs available within the City. The Center for Demographic Research has indicated employment in the City is expected to increase by 4.2 percent between 2010 and 2020. The projected countywide employment increase is 9.9 percent during that same period. The City will have about 4.0 percent of the jobs in Orange County by year 2020. Table Year Newport Beach .. Orange County Orange City Employment/ County Employment 2010* 75,110 1,796,726 4.2% 2015* 76,980 1,897,350 4.1% 2020* 78,325 1,975,074 4.0% SOURCES: Orange County Progress Report 2000 *California State Employment Development Department Newport Beach General Plan 04 Housinq Element Summary Although employment opportunities within Newport Beach will continue to increase, those increases will also continue to comprise a smaller percentage of the overall job creation within the County. Consequently, additional demand for housing within Newport Beach will be as much a result of overall employment growth within the County, as it would be because of employment growth within the city. SPECIAL NEEDS POPULATION GROUPS Certain segments of the population may have a more difficult time finding decent affordable housing due to special circumstances. The state of California defines "special needs" households as the elderly, disabled persons (including developmental disabilities), large families, female- headed households, farm workers, and the homeless. This Housing Element has included students in the "special needs" population. Data from the 2000 Census of Population and Housing indicate the "special needs population in Newport Beach most in need of affordable housing is senior citizens (those at least 65 years of age). A large percentage of Newport Beach senior citizens in 2000 had a work disability with a mobility or self -care limitation. Students Students attending the University of California, Irvine (UCI) or Orange Coast College (OCC) in Costa Mesa also reside in Newport Beach. The Student Housing Offices provide information to students on locating housing but students do not necessarily obtain housing through the offices. Also, Student Housing Offices have no way of tracking residences of students. The University of California, Irvine Housing Office provides general information on housing listings from the Housing Office over the past year (2006). This information includes rental rates in Irvine, Newport Beach, Costa Mesa, and surrounding communities. Rental information specific to Newport Beach was not available. That study was based on number of rooms and made no distinction between apartments and homes. Rents then ranged from $1,050 per month for a studio, to $2,300 per month for a three bedroom, two -bath unit (Table H31). Those costs for year 2006, based on students helped, are as follows: Studio -1 bedroom, 1 bath $1,050 - $1,150 2 bedrooms, 1 bath $1,35041,550 3 bedrooms, 2 bath $2,300 SOURCE: UCI Student Services, Housing Information, 2007 Persons with Disabilities According to the 2000 Census, 8,386 persons in Newport Beach had a disability, comprising approximately 12.5 percent of the population five years and older. Disabilities are defined as mental, Newport Beach General Plan C-1 .5 Housinq Element physical, or health conditions that last over six months. The proportion of individuals with disabilities increases with age. Approximately 6 percent of children and adolescents aged S to 20 had a disability, compared to 10 percent of adults aged 21 to 64 and 26 percent of seniors. The most prevalent public need for persons with disabilities is access to public places, housing and facilities. Mobility impaired individuals require special housing or structural needs. These include, but are not limited to, wheelchair ramps, widened doorways, grab bars, and access ramps. Certain individuals may require housing that has access to health care facilities. From available Census data it is not possible to determine how many of these handicapped persons need housing assistance. The City has produced 2 units designed for handicapped occupancy in one of its rent restricted, financially assisted housing developments. Rental on these 2 units was restricted to allow use of Section 8 rental assistance Certificates or Vouchers. These units also are located in close proximity to the largest concentration of health care facilities within Newport Beach. Persons with Developmental Disabilities Developmental Disabilities include intellectual disabilities, autism, cerebral palsy, epilepsy and other disabling conditions that are closely related to or require treatment similar to mental retardation. The State Department of Developmental Services (DDS) currently provides community -based services to approximately 243,000 persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community -based facilities. The Regional Center of Orange County (RCOC) is one of 21 regional centers in the State of California that provides point of entry to services for people with developmental disabilities. The RCOC is a private, non -profit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families. Any resident of Orange County who has a developmental disability that originated before age 18 is eligible for services. Services are offered to people with developmental disabilities based on Individual Program Plans and may include: Adult day programs; advocacy; assessment /consultation; behavior management programs; diagnosis and evaluation; independent living services; infant development programs; information and referrals; mobility training; prenatal diagnosis; residential care; respite care; physical and occupational therapy; transportation; consumer, family vendor training; and vocational training. RCOC also coordinates the state - mandated Early Start program, which provides services for children under age three who have or are at substantial risk of having a developmental disability. According to the RCOC February 2010 Facts and Statistics data, the RCOC currently serves approximately 16,728 individuals. Of those individuals, a total of 182 individuals currently reside in Newport Beach according to Jack Stanton, RCOC Chief Counselor. Female Head of Household Single- parent households often require special consideration and assistance as a result of their greater need for affordable housing, accessible and affordable day care, health care, and other supportive services. Female- headed households with children in particular, tend to have significantly lower incomes, lower rate of homeownership, and higher poverty levels than other types of households. Newport Beach General Plan Housinq Element Data from the 2000 U.S. Census indicates that there were 1,046 female- headed households with children under 18 years in Newport Beach. The data also revealed that 8.1 percent (99) of these female- headed households with children were living below the poverty level. However, the extent of poverty experienced by female- headed families in Newport Beach was significantly lower than the countywide rate of 21.1 percent. Elderly In 2000, the fastest growing segment of the County population was older adults (ages 65 and older). Federal regulations stipulate senior citi2ens are presumed to have "presumptive benefit" for Americans with Disabilities Act mandated provisions. Additionally, special housing needs of many elderly persons result from lower, fixed incomes, physical disabilities, and dependence needs. Since 1960, the elderly population in Newport Beach has grown steadily, and there is no indication of this trend reversing. According to the 2000 Census, 12,295 persons in Newport Beach were aged 65 years and older representing 17.6 percent of the City's population. The percentage of older persons in the City is large compared to the region. In 2000, only 9.9 percent of Orange County residents were 65 years of age or older. Due to aging "baby boomers," the 65 years and older age group has been, proportionately, the fastest growing segment of the total population in the previous two decades. The number of elderly can be expected to increase as persons between the ages of 35 and 64 continue to mature. Many elderly persons residing in Newport Beach are long -time residents. However, many others have arrived more recently to pursue a retirement lifestyle suited to the area's attractive locale. Those persons in the latter category generally are well housed because their housing arrangement was chosen to match their retirement lifestyle and financial situation. Persons in the former category are more often living in houses purchased before real estate prices increased dramatically. Many of these individuals today would be unable to afford the house in which they are currently living. Furthermore, these homes may no longer match their housing needs regarding space, maintenance, and proximity to community facilities. Thus, persons living on low, fixed incomes may be "house rich" in terms of accumulated equity in their homes, but poorly served by the housing unit itself. In such cases, elderly residents may retain their houses only because they wish to remain in the community. Alternative living arrangements in the community, such as smaller units close to commercial and transportation facilities with some congregate services, would better serve the housing needs of this population segment. According to the Housing and Urban Development (HUD) 2006 CHAS data, of the 8,774 elderly households in the City of Newport Beach, 6,550 were owner- occupied and 2,224 were rental. These households represented 26.5 percent of the total households in the City. Of the elderly renter occupied households, 56 percent (1,249 persons) and 32 percent (2,082 persons) of elderly owner households had problems as defined by HUD 2. According to CHAS data, approximately 50 percent of all elderly renter households and 25 percent of elderly owner households earned lower income levels (earned less than 80 percent of area median income). 2 Housing Problems as defined by HUD are as follows: cost burden greater than 30% of income and /or overcrowding and /or without complete kitchen facilities or plumbing. Newport Beach General Plan Housinq Element 2000 Census data indicated that 412 elderly persons in the City were living below the federally established poverty line. Escalating housing costs, particularly in the rental housing market, severely impact housing affordability for the elderly because many of the elderly live on fixed incomes. Many elderly residents in the City reside in mobile home parks. A number of long -time elderly residents live in older parks developed in the 1950s and 1960s. Others live in mobile home parks close to the bay that cater to the retirement lifestyle. Assistance for low- income elderly is a high priority for the City of Newport Beach. Additionally, there are many social service programs whose clients include the elderly in Orange County. These include the Section 8 "Housing Voucher" programs administered by the Orange County Housing Authority, Meals on Wheels, and various social service programs provided by and through the City's OASIS Senior Center. A more detailed description of these programs is contained in Appendix H2 to this Housing Element. Additionally, the Bayview Landing Senior Affordable Housing Project was constructed in 2004. With the exception of one "managers unit," all of the 120 units are designated for very low— and low - income seniors. This project received $1 million in funds from the City's "in -lieu" housing fund reserves. In addition, the City provided expedited permit processing, partial fee waivers of entitlement fees and substantial entitlement assistance. Large Households Families are defined as groups of persons related by blood, marriage, or adoption. Households represent all persons living together as groups, whether related or not. The City has identified total households and families with five or more persons. Table H32 shows distribution of number of persons per household as indicated in the 2000 U.S. Census and demonstrates the number of large households in the City of Newport Beach comprises only 3 percent of all Newport Beach households. Table Number of Persons per Household Number of Households Owner Renter 1 11,698 4,865 6,801 2 9,883 7,992 5,018 3 4,170 2,351 1,819 4 2,747 2,012 735 5 1,110 899 211 6 279 219 60 7+ 89 70 19 Total Households 47,734 33,071 14,663 SOURCE: 2000 US Census Homelessness Homelessness continues to remain a growing issue in the United States. Factors that contributed to the increase in homelessness include a lack of housing affordable to low and moderate- income Newport Beach General Plan is Housinq Element persons and families, loss of jobs, increases in the number of persons whose incomes fell below the poverty level, reductions in public subsidies to the poor, and de- institutionalization of the mentally ill. Homelessness is a regional problem throughout Southern California. Homeless persons and families exist in every city and populated unincorporated area of Orange County. Due to the lack of accurate data regarding the homeless population, various organizations, institutions, and agencies often generate strikingly different estimates of homeless individuals/ families. On October 15, 2007, the state enacted SB 2, which amends State Housing Element Law. This legislation took effect January 1, 2008, and will apply to the City's Housing Element. This legislation requires local jurisdictions to strengthen provisions for addressing the housing needs of the homeless, including the identification a zone or zones where emergency shelters are allowed as a permitted use without the need for CUP approval. The City also must identify a zone or zones that can accommodate at least one year -round emergency shelter. The Zoning Code Update added emergency shelters as a permitted use without the requirement of a use permit to the Private Institutions (Pl) and Airport- Office (OA) zoning districts. Housing Element law mandates that municipalities address the special needs of homeless persons within their jurisdictional boundaries. "Homelessness" as defined by the U.S. Department of Housing and Urban Development, describes an individual (not imprisoned or otherwise detained) who: 1. Lacks a fixed, regular, and adequate nighttime residence; and 2. Has a primary nighttime residence that is: ► A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); ► An institution that provides a temporary residence for individuals intended to be institutionalized; or ► A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. This definition does not include persons living in substandard housing (unless it has been officially condemned); persons living in overcrowded housing (e.g., doubled up with others), persons being discharged from mental health facilities (unless the person was homeless when entering and is considered to be homeless at discharge), or persons who may be at risk of homelessness (e.g., living temporarily with family or friends.) SB 2 requires an analysis of homeless persons and their families including the average number of persons lacking shelter and, wherever possible, the characteristics of their needs. As local data permits, a description of homeless population that is mentally ill, developmentally disabled, substance abusers, and victims of domestic violence, runaway and other homeless subpopulations should be included. The legislation does not specify how this data is to be collected, only that it should be included if data is available. County Information The County has developed and assists in funding a housing and service delivery system —the Continuum of Care —that responds to the needs of the region's homeless. The Continuum of Care was established through a community -based process to ensure the region's residents and homeless are Newport Beach General Plan M a Housinq Element empowered to effect changes in the existing social services system. The Orange County Community Forum, Orange County Leadership Cabinet, and Orange County Department of Housing and Community Development have shared responsibility for planning and implementing the regional Continuum of Care with the support and participation of all 34 cities within the County, including Newport Beach, as well as homeless service and housing providers, and other community groups. It is estimated that the number of homeless persons in Orange County ranges between 27,732 and 35,065 individuals. According to the Orange County 2007 Homeless Needs Assessment, there were approximately 3,649 unduplicated persons identified in shelters and on the streets of Orange County in January 2007. The Homeless Needs Assessment does not present data by city. Extrapolation of the county data indicates that there are 27,732 incidents of homelessness in Orange County over a 12- month period. The 2007 Point -In -Time Count and Survey and 2007 Homeless Needs Assessment included data collected from shelter service providers and provided a count of the number of chronically homeless (street homeless) individuals that typically do not seek shelter. According to this assessment, the total number of homeless incidents reflected in this data collection process was 35,065.3 Of these persons, 24,545 are persons in families with children and 10,520 are unaccompanied individuals. Further discussion with service providers indicates that of the homeless population in the county, approximately 4,500 have a mental illness.' Orange County has a total homeless shelter bed inventory of 3,400 comprised of 1,512 emergency shelter beds and 1,888 transitional shelter beds. The County also has 1,875 permanent supportive housing facilities for individuals and families with children. According to the 2005 -2010 Orange County Consolidated Plan, there is an unmet homeless housing need of 19,575 beds for homeless individuals and 118,537 beds for families with children. The largest housing gap is for permanent supportive housing. Additionally, there are current unmet needs for individuals in the following categories (expressed as estimated need /current inventory /unmet need [gap]): chronic substance abusers (6,328/1,018/5,310); seriously mentally ill (2,218/51/2,167); veterans (471/0/471); persons with HIV /AIDS (2,029/33/1,996); victims of domestic violence (6,988/375/6,613); and youth (492/79/413). There are homeless who fall into more than one sub - population category and /or not all homeless fall within the federal Department of Housing and Urban Development designated sub - populations listed (e.g., homeless families who are under- employed and unable to afford housing would not be captured under the sub - population categories listed, but would be captured in the total homeless count of 35,065). Leadership and coordination of Orange County's Continuum of Care planning process is the shared responsibility of the Orange County HCS Department, Info Link Orange County, and the OC Partnership. Known as the Community Forum Collaborative (Collaborative), this public- private- nonprofit partnership helps ensure comprehensive, regional coordination of efforts and resources to reduce the number of homeless and persons at risk of homelessness throughout Orange County. The cumulative role of the Collaborative is to act as a regional convener of the year -round CoC planning process and as a catalyst for the involvement of the public and private agencies that make up the regional system of care. 3 Orange County Housing and Community Services Department. County of Orange. February 2008 4 Personal Communication: HOMES Inc., April 1, 2008. Newport Beach General Plan 70 Housinq Element The CoC aims at ending chronic homelessness by 2012 through the following goals: • Expand chronic homeless population served • Expand services and shelter for chronic homeless veterans • Community education and outreach • Implement regional discharge plan Orange County is also involved in developing a strategy to draft and implement a Federal initiative called the 10 Year Plan to End Chronic Homelessness. To assist in this effort, the City of Newport Beach has designated a special representative to act as liaison to the County to help draft the 10 year Plan to End Homelessness in Orange County. This local representative will continue to have active participation in the County's Continuum of Care program. Local Need The regional nature of the homelessness problem and the lack of reliable data for this population makes it challenging for Newport Beach to define and serve its fair share of the homeless population. With a population of 84,000 residents within the County of Orange —a County with 3 million people and thirty -four municipalities — Newport Beach does not control either the movement of homeless people across its boundaries or the county -level resources that are needed to help people leave homelessness. While the County Needs Assessment estimated that there were 35,065 persons homeless in the County, this data did not provide information on homelessness per City. The 2000 U.S. Census did not identify any homeless persons in the City of Newport Beach. However, according to the Newport Beach Police Department, approximately 5 to 15 homeless individuals are visible on a regular basis within the community, particularly around Balboa Peninsula and on Superior Avenue. The majority of this population are single males. Although the Police Department does not keep statistics, they note that there tends to be a higher number of homeless people around the beach areas during the warmer summer months.' OC Partnership works directly with nearly 200 agencies by serving as a liaison between nonprofits, local, state, and federal government agencies and other private and public funding sources. According to the 2007 Orange County Partnership, Client Management System Report, of the 3,187 unduplicated homeless and at -risk clients that have been enrolled in Orange County programs, 17 clients have listed Newport Beach as their last know permanent address.' (Service providers most often utilized "last city of residence" as the means to determine a client's city of residency for reporting purposes). To help ascertain the characteristics of the City's homeless and at -risk population, contact was made with groups that provide assistance to persons in need of emergency shelter and assistance. The agencies that provide housing and other services for the homeless in the region include the Orange County Housing Authority, Serving People In Need (SPIN), Families Forward, Human Options, Colette's Children's Home, and others. Detailed descriptions of services offered by these agencies are contained in Appendix H2 to this element. Services provided to the homeless population in Newport Beach are as follows 5 Sgt. Evan Sailer. Newport Beach Police Department. June2008. 6 Orange County Cent Management Information System Year End Progress Report, OC Partnership, December 2007. Newport Beach General Plan = 71 Housinq Element ■ Serving People In Need (SPIN)'s operates a Substance Abuse Recovery Program (SARP) that provides access to recovery programs to homeless and low income individuals at -risk of becoming homeless. The program includes room and board, counseling, and supplemental services focused on employment, medical assistance, and legal assistance. SPIN serves between 6 and 12 individuals with substance abuse issues each year from Newport Beach. However, the number of homeless individuals with substance abuse issues in Newport Beach is likely to be larger. SPIN representatives indicate approximately 90 percent of homeless individuals have a substance abuse issue either involving alcohol or drugs. In the 2008 -2009 fiscal year, SPIN served 12 low-income Newport Beach residents, most of whom were homeless. • Colette's Children's Home (CCH) provides shelter for homeless women and children throughout Orange County. CCH operates four homes in Orange County including Anaheim, Fountain Valley, and two homes in Huntington Beach. Since 1998, CCH has served over 800 women and children. CCH indicates that approximately 20 requests have originated from women and children in Newport Beach. • Human Options, which provides housing and services for women and children in Orange County that deal with the effects of domestic violence, estimates that of the 2,000 persons per year that receive housing and counseling services, about 40 to 45 are from Newport Beach. Services provided by Human Options include crisis intervention and individual counseling, legal advocacy, personal empowerment programs, and parenting education. According to Human Options, the number of women and children seeking services per year has increased slightly, but that may be due more to the center becoming more well-known and not due to rapid increase in need.' In the 2008 -2009 fiscal year, Human Options accommodated 4 Newport Beach residents at their emergency shelter. • Families Forward, helps families in need achieve and maintain self - sufficiency through food, housing, counseling, education, and other support services. Families Forward Transitional Housing Program is a decentralized, service- enriched transitional housing program for Orange County homeless families with minor -aged children. The program serves homeless families whose last city of residence was within Orange County. For the 2010 -2011 fiscal year, Families Forward expects to serve 135 clients, 14 of which are listed as previously living in Newport Beach. ■ According to the Orange County Department of Education, which collects data on the number of youth and homeless children in Orange County, of the 13,130 homeless children enrolled in public school in Orange County in 2006/07, 107 were enrolled in the Newport -Mesa Unified School District, which serves Newport Beach and Costa Mesa. Discussion with the Newport - Mesa School District indicates that only a small portion of these students are enrolled in Newport Beach schools (fewer than 15 students).' Based on the service records provided by agencies that provide housing and other services for the homeless in Newport Beach, and conversations with Newport Beach Police Department and 7 Human Options, Personal Communication. April 2008. 8 In 2004 /03 the School District used a much broader spectrum of counting homeless children and youth and included students living in shelters, on the street, in motels and those that are doubled -up and tripled -up (living in overcrowded conditions). Since 2005, the School District does not count doubled -up and tripled -up children living in households since this is more of an indicator of overcrowded living conditions and, in some cases, is a cultural phenomenon. Since 2005, the District enumerates homeless children /youth as those that are living on the street, within shelters and within motels.. Newport Beach General Plan 72 Housinq Element Newport -Mesa School District, an annual estimate of 80 homeless persons from Newport Beach utilize emergency shelters or services over the course of one year. It should be noted that this is a conservative estimate in that a number of the individuals may be receiving assistance from multiple service providers, and therefore, may be counted more than once. Conversations with local service providers also indicate that, while the number of homeless in the City is difficult to quantify, there is a growing number of "at- risk" individuals that are having trouble meeting rising rental and mortgage prices. These persons are not visibly homeless but have difficulty finding and affording housing in Newport Beach. These include senior households that require help with one -time rental assistance or singles and families that live within the City. Due to the recent downturn in the mortgage and building industry, there are a growing number of individuals who have lost their jobs or have had a reduction in employment hours and have difficulty making their mortgage payments and other bills. These individuals often request financial or service assistance. 910 The City's strategy to address homelessness in Newport Beach is to adopt the regional homeless priorities and strategies, listed herein, as its own. The City will continue to work with the area's Continuum of Care (CoC) providers to address the CoC priorities and goals and will continue to have an active participation in the County's Continuum of Care program. In addition, the City continues to utilize CDBG funds to support local and regional homeless and at- risk homeless providers (Appendix H2). No emergency shelters or transitional homeless facilities are located within the community. However, a number of homeless facilities are located in nearby communities. These facilities are listed also within Appendix H2. Pursuant to S132 requirements, the Zoning Code update added emergency shelters as a permitted use without the requirement of a use permit approval to the PI and OA zoning districts. Farm Workers The special housing needs of farm workers result from low wages and the seasonal nature of their employment. The 2000 Census of Population and Housing estimated farm workers comprised less than 0.2 percent (approx. 140) of the population in Newport Beach and approximately 1 percent of the County population. Therefore, demand for housing generated by farm workers in the City was nominal and could be addressed adequately by overall housing affordability programs in the City and the County. This remains the case in the City of Newport Beach. HOUSING NEEDS 2006 -2014 RHNA Allocation In accordance with State Housing Element law, the Southern California Association of Governments (SCAN) has prepared a Regional Housing Needs Assessment (RHNA) to identify the housing need for each jurisdiction within the SCAG region. This assessment was prepared for the 2006 -2014 period. The RHNA allocates Newport Beach's share of housing units required to satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region, SCAG estimates the City needs to target its housing unit production to accommodate 1,769 new e Serving People in Need (SPIN). Personal Communication. April 2008. 10 Families Forward: Transitional Housing Program. Personal Communication. April 2008. Newport Beach General Plan W 73 Housinq Element housing units. State law requires SCAG to distribute new units on the basis of income to avoid further impaction of localities with relatively high proportions of low- income households. Table H33 indicates future need for housing in Newport Beach for the 2006 -2014 planning period and its distribution by income group as calculated by the RHNA. The "special needs" population in Newport Beach most numerous and in need of affordable housing is senior citizens (age 65 and older). Above 389 319 359 702 1,769 22% 18% 20% 40% 100% SOURCE: Southem Califomia Association of Govemments, 2007 Unaccommodated Need from 2000 -2005 RHNA Allocation The City's 2000 -2005 Housing Element was conditionally certified by HCD in 2003 and in 2005. HCD's finding of compliance was contingent on the City's development of affordable units on the Bayview Landing site, rezoning the Avocado /MacArthur site, and continuing to encourage and facilitate development on the Banning Ranch site. On December 7, 2004, building permits were issued for the Bayview Landing project, producing 119 units for lower- income senior households in the City. On July 25, 2006, the City adopted the comprehensive update to the General Plan. The new General Plan created significant new opportunities for future housing development through the re- designation of some existing commercial, office and industrial areas for residential or mixed residential /commercial uses. These key areas included the Airport Area and Newport Center, as well as infill opportunities in West Newport Mesa, Mariner's Mile, and the Balboa Peninsula areas. These areas provide the opportunity for up to 4,751 new housing units; a considerably larger capacity for new housing than was previously identified in the City's prior General Plan or within the 2000 -2005 Housing Element. As part of the General Plan update, an updated Housing Element was adopted to reflect the new land use changes and updated demographics. This updated Housing Element was submitted to HCD and reviewed under the State housing element law requirements that were amended under AB 2348 (Mullin) in September of 2004 which required additional land inventory details and greater residential development certainty. Based on the revised housing element law requirements, HCD found the City's Housing Element to be out of compliance on the basis that it did not provide the necessary information and analysis to determine which specific sites are suitable and available to accommodate the City's remaining housing need. Since the adopted Newport Beach Housing Element was found out of compliance by HCD, the City is required to carry over the unaccommodated portion of the RHNA allocation from the prior planning period pursuant to Government Code Section 65584.09. Table H34 provides a summary of the unaccommodated housing need from the 2000 -2005 planning period. Newport Beach General Plan 74 Housinq Element Table H34 Total Unaccommodated Need Very Low Low by Income, Moderate 2000-2005 Above Moderate RHNA (2005 -2005) 86 53 83 254 Units Constructed (24) (95) 0 (1637) Remaining Need 62 0 83 0 Total Remaining Need 145 SOURCE. City of Newport Beach, 2010 Total 2006 -2014 Newport Beach Housing Need Combining the unaccommodated portion of the 2000 -2005 RHNA allocation with City's 2006 -2014 RHNA allocation results in a total housing need of 1,914 dwellings, including 770 dwelling units affordable to lower- income households. Table H35 indicates the total future need for housing in Newport Beach that needs to be accommodated during the 2006 -2014 planning period and its distribution by income group as calculated by the RHNA. Very Low Low Moderate Above Moderate Total 451 319 442 702 1,914 24% 17% 23% 36% 100% SOURCE: Clty of Newport Beach, 2010 Newport Beach General Plan Housing Element INVENTORY OF LAND SUITABLE FOR RESIDENTIAL DEVELOPMENT In 2006, the City completed a comprehensive update of its General Plan including an update of the Land Use Element. The General Plan recognizes that most of the City will be conserved with its existing patterns of uses and establishes policies for their protection and long -term maintenance. However, the General Plan identifies several areas where land use changes may be anticipated over the next 20 years, including new residential opportunities. Other than Banning Ranch, this would occur within existing developed areas of the City as infill and replacement of previously permitted retail and office development capacity. These sites can realistically provide an attainable opportunity to create approximately 4,612 new housing units in the community, (up to 3,237units excluding the Banning Ranch area). In accordance with Government Code Section 65583(a)(3) and 65583.2, the following section of the Housing Element provides an inventory and description of land determined suitable for residential development that can realistically be developed within the planning period. A detailed, parcel- specific analysis, inventory, and maps of available and suitable sites (Sites Analysis and Inventory) have been prepared and are included as Appendix H4. The Sites Analysis and Inventory is organized by the key opportunity areas within City (he Banning Ranch, Corona del Mar, West Newport Mesa, Mariner's Mile, Balboa Peninsula, Dover Dr. /Westcliff Dr., Newport Center, and the Balboa Peninsula Airport Area). The Sites Analysis and Inventory demonstrates the sites are currently available and unconstrained so as to provide realistic housing opportunities prior to June 30, 2014 (the end of the planning period). A methodology describing the site selection process and calculations of achievable and realistic densities is included within the Sites Analysis and Inventory. To demonstrate the realistic development viability of the sites, the analysis also discusses: (1) whether appropriate zoning is in place; (2) the applicable development limits /densities and their impact on projected development capacity and affordability; (3) existing constraints including any known environmental issues; and (4) the availability of existing and planned public service capacity levels. Since a limited amount of vacant land remains in the community, future housing development would primarily be achieved through infill and reuse of sites with existing, underdeveloped or underutilized land uses. Table H36 summarizes the total residential development capacities identified in Sites Analysis and Inventory for each of the potential housing opportunity areas in the City. A general description and maps of each of the housing opportunity areas follows the table. Newport Beach General Plan 7c, General Plan Areas Realistic Dwelling Unit VACANT Housinq Element or Development Limit Banning Ranch RV and OS Planned Community (PC) 1,375 Maximum development limit of 1,375 du. Corona del RM RM 7 Development limit of 8 du permitted Mar San Miguel RM Planned Community (PC) 4 Development limit of 10 du permitted INFILLIMIXED -USE 30 du /ac minimum and 50 du /ac maximum, ** John Wayne Airport Area MU -H2 Planned Community (PC) 2061 Development limit of 2,200 du permitted as replacement of existing uses (550 du permitted as infill) Newport Center MU -113 and RM Planned Community (PC) 529 Development limit of 529 du permitted as infill MU -W -1: ■ Mixed -Use FAR: 1.0 , with 0.5 for residential Mariners' MU -Wt and MU -W1 and MU -MM 236 ■ Multi - Family Residential: 12 du /acre (50% of site) Mile MU -H1 MU -MM: ■ Mixed -Use: FAR 1.5, with 1.0 for residential West Newport RM RM 132 18 du /ac Mesa Dover Westcliff Dr. iff MU -H1 MU -DW 89 MU -DW: FAR 1.5, with 1.0 for residential Balboa Peninsula Area 179 Lido Marina MU -W2 and MU -W2: FAR 1.5 , with 0.8 for residential Village RM (20 /ac) MU -W2 and (RM 2178) 70 RM (20 du /acre) MU- CV /15m St.: Cannery MU -H4 MU-CV/15t St. and MU- ■ Mixed -Use: FAR 1.5, with 1.0 for residential Village MU -W2 W2 56 ■ Multi - Family: 20.1 to 26.7 du /net acre MU -W2: ■ Mixed -Use: FAR 1.25, with 0.75 for residential Balboa MU -V MU -V 14 MU -V: FAR 1.5, with 1.0 for residential Village McFadden Square MU -W2 MU -W2 39 MU -W2: FAR: 1.25, with 0.75 for residential Total 4,612 SOURCE: City of Newport Beach Planning Division, General Plan, and Sites Analysis and Inventory MU -H1 = Mixed- Use(MU) - Horizontal 1 MU -W1, MU -W2 = MU - Water 1, 2 MU -V = MU- Vertical MU -H2 = MU - Horizontal 2 MU -MM, MU -DW = MU - Mariners Mile, MU- RM = Multiple - Family Residential MU -H3 = MU - Horizontal 3 Dover Westcliff RV = Residential Village, OS =Open Space MU-H4 = MU - Horizontal 4 MU- CV /15m St. = MU- Cannery Village/1S^ St. PC = Planned Community * Capacities reflect potential net increase in dwelling units above existing uses. As explained in detail within the Sites Analysis and Inventory, realistic capacities were based on average densities of actual constructed, permitted, or proposed projects within the City and accurately reflect achievable housing units. For example, although mixed -use designations permit densities of up to 26.7 du /ac, realistic capacities were calculated using 16 du /ac, based on actual mixed -use projects constructed within the City. ** Pursuant to Government Code Section 65583.2, a minimum density of 30 du /ac shall be deemed appropriate to accommodate housing for lower - income households for urbanized areas. Newport Beach General Plan M �7 Housing Element Vacant Sites Banning Ranch Located within the City's Sphere of Influence in the western -most portion of the Newport Beach Planning Area, the Banning Ranch area encompasses approximately 518 acres, of which 465 acres (including 47 acres of water features) are under the jurisdiction of Orange County and 53 acres are within the jurisdiction of the City of Newport Beach. The site is located within the coastal zone boundary and is subject to the provisions of the Orange County Local Coastal Program (LCP). However, the site is referred to as a "white hole," because neither the City's nor the County's LCP provides land use designations for the Banning Ranch area (Figure HI). The Land Use Element prioritizes the retention of the Banning Ranch property as open space, consolidating existing oil operations, restored upland wetlands and habitat, and a community park. However, due to the significant cost of purchasing the site and habitat restoration, a large amount of revenue would need to be generated to help fund preservation of the majority of the property as open space. Should the property not be acquired for open space, the Land Use Element considers the possible development of a mixed- density residential village that would include open space, convenience commercial, and small hotel uses. The Land Use Element designates the Banning Ranch Area as Open Space (OS) and Residential Village (RV). This designation provides for the development of a planned residential community that integrates up to 1,375 single - family detached, single - family attached, two family, and /or multi- family residential units with supporting schools, parks, community services, local- serving convenience commercial uses and services, and open spaces. The Banning Ranch Landowner's /Master Developer's are currently processing a Planned Community Development Plan (Newport Banning Ranch PC) with the City to implement the RV land use designation and level of development set forth in the General Plan. The PC will provide zoning regulations for those portions of the property within the City of Newport Beach and serve as pre - annexation zoning for those portions under the jurisdiction of the County of Orange. In addition to the development plan, an environmental impact report (EIR) is currently under preparation. The City anticipates review, and possibly certification, of the FIR and adoption of the development plan to occur by the end of 2011. However, since the project is located within the Coastal Zone, the project will require review by the California Coastal Commission, which is expected to take until 2013. Corona del Mar The Corona del Mar corridor extends along Coast Highway between Avocado Avenue and Hazel Drive. It is developed with commercial uses and specialty shops that primarily serve adjoining residential neighborhoods. Among the area's primary uses are restaurants, home furnishing stores, and miscellaneous apparel and professional offices. Almost half of the commercial uses are located in multi- tenant buildings with retail on the ground floor and office uses above. Other uses include the Sherman Library and Gardens, a research library and botanical garden open to the public, and an assisted -living residential complex. Within the corridor, the General Plan land use designations include Corridor Commercial (CC) with an FAR of 0.75 and Multiple Residential (RM). Per the Land Use Element up to 8 dwelling units may be accommodated on the two adjoining RM parcels that are currently occupied by a dirt parking lot (Figure 112). The City is currently processing an application for a proposal to develop a seven -unit condominium project on this site. Newport Beach General Plan W Housinq Element San Miguel This property is 0.75 acres near the intersection of San Joaquin Hills Road and San Miguel Road. The property was formally utilized by a child care facility, which was demolished several years ago. The General Plan designates the site for Multi- Family Residential (RM) use with a maximum development limit of 10 dwelling units (Figure 143). On September of 2010, the City approved a tentative tract map allowing for the development of the site with four single - family residential dwellings. Infill /Reuse Opportunity Areas West Newport Mesa The West Newport Mesa area contains a mixture of residential, office, commercial, industrial, and public uses. It is immediately abutted by Hoag Hospital, a major employment center. The General Plan identifies the opportunity to develop new, complementary uses such as residential, medical offices and other facilities supporting Hoag Hospital. In addition, providing well- planned residential neighborhoods will enable residents to live close to their jobs and reduce commutes to outlying areas. Residential uses within this area are permitted under the Multiple Family Residential land use designation at up to 18 dwelling units per acre, including several new opportunity sites that were previously designated for office and industrial uses (Figure 144). Based on the Sites Analysis and Inventory, approximately 132 new residential units could realistically be developed as new and replacement housing. Mariners' Mile Mariners' Mile is a heavily traveled segment of Coast Highway extending from the Arches Bridge on the west to Dover Drive on the east. It is developed with a mix of highway- oriented retail and marine related commercial uses. The latter are primarily concentrated on bay - fronting properties and include boat sales and storage, sailing schools, marinas, visitor- serving restaurants, and comparable uses. The General Plan identifies Mariners' Mile as a location appropriate for mixed -use development integrating residential and commercial or office space. Land use designations for Mariners' Mile include Mixed -Use Water 1 (MU -W1), Mixed -Use Horizontal l (MU -H1) and General Commercial (CG) (Figure H5). On the inland side of Coast Highway, land is designated as Mixed -Use Horizontal 1 (MU -H1), and General Commercial (CG -0.3 and CG -0.5) to accommodate a mix of visitor and local- serving retail commercial, residential, and public uses. Coast Highway frontages shall be developed for marine - related and highway- oriented general commercial uses, and 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. The floor area ratio of mixed -use buildings is 1.5 with a maximum commercial floor area to land ratio of 0.5 and a maximum of 1.0 for residential uses. Bayfronting properties along Mariners' Mile ate designated MU -W1 which permits the inter- mixing of marine- related and residential uses. Permitted uses include multi- family residential, mixed -use, and commercial activities. Residential uses are permitted on parcels with a minimum frontage of 200 lineal feet where a minimum of 50 percent of the permitted square footage shall be devoted to nonresidential uses. The floor area ratio of mixed -use buildings is 1.0. Multi- family residential Newport Beach General Plan M S Housing Element densities are 12 units per adjusted gross acre, with the number of units calculated on a maximum of 50 percent of the property. Based on the residential capacities calculated within the Sites Inventory Analysis, approximately 236 new residential units could realistically be developed in Mariner's Mile as new and replacement housing. Balboa Peninsula Area The Balboa Peninsula area is comprised of a series of coastal districts linked by the Newport Boulevard /Balboa Boulevard commercial and residential corridor. These include Lido Village, Cannery Village, McFadden Square, and Balboa Village. The General Plan identifies the potential for new mixed -use development within these areas (Figure H6 and Figure 147. Cannery Village Cannery Village is the historic center of the City's commercial fishing and boating industry and contains a mix of small shops, art galleries, professional offices, and service establishments. Recent redevelopment activity within this area has been composed of new residential and mixed -use development such as Cannery Lofts, a 22 -unit live /work project. All of these units were market-rate, loft -style ownership units. Older developments include some single - family residential units combined with commercial uses on single lots. The updated Land Use Element designates the Cannery Village Area as Mixed -Use Horizontal 4 (MU -H4) and Mixed -Use Water 2 (MU -W2). The intent of the MU- H4 land use category is to create a distinct district or neighborhood containing multi- family homes with clusters of mixed -use and /or commercial buildings at intersections. Mixed -use buildings are permissible throughout the area. Density ranges for multi - family residential uses are 20.1 to 26.7 units per net acre. Mixed -use parcels have a maximum floor area ratio of 1.5 with a maximum floor area to land area ratio of 0.5 for commercial and maximum of 1.0 for residential uses. The MU -W2 designation applies to waterfront parcels within Cannery Village. Permitted uses include mixed -use structures that vertically integrate housing within retail uses, where the ground floor shall be restricted to retail and other pedestrian -active uses along the street frontage and /or the upper floors used for residential units or nonresidential uses including retail and office. Mixed -use parcels have a maximum floor area ratio of 1.25 with a maximum floor area to land ratio of 0.35 for commercial and a maximum of 0.75 for residential purposes. The average size of parcels designated as MU -W2 and MU -H4 in Cannery Village 0.08 acre or 3,840 square feet. Based on the residential capacities calculated within the Sites Analysis and Inventory, approximately 56 new residential units could realistically be developed in Cannery Village as new and replacement housing. Lido Village Lido Village is primarily developed with commercial uses including a grocery store, restaurants, salons, home furnishings, apparel, and other specialty shops. It also includes Lido Marina Village, a pedestrian- oriented waterfront development that includes visitor- serving commercial uses, specialty stores, and marine uses. The guiding General Plan goal for Lido Village is to create a mixture of land uses within a pedestrian- oriented village environment. To facilitate these uses, a portion of the Lido Village General Plan subarea has been designated as Mixed -Use Water 2 (MU -W2) and Multiple Residential (RM(20 /ac)). The MU -W2 designation applies to waterfront parcels. Permitted uses Newport Beach General Plan I Housinq Element include mixed -use structures that vertically integrate housing with retail uses, where the ground floor shall be restricted to retail and other pedestrian- active uses along the street frontage and /or the upper floors used for residential units or nonresidential uses including retail and office. Mixed -use parcels within the Lido Village area have a maximum floor area ratio of 1.5 with a maximum commercial floor area of 0.7 and a maximum of 0.8 for residential purposes. This translates to a maximum density of 26.7 dwelling units per acre for mixed -use projects. The RM(20 /ac) designation is intended to provide multi- family residential development containing attached or detached dwelling units up to 20 dwelling units per acre (Figure 147). Based on the residential capacities calculated within the Sites Analysis and Inventory, approximately 70 new residential units could realistically be developed in Lido Village as new and replacement housing. McFadden Square McFadden Square surrounds the Newport Pier and extends between the ocean front and harbor. Commercial land uses are largely concentrated in the strips along Balboa and Newport Boulevards, with residential along the ocean front and marine - related uses fronting the harbor. Numerous visitor - serving uses include restaurants, beach hotels, tourist - oriented shops (t -shirt shops, bike rentals, and surf shops), as well as service operations and facilities that serve the Peninsula. Historically, the area has been known for its marine - related industries such as shipbuilding and repair facilities and boat storage on the harbor. Much of the McFadden Square area is pedestrian - oriented, with storefronts facing the street, the presence of signage at a pedestrian scale, and outdoor furniture, providing a pleasant environment for visitors. The Land Use Flement identifies a portion of McFadden Square as Mixed -Use Water 2 (MU -W2). This designation is applied to waterfront locations in which marine - related uses may be intermixed with mixed -use buildings that integrate housing with ground level retail. The floor area ratio for mixed -use buildings is 1.25, with a minimum floor area ratio of 0.35 and maximum of 0.75 for residential uses. Based on the residential capacities calculated within the Sites Analysis and Inventory, approximately 39 new residential units could realistically be developed in McFadden Square as new and replacement housing. Balboa Village Balboa Village has served as the center for recreational and social activities on the Peninsula. Many of the existing land uses include retail uses and are visitor - oriented and seasonal in nature. The Balboa Village core is surrounded by residences, with isolated pockets of commercial uses scattered along Balboa Boulevard. Balboa Village and the greater Peninsula have experienced a transition to year - round residential occupancy while the visitor- serving uses have continued. The General Plan calls for a portion of the Village Core area to be designated as Mixed -Use Vertical (MU -V) which provides for the development of mixed -use structures that vertically integrate retail commercial, and office or related functions on the ground floor and the upper floors used for residential units. Non - residential uses are also permitted including office and commercial activities. The floor area ratio for mixed -use buildings is 1.5; with a floor area ratio of 0.35 to 0.5 for commercial and maximum of 1.0 for residential uses. The average size of parcels designated as MU -V in Balboa Village 0.10 acre or 4,356 square feet. Newport Beach General Plan = 21 Housinq Element Based on the residential capacities calculated within the Sites Analysis and Inventory, approximately 14 new residential units could realistically be developed in Balboa Village as new and replacement housing. Dover Drive /Westcliff Drive The General Plan identifies several properties located at the southwest corner of the intersection of Dover Drive and Westcliff Drive as a location appropriate for mixed -use development where residential is integrated with retail or office uses on the ground floor (Figure H8). The land use designation for this area is Mixed -Use Horizontal 1 (MU -H1). The MU -H1 designation provides for the horizontal intermixing of uses, including the development of free - standing multi- family residential units. These properties were previously designated for administrative and professional office use and are currently developed as such, with the exception of one property that is currently developed with a church. The floor area ratio of mixed -use buildings is 1.5 with a maximum commercial floor area to land ratio of 0.5 and a maximum of 1.0 for residential uses. Based on the Sites Analysis and Inventory, approximately 89 new residential units could realistically be developed as new and replacement housing. Newport Center Newport Center is a regional center of business and commerce that includes major retail, professional office, entertainment, recreation, and housing in a master planned mixed -use development. Fashion Island, a regional shopping center, forms the nucleus of Newport Center (Figure H9). The General Plan identifies the goal of creating a successful mixed -use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub - region, with expanded opportunities for residential development. The Land Use Element creates a new residential land use designation of Mixed -Use Horizontal 3 (MU -H3) on the northern portion of the subarea. The MU -H designation provides for the horizontal intermixing of regional commercial office, hotel, multi- family residential, and ancillary commercial uses. Up to 450 new higher- density multi- family housing units are accommodated in this area. The Irvine Company (TIC) is the main land owner /developer in the Newport Center area. A Planned Community Development Plan (North Newport Center PC) for TIC owned property within the Newport Center area was approved in December 2007. The North Newport Center PC area comprises approximately 158.4 acres along San Joaquin Hills Road and Newport Center Drive, and consists of seven sub - areas. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan, including the development of 430 of the permitted 450 mixed -use units (within Block 500, 600 and San Joaquin Plaza). The development plan and accompanying text sets forth the property development standards that govern development within the PC area. These standards include requirements for site coverage, building heights, setback line designations, off - street parking, vehicular access, signage, fighting, storage, screening and landscaping. To facilitate the development of the housing and provide considerable flexibility, maximum building height is set at 65 feet and 295 feet (depending on sub -area location) and no maximum density limit was established, but rather maximum development limit of 430 dwelling units was set. Newport Beach General Plan a Housinq Element As Illustrated within the Sites Analysis and Inventory and maps, seven properties are eligible to utilize the remaining 20 mixed -use dwelling units available for development within the Newport Center area. One of these property owners currently has a pending application with the City to develop six of the remaining units, resulting in 14 mixed -use dwelling units unaccounted for and available for development. In addition to the 450 mixed -use infill units available for development with the MU -143 designated properties in Newport Center, the General Plan includes a development opportunity for 79 multi- family residential (RM) dwelling units. A 79 unit condominium project (Santa Barbara Condominiums) was approved by the City in 2006 and the California Coastal Commission in 2007; however, the project has yet to be constructed. Based on the residential capacities calculated within the Sites Analysis and Inventory, approximately 529 new residential units could realistically be developed in Newport Center as new housing. John Wayne Airport Area The Airport Area encompasses the properties abutting and east of John Wayne Airport OWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine (Figure H10). Existing uses include research and development, office, high technology, industrial and commercial uses. Development in the Airport Area is restricted due to the noise impacts of JWA. Much of the southwestern portion of the area is located in the JWA Airport Environs Land Use Plan (AELUP) 65 dBA CNEL, which is unsuitable for residential and other "noise- sensitive" uses. Additionally, building heights are restricted for aviation safety. The General Plan provides for the maintenance and limited expansion of the currently developed mix of uses. Additionally, it identifies this Area as one of the greatest opportunities in the community to create new residential neighborhoods including workforce housing, through the replacement of existing uses and new construction on underutilized surface parking lots. The housing capacity for the John Wayne Airport planning area was determined by the maximum permissible new automobile trips that could be generated for the statistical area in which it is located (Figure LU3 statistical area L4), in compliance with City Charter Section 423 and Measure S. Land Use Element Policy LU 6.15.5 allocates a maximum of 2,200 housing units in areas designated as Mixed -Use Horizontal 2 (MU -112) on the General Plan land use diagram (Figure H1 and Figure H2). The MU -142 designation provides for the horizontal intermixing of uses, including the development of free- standing multi-family residential units. Housing and mixed -use areas are not located within areas exposed to noise levels of 65 dBA CNEL and higher. All of the units may be developed as replacement of existing uses, while a maximum of 550 of the total may be developed as infill on existing surface parking lots with the latter replaced in parking structures. Land Use Element Policy LU 6.15.7 stipulates that residential units be developed at a maximum density of 50 units per acre and minimum density of 30 units per acre. The MU -H2 district contains approximately 207 acres, which, if fully redeveloped, would yield 6,210 to 10,350 units and would considerably exceed the limits imposed by Policy LU 6.15.5. Conversion of the entire area designated for housing is unlikely due to the presence of existing viable office, industrial, and retail uses. For the purposes of determining a realistic level of potential development, the Sites Inventory and Analysis evaluates existing uses to determine which of those properties are underutilized and may be subject to conversion. Additionally, the owners of a number of properties approached the City and expressed Newport Beach General Plan 0 Housinq Element interest in redeveloping these sites for housing. Based on these analyses and input, areas considered highly suitable for change are depicted on Figure H11, which depicts a series of clustered residential "villages." Potential housing units include a mix of building types ranging from townhomes to high - rises to accommodate a variety of household types and incomes. Based on the residential capacities calculated within the Sites Analysis and Inventory, approximately 2,061new residential units could realistically be developed in the Airport Area as new and replacement housing at the minimum required density of 30 units per acre. Conclusion As demonstrated in Table H36, the City has sufficient sites to accommodate the combination of the City's previously unaccommodated portion of the 2000 -2005 RHNA allocation and the City's the 2006 -2014 RHNA allocation. These sites realistically provide the opportunity to create approximately 4,612 new housing units in the community, (up to 3,237 units excluding the Banning Ranch area), significantly exceeding the combined future housing need of 1,914 dwellings. In addition, all of the new residential units will be subject to the provisions of the City's inclusionary housing program, ensuring that a portion of these units are ultimately developed for affordable housing. In addition to providing sites to accommodate RHNA, the City's goal over the planning period is for an average of 15 percent of all new housing units to be affordable to very low —, low -, and moderate - income households. The City of Newport Beach is not a residential developer and, therefore, must rely on private developers or organizations that have the capacity to develop, acquire, and manage affordable housing developments. Given the allowed densities of between 30 and 50 dwelling units per acre, the John Wayne Airport Area has the greatest potential to accommodate development for the City's lower - income housing need of 770 dwelling units. Newport Beach General Plan Figure _H01_Banning_Ranch.mxd August /2010 CITY of NEWPORT BEACH GENERALPLAN Figure H1 BANNING RANCH City Boundary QLand Use Element 0 Sub -Area Land Uses Housing O000rtunties OS(RV) - Open Space/ Residential Village Other Land Use PF - Public Facilities *Development Footrpint to be determined by State and Federal Permitting Agencies seem 0 250 500 1,000 Source: Cit, of Newport Bead and PROJECTNUMBERt 10579 -01 Data Housinq Element Pg 2- 8.5x11 blank Newport Beach General Plan CITY of NEWPORT BEACH GENERALPLAN Figure H2 CORONA DEL MAR QLand Use Element Sub - Area Land Uses Housing O000rtunties - RM - Multi -Unit Residential Other Land Uses CC - Corridor Commercial PI - Private Institutions PF - Public Facilities Figure _H02_Corona_del_Mar.mxd August/2010 Feet 0 500 1,000 S d,e: 01, of Newpart dean and PROJECT NUMBER: 10579 -01 Bale: 0 Housinq Element Pg 2- 8.5x11 blank Newport Beach General Plan OG Figure _H03_ San _Miguel.mxd August /2010 CITY of NEWPORT BEACH GENERALPLAN FIGURE H3 SAN MIGUEL Land Uses Housing Onoortunties RM - Multi -Unit Residential r �jj Feet 0 250 500 S rce: CA, of Newport Seam and PROJECT NUMBER: 10579 -01 Oaw Housinq Element Pg 2- 8.5x11 blank MINewport Beach General Plan 90 Figure _H04_West_Newport.mxd August/2010 CITY of NEWPORT BEACH GENERALPLAN Figure H4 WEST NEWPORT MESA City Boundary Land Use Element Sub -Area Land Uses Housing Opportunities RM - Multi -Unit Residential Other Land Uses CG- General Commercial CN - Neighborhood Commercial CO -M - Medical Office IG - Industrial PI - Private Institutions PF - Public Facilities Refer to Table LU2 EP �Feef 0 250 00 Source: C6y W Naw,ft Beach aM PROJECTNUMBERt 10579 -01 Bare: ,J 91 Housinq Element Pg 2- 8.5x11 blank Newport Beach General Plan CITY of NEWPORT BEACH GENERALPLAN Figure H5 MARINER'S MILE City Boundary ®Land Use Element Sub -Area Land Uses Housing Opportunities MU -H1 - Miced -Use Horizontal MU-WI - Maed -Use Water Related Other Land Uses CG - General Commercial CV - Visitor Serving Commercial PF - Public Facilities • Refer to Table 1U2 s Peel a 250 WO 1,000 Source: Q6 of Naw,ft Bead and PROJECTMIMBERt 10579 -01 Bare: r 93 Housinq Element Pg 2- 8.5x11 blank MINewport Beach General Plan 94 CHANNEL map N' Figure _H06_ Balboa _Peninsulamd August/2010 TURNING RM 20 /AC �CM,n 0.3 � ,c- I DITY of NEWPORT BEACH GENERALPLAN Figure H6 BALBOA PENINSULA LIDO VILLAGE/ CANNERY VILLAGE/ Land Use Element 0 Sub -Area Land Uses Housing Opportunities MU -H4 - Mixed -Use Horizontal MU -W2 - Mixed -Use Water Related RM - Residential Multi -Unit Other Land Uses CC- Corridor Commercial CN- Neighborhood Commercial CV- Visitor Serving Commercia CG - General Commercial CM - Recreational and Marine Commercial PI - Private Institutions PF - Public Facilities Feet Source: Ciaor Newwn Beach sm EIFAaaaaataa PROJECTNBMBER: 1057M1 Bate: 9,5 Housinq Element Pg 2- 8.5x11 blank Newport Beach General Plan q CITY of NEWPORT BEACH GENERALPLAN Figure H7 BALBOA VILLAGE OLand Use Element Sub -Area Land Uses Housino O000rtunities MU -V - - Mixed -Use Vertical RT- - Two -Unit Residential Other Land Use CV- - Visitor Serving Commercial PI - - Private Institutions u ❑ Feel 0 "1 250 SouR.e: Qty M Newport B .O and EIPHSaocla[es PROdECTRUMBER: 10579 -01 Date: F i 9� Housinq Element Pg 2- 8.5x11 blank Newport Beach General Plan 9G CITY of NEWPORT BEACH GENERALPLAN Figure H8 DOVER/ WESTCLIFF DR Legend City Boundary Land Use Housing Opportunities MU -H1 - Mixed -Use Horizontal r � a I O Pee 0 250 500 Source: CRy of Newport Beach and EIPAssocate PROJECTNUMBERt 10579 -01 Bate: 6 99 Housinq Element Pg 2- 8.5x11 blank Newport Beach General Plan 100 RM _ 228 du 0 �M Hk— LI II C PR PF MU -H3 P RM °245 du CO -R \ 0 \CO-© 0 V ©U -H3 \, / CO -R MU -H3 0 � 0 nc/ � PF ( J t i� CITY of NEWPORT BEACH GENERALPLAN Figure H9 NEWPORT CENTER/ FASHION ISLAND Qlend use Purnell SUb Nrm Lana Ueas Hoialno OOOonumme MU -H3 - Mired Use Horkan ai _ RM - Multi -Unit Residentral Olber Lam Us- = CC. Ci Commerce] M Cv- visitor Serving Commerce] _ CR- Regional Commercial - CaG- cenarel ORca - ClUM -Mail Office _ COR- Regional Canoe - PI- P-.. Institutions PF. Public Fr ities OS - Open Spa. - PR- PaM1S and Recreation • Real to Table LU2 O Fea o zso wo 1.00a Souk'. C4 or Newport dean and EIPFssodatea PROJECTNUMSER: 10599 -01 Date: 202 Housinq Element Pg 2- 8.5x11 blank ®Newport Beach General Plan 102 CITY of NEWPORT BEACH GENERALPLAN FIGURE H10 AIRPORT AREA City Boundary QLand Use Element Sub -Area Conceptual mDevelgpmenl Plan Area 55 CNEL Noise Contour Land Use Housing Opportunities = MU -H2 - Mixed Use Horizontal Other Land Use - CG - General Commercial - AO - Airport Office _ CO- G - General Office PF - Public Facilities • Referto Table LU2 4, Souk'. Clty of N.11t Bea. arx! LIP OSeowates PROJECTNOM9ER: 10599 -01 Date: 091141W 0 103 OFee 0 250 500 1000 Souk'. Clty of N.11t Bea. arx! LIP OSeowates PROJECTNOM9ER: 10599 -01 Date: 091141W 0 103 Housinq Element Pg 2- 8.5x11 blank Newport Beach General Plan 104 • • • 1 • • 1 I I s Figure _ H11_ Airport _Area _Concept _Diagram.mxd July /2007 A of NEWPORT BEACH GENERALPLAN Figure H11 RPORT AREA RESIDENTb VILLAGES ILLUSTRATIVE CONCEPT DIAGRAM OPPORTUNITYSITES PROPOSED OPEN SPACES IMPROVED RESIDENTIAL STREETS PROPOSED RESIDENTIAL STREETS PROPOSED PEDESTRIAN WAYS .... 65 CNEL NOISE CONTOUR' CONCEPTUAL PLAN REQUIRED -The 65 CNEL Noise Contour is sham for illustrative purposes only. F. Sauna: ROMA Deagn Gmup PROJECTNDMDER: 1057"1 Date: 08 /031M Ell 1 9 Housinq Element Pg 2- 8.5x11 blank Newport Beach General Plan 1^ C- Housinq Element SITES TO ACCOMMODATE THE RHNA FOR LOWER- INCOME HOUSEHOLDS The combination of the City's previously unaccommodated portion of the 2000 -2005 RHNA allocation and the City's 2006 -2014 RHNA allocation results in a total lower- income housing need of 770 dwelling units. Given the allowed densities of between 30 and 50 dwelling units per acre, the John Wayne Airport Area has the greatest potential to accommodate the City's need for lower- income households. Pursuant to Government Code Section 65583.2, a minimum density of 30 du /ac shall be deemed appropriate to accommodate housing for lower- income households for urbanized areas. In addition to the information provided within the Sites Analysis and Inventory, this section of the Housing Element analyzes how the existing uses, land -use regulations, and parcel sizes impact the viability of this strategy to accommodate the RHNA for lower - income households within the planning period. Non - Vacant Sites The General Plan provides for the maintenance and limited expansion of the currently developed mix of research and development, office, high technology, industrial and commercial uses with the Airport Area; however, the General Plan also identifies this area as one of the greatest opportunities in the City to create new residential neighborhoods through the replacement of existing uses and new construction on underutilized parking lots. The fact that these properties are currently developed with existing uses should not be viewed as an impediment to new residential development. With high land values in Newport Beach and a strong demand for housing, the feasibility for infill and reuse of these sites within the Airport Area is supported by several factors: ■ Irvine Business Complex- The Airport Area shares many similarities and borders the Irvine Business Complex (IBC) located in the City of Irvine. Similar to the Airport Area, the IBC was developed in the 1970's solely as a commercial and industrial center; however, the IBC has increasingly experienced redevelopment in the form of residential and mixed -use housing. Market forces have increased housing and mixed -use development in the IBC. Various tilt -up industrial buildings have been demolished over the years and reconstructed with high- density apartments and condominiums. According to City of Irvine staff reports, a number of factors have created an impetus for the IBC to transition from a predominately low density office and industrial park to an urban, mixed -use center. These factors include; 1) a strong residential market demand combined with a lack of available land in the region for new housing; 2) an existing stock of aging, low density tilt -up industrial buildings; and 3) a key location at the confluence of several freeways and regional circulation systems. Given the similar location of the Airport Area and high land values in Newport Beach, these same factors that have influenced the development in the IBC also influence development in the Airport Area. ■ To determine the market feasibility of units developed at densities prescribed for the Airport Area, housing development densities in the adjoining IBC were reviewed. Data indicated that units constructed have averaged 50 units per acre; therefore, it can reasonably be expected that redevelopment of existing non -vacant sites within the Airport Area is feasible given a similar density limit. ■ Several property owners and developers have approached and are currently processing applications with the City of Newport Beach to request consideration for new housing Newport Beach General Plan 107 Housinq Element development, such as owners of the Conexant site where development on 25 of the total 26.9 acres has been proposed. Conexant's proposed project would result in the demolition and replacement of 441,127 square feet of existing industrial and office buildings with a residential and mixed -use development, referred to as the Uptown Newport Village or the Village. Approximately 1,244 housing units consisting of 1,060 market units and 184 affordable units, 11,500 square feet of neighborhood- serving uses, a Central Park and two pocket parks totaling two acres, and required parking would be developed in a pedestrian- friendly village. An environmental impact report is currently under preparation for this project. To the west of Conexant, property owners of the Koll Center Newport have expressed interest in developing 260 infill housing units within the approximately 25 acres of surface parking areas. The City is currently preparing an Integrated Conceptual Development Plan for both properties to facilitate the proposed residential development. ■ Not all 207 acres of MU -H2 properties within the Airport Area are required to be redeveloped to achieve the maximum development limit of 2,220 units. Based on the Sites Analysis and Inventory, cumulatively, areas determined as strong candidates for redevelopment contain approximately 96 acres. Only 44 acres would be required to be redeveloped at the maximum density (50 du /ac) and 73 acres at the minimum density (30 du /ac) to achieve the maximum development limit of 2,200 units. Housing development, however, is likely to occur as both infill and re- development as evidenced by submittal of applications by property owners such as Kell and Conexant. Lot Consolidation The General Plan provides policies for the orderly evolution of the Airport Area from a single purpose business park to a mixed -use district with cohesive residential villages integrated within the fabric of office, industrial, retail, and airport- related business. The goal of the General Plan is to create livable neighborhoods with a strong sense of place and community. General Plan policies indicate that residential villages shall be centered on neighborhood parks interconnected by pedestrian walkways with a mix of housing types and buildings at a sufficient scale to achieve a complete neighborhood. In formulating General Plan policies, it was important that residential development not occur on a "piecemeal" basis, but rather there must be sufficient critical mass to enable each increment of housing to stand alone as a viable and livable neighborhood. Therefore, the General Plan establishes several policies that set forth criteria for the configuration and design of new residential villages in the Airport Area. Specifically, General Plan Policy LU 6.15.6 defines standards for the development of cohesive and integrated neighborhoods. It stipulates that residential neighborhoods shall contain a minimum of 10 contiguous acres centered on a neighborhood park and other amenities. The first phase of residential development in each village shall be at least five gross acres, exclusive of rights -of- ways. The parcels owned by Conexant and Koll are large in area, 26.9 acres and 25 acres respectively, and are therefore not constrained by the minimum 10 -acre site requirements. The Conexant parcels are identified as Potential Residential Village Site 5 and the Kell parcels are identified as Potential Residential Village Site 4 in the Sites Analysis and Inventory. The other three potential residential villages identified within the Sites Analysis and Inventory would require the assemblage of several independently owned parcels in order to meet the minimum 10 -acre site requirement. Although it is not unreasonable to assume that larger scale, for -profit developers will have the means and ability to acquire and assemble the required number of parcels over time, an affordable housing developer with Newport Beach General Plan Housinq Element a smaller scale development proposal, such as a low- income housing tax credit project, may find it difficult to assemble the necessary sites. Recognizing that General Plan Policy LU6.15.6 may result in a potential constraint to the development of affordable housing in the Airport Area, a program has been added to the Housing Plan requiring the City to create a waiver or exception provision to the minimum 10 -acre site requirement. However, allowing a smaller scale development within an established commercial and industrial area may result in land use compatibility problems and result in a residential development that does not provide sufficient amenities (i.e. parks) and /or necessary improvements (i.e. pedestrian walkways). Given this concern, it is imperative that the proposed waiver include provisions for adequate amenities, design considerations for the future integration into a larger residential village, and a requirement to ensure collaboration with future developers in the area. The City will continue to encourage affordable housing developers to collaborate with the developers of the Conexant and Koll developments. Within these developments, there may be opportunities for these developers to integrate an affordable housing project. There may also be the opportunity for agreements to develop the necessary affordable housing units to satisfy the City's inclusionary housing requirements or for projects that utilize a density bonus. City staff will also compile and provide a list of interested affordable housing developers to current and future developers of residential villages within the Airport Area. Adequacy of Parcel Sizes Given the economies of scale, it is important that housing opportunity sites are of sufficient size to facilitate the development of housing affordable to lower- income households. Based on information received from HCD, most assisted housing developments utilizing State or federal financial resources typically include at least 50 to 80 dwelling units. For the purpose of this discussion, a site that can accommodate the construction of a minimum of 50 dwelling units shall be considered to be of sufficient size for the development of lower- income housing. At the minimum density requirement of 30 du /ac, a minimum parcel size of 1.7 acres would be required. At a maximum density of 50 du /ac, a minimum parcel size of one acre would be necessary. As required by General Plan Policy LU6.15.6, a development site of a minimum of 10 acres will easily facilitate the development of housing affordable to lower - income households; however, as discussed above, the lot assemblage requirements may result in a potential constraint to the development of affordable housing. Assuming a procedure can be implemented to waive the minimum 10 -acre site requirement for affordable housing projects, it is necessary to evaluate whether the individual parcels identified within the Sites Analysis and Inventory are of sufficient size to facilitate the development of lower- income housing units (1.7 to 1 acre in size minimum). There are over 22 separate parcels identified as housing opportunity sites within the Sites Analysis and Inventory for the Airport Area. Of the 22 total parcels, 19 parcels are greater than 1 acre in size and cumulatively have the potential to yield 4,712 dwelling units at a density of 50 du /ac. Also, of the 22 total parcels, there are 11 parcels greater than 1.7 acre in size and cumulatively have the potential to yield 2,503 dwelling units at a density of 30 du /ac. The aforementioned development yields exceed the 2,200 unit maximum development established by the General Plan for the Airport Area and clearly demonstrate there are an adequate number of sites of sufficient size within the Airport Area to accommodate development for the City's total lower- income housing need of 770 dwelling units. Newport Beach General Plan M zo9 Housinq Element Table Airport Area Residential Village* .. Total Number of Parcels Number of Parcels Over I ac. Total Acres Development Of Parcels Yield at 50 Over 1 ac. du /ac Number of Parcels Over 1.7 ac. Total Acres Of Parcels Over 1.7 ac Development Yield at 30 dulac 1 8 6 11.65 582.5 4 9.47 284.1 2 10 9 15.8 790 3 7.16 214.8 3 2 2 41.79 2,089.5 2 41.79 1,253.7 4 2 2 25 1250 2 25 750 Total 22 19 94.24 4,712 11 83.42 2,502.6 'Based on the potential residential village areas identified within the Sites Analysis and Inventory SOURCE: City of Newport Beach, 2010 ENERGY CONSERVATION OPPORTUNITIES The City of Newport Beach fully enforces provisions of Title 24 of the California Administrative Code, which require energy conservation in new residences. Standards in Title 24 create energy savings of approximately 50 percent over residential construction practices utilized prior to the Title 24 enactment. The City of Newport Beach Building Division is knowledgeable about energy conserving design innovations and solar technology. The department utilizes the Solar Systems Code Review Manual and its companion document, the Pool and Spa Solar Systems Code Review Manual, published by the International Code Council (ICC) to facilitate installation of appropriate solar systems. Under existing state law (the California Resources Code), local jurisdictions may adopt structural energy conservation standards in excess of the existing state standard. Such an increase in standards would be of marginal value because of the moderate climate of the City of Newport Beach. A major concern pertaining to energy conservation is the relationship of housing to employment and related affected transportation modes. Although specific energy savings are difficult to quantify because of the myriad of variables involved in a transportation system, it is generally true that physical proximity between home and work saves transportation energy. Existing affordability concerns in Newport Beach increase energy use by forcing workers employed within the City to seek less expensive housing outside the City. New mixed -use development opportunities may help by reducing the length and frequency of automobile trips and energy usage. However, the jobs /housing imbalance in the City cannot be totally mitigated by increased residential development within the City. Newport Beach is not in an area of geothermal or significant wind activity and consequently cannot take advantage of these "alternative" energy sources. It appears that the City, through enforcement of Title 24 and sensitivity to innovative design, is maximizing residential energy conservation opportunities. The City's updated Natural Resources Element includes Policies NR 24.1, 24.2, 24.3, 24.4, and 24.5 that promote energy efficient construction for residential development and encourage the provision of energy alternatives such as solar power. In addition, the City has included Housing Programs 4.2.5, 4.2.6, 4.2.7, and 4.2.8 in the Housing Plan to promote and encourage the improved energy efficiency of all housing types. Newport Beach General Plan 110 Housinq Element NONGOVERNMENTAL CONSTRAINTS Community Attitudes The citizenry in Newport Beach is well organized through neighborhood homeowners associations and community environmental groups. There exists strong public sentiment in favor of preserving the suburban environment in the City. Public sentiment is a constraint because of its influence on local officials and because of the ability of citizens to establish development policies and zoning through the initiative process. In November 2000, an initiative passed in the City of Newport Beach that requires a general election be conducted to approve General Plan Amendment applications that include increases of 100 or more dwelling units or that would generate more than 100 peak hour trips. See Governmental Constraints for additional discussion of this initiative. Financing Constraints Financing costs largely are not subject to local influence. Control of interest rates is determined by national policies and economic conditions. Interest rates directly influence purchasing power of home - buyers and cost of home construction through construction loans. Currently, interest rates are at a level that enables many of the upper and middle economic classes to afford a home purchase. However, the banking industry has adopted more conservative lending criteria for construction loans, especially for multiple - family housing. These factors have influenced housing supply throughout Southern California. High interest rates substantially reduce home purchasing potential of households. New homebuyers find the housing product they can afford is substantially less than their expectation. Difficulty in producing housing affordable to first -time homebuyers is compounded. Also, because development costs in Newport Beach are higher than in other areas of the state, housing is even further out of the reach of first -time homebuyers. Land and Construction Costs Land costs and construction costs are the major components of housing cost. Land costs are a function of the market and are relatively high due to the City's location near major employment centers and the Pacific Ocean. Due to the built out nature of the City, vacant land that is available for development of any kind and for affordable housing projects in particular, is extremely limited. Construction costs also are set by the market and are influenced by a variety of factors including availability and price of materials and labor, quality of construction, and amenities offered. Cost factors used to estimate the cost of construction for new housing in 2007 are approximately as follows: ■ Multi -Fam4 (j2er gross square foot $140 apartment buildings /$150 condominiums" 11 Inclusionary Housing In -Lieu Fee Study. October 2008. EPS Newport Beach General Plan 111 Housinq Element ■ Single - Family Dwellings ner gross square foot) Wood Frame $130.00 (average quality); $160.00 (good quality) Growing market demand for housing in Newport Beach and little remaining vacant land in the City has had a strong impact on financial aspects of residential development in the City. The greatest impact of this market demand on cost of new housing is seen in the price of residential land in the City. According to a recent study, land entitled for multi - family housing in Newport Beach would cost $3,000,000 per acre.12 Density increases often are used to offset high construction and land costs. Density increases may decrease land costs on a per -unit basis, but sales prices of units in Newport Beach indicate density increases do not necessarily bring the cost of housing to consumers to a level that is affordable to lower- or even moderate - income households. Assuming that multi -family housing would be built at 20 units an acre, the land cost would be $150,000 per unit." In addition, high residential densities involving buildings taller than three stories will greatly increase unit marketability in many areas of the City because of the addition of a view factor. Regardless of square- footage or density, a unit with a blue water or white water view can be marketed as a luxury condominium and command an extremely high price. Higher land costs in the City are the main factor in higher square- footage costs for housing provision. High land costs also trigger higher costs in other areas of development. To balance land prices, developers must increase amenities within the housing unit as well as within the community area. Thus, a higher land price promotes development of higher -end units. Infrastructure Constraints The City of Newport Beach is primarily a built -out community that is adequately served by existing infrastructure including sewer, water, and police and fire services. Presently, the main area in the community that is not served by any water or sewer infrastructure is Banning Ranch. However, if the Banning Ranch area is annexed to the City, the City intends to provide service to this area." With the exception of the undeveloped Banning Ranch area, new development will primarily occur through the re -use and intensification of existing land uses in other areas of the City as previously discussed. According to the City of Newport Beach Environmental Impact Report for the General Plan Update (April 2006), new residential development associated with implementation of the General Plan Land Use Element would not exceed the capacity of existing sewer and water facilities or police or fire protection services. Specifically, new residential development within the Airport Area, Newport Center, Mariners' Mile, and Balboa Peninsula areas will be adequately served by existing infrastructure. In accordance with Government Code Section 65583.2(b)(5), the Sites Analysis and Inventory (Appendix H4) includes a description of existing or planned water, sewer, and dry utilities supply, including the availability and access to distribution facilities. Environmental Constraints Very few areas of vacant, developable land remain within Newport Beach. Open areas include the beach, bay, parks, and undeveloped areas such as Banning Ranch, and the canyons, hillsides, and bluffs of Newport Ridge /Coast. The Housing Element concentrates new in511 housing development 12 Ibid 13 Ibid 14 City of Newport Beach Draft Environmental Impact Report. General Plan Update. 04/2006 Newport Beach General Plan 112 Housinq Element and redevelopment within several specified areas: Newport Center /Fashion Island, Balboa Village, Balboa Peninsula, Mariners' Mile, West Newport Mesa, and the Airport Area. Development within each of these areas would involve the re -use or intensification of land uses, with no significant environmental constraints within these areas.15 The only housing opportunity area identified in the updated General Plan and associated Environmental Impact Report with significant environmental constraints is the Banning Ranch area. The Banning Ranch area includes significant environmental resources including wetlands, habitat areas, sensitive wildlife, and valuable biological resources. GOVERNMENTAL CONSTRAINTS This section of the Housing Element addresses actual and potential City governmental constraints on development of housing for all income levels. Such constraints include land use controls (zoning), building codes and their enforcement, site improvements, fees, and local processing procedures. In many of these areas, localities have varying degrees of discretion to modify state standards for local implementation and /or conditions. Included in this analysis are constraints created by specific state regulations (i.e. Subdivision Map Act, Coastal Act, CEQA). Voter Initiative: Section 423 of the City Charter All housing opportunities identified in the Table H36 (Sites Analysis and Inventory Summary) are not subject to Charter Section 423 as a result of voter approval of Measure Vin November 2006. Background In November 2000, the voters of the City of Newport Beach approved a ballot initiative (Measure S), which is now "Section 423 of the City Charter." It requires voter approval of any project that increases density, intensity, or peak hour trip, above that provided for in the General Plan. Significance is quantified as 100 or more dwelling units, over 100 peak hour trips, or 40,000 or more square feet of nonresidential floor area. Charter Section 423 applies exclusively to General Plan amendments.. Should a developer propose a housing project that exceeds the allocation provided in the General Plan, a General Plan Amendment would be required and review of the project would be subject to review pursuant to the Measure S Guidelines. If the project exceeds the established threshold(s) and is approved by the City Council, the General Plan amendment would then be subject to a vote. The project proponent would then have to wait until the next regular municipal election or until a special election if the City and project proponent enter into an agreement to share the costs of the special election. 2006 Election —Voter Approval of the General Plan Update On November 11, 2006, the City's comprehensive General Plan Update was placed on the ballot (Measure V) as required by Charter Section 423 and approved by the voters. As a result, all dwelling units and residential densities in the current General Plan can be developed without a General Plan Amendment and vote. Therefore, it is important to note that all sites identified in Table H36 (Sites Analysis and Inventory Summary) are not subject to an additional vote under Charter Section 423. 15 Ibid. Newport Beach General Plan M 113 Housinq Element Pursuant to California Government Code Section 65915, Charter Section 423 will have no impact on the City's ability to provide density bonuses required by state law for affordable housing projects on sites already designated for residential development. California Government Code Section 65915(8)(5) states: (5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a .general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in subdivision (b), "total units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. The density bonus provided by this section shall apply to housing developments consisting of five or more dwelling units. However, Charter Section 423 could be a constraint to development if a development proposal exceeds the updated General Plan levels for market rate units and /or affordable units beyond those provided for in state density bonus law. It is important to note, however, that Charter Section 423 will not have any impact on the allowed density established for the housing sites identified to meet the City's Regional Housing Needs Allocation, including affordable units. As indicated in the prior paragraph, this section is only applicable when a change to the existing General Plan is proposed. Zoning The City Zoning Code is complex but typical for an already highly developed community. The Code uses a "district" concept appropriate to the diverse urban patterns and topography found in the City. The Zoning Code contains six basic zoning districts and six mixed -use zoning districts (excluding Planned Community districts and other specialized districts) to regulate residential uses within the City. The basic zoning districts are R -A (Residential Agricultural), R -1 (Single Family Residential), R -2 (Two - Family Residential), Medium Density Residential (RMD) and RM (Multi- Family Residential). The mixed -use zoning districts are MU -V (Mixed -Use Vertical), MU -MM (Mixed -Use Mariners Mile), MU -DW (Mixed -Use Dover /Westcliff), MU- CV /15`'' St. (Mixed -Use Cannery Village and 15" Street), MU -W1 (Mixed -Use Water), and MU -W2 (Mixed -Use Water). Development Standards Table H38 summarizes Zoning Code development standards for residential density, height, set - backs, and parking. Parking requirements are also set forth by the California Coastal Commission. Newport Beach General Plan 11-x{ Housinq Element Table H38A Summary Zone R -A of Development Standards R -1 S.F. by District—City R- 1.5(S.F and duplex.) of R -2 Du lex Newport RMD Beach RM Multi. Height s 24 ft/28 ft 24 ft/28 ft 24 ft/28 ft 24 ft/28 ft 28 f /32 ft 28 ft/32 ft Min. Lot Size 2 acres 5,000 sf, 6,000 sf for corner lots 5,000 sf Same as R- 1 Same as R- 1 Same as R- 1 Min Lot Width 125 ft 50 ft160 ft 50 f /60 ft 50 ft/60 ft 50 ft/60 ft 50 ft/60 ft Parking 2 2 2 2 2 2.5 Floor Area Ratiob 1.512.0 1.5 1.512.0 None 1.75 Lot Coverage 40% Front Yard d 20 ft 20 ft 20 ft 20 ft. 20 ft e 20 ft e Side Yard 5 f 3ftor4ft 3ftor4ft 3ftor4ft 5 f 3ftor4ft Rear Yarde 25 ft max loft loft loft 25 ft e loft Lot Area per Dwelling 1,000 sf 1,000 sf 1,000 1,200 SOURCE: City of Newport Beach Planning Division Lower number is the basic height limit, which can be increased to higher number upon approval of a use permit in each case. n The 1.5 FAR applies to Old Corona del Mar and Balboa Island only. FAR does not include open decks, balconies, or patios. Excludes building area used for parking e Twenty feet, unless otherwise specied on distdcting maps . Other special yard and building distance requirements may apply Newport Beach General Plan 1-15 Housinq Element Table H38B Summary of Development Standards by District—City of Newport Beach Zone MU -V MU -MM MU -DW MU- CV1151h MU -W1 MU -W2 Height a. 26 ft/35 ft 26 ft/35 It 26 ft135 It 26 ft/35 ft 26 ft /35 ft 26 ft/35 ft Min. Lot Sizeb 2,500 sf 10,000 sf 40,000 sf 5,000 sf 20,000 sf 2,500 sf Min Lot 25 ft 50 ft 100 ft 40 ft 200 ft 25 ft Widthb Parking 2 2 2 2 2 2 max 1.5 (max max 1.5 (max 1.0 max 1.5 (max max 1.5 (max max 1.0 (max max 1.25 (max Floor Area 1.0 for res, max for res, max 0.5 1.0 for res, max 1.0 for res, for res, for res, Ratio 0.5 for nonres) for nonres) 0.5 for nonres) max 0.5 for max 0.5 for ma max 0.5 for ma nonres) nonres) nonres)e Front Yard O ft O ft O ft 0 ft. O ft O ft (Min. /Max.)= Side Yardd. Oft Oft Oft Oft Oft Oft Rear Yardd. Oft Oft Oft Oft Oft Oft Lot Area per 1,631 sf min, 1,631 sf min, 1,631 sf min, 1,631 sf min, 7,260 sf 1,631 sf min, Dwelling 2,167 sf max 2,167 sf max' 2,167 sf max 2,167 sf max 2,167 sf max SOURCE: City of Newport Beach Planning Division Lower number is the basic height limit, which can be increased to higher number upon approval of a use permit in each case. .Minimum dimensions required only for newly created lots. Zero feet, unless otherwise specified on districfing maps d Other special yard and building distance requirements may apply (adjoin residential districts or alleys than setbacks apply) e. For Lido Marina Village max 1.5 ( 0.8 for res, max 0.7 for nonres) f For property beginning 100 ft. north of Coast Highway Zoning Code development standards could be considered constraints to development because they limit for the density and sizes of dwelling units. However, zoning standards are designed to protect the quality of life and provide, at a minimum, access to sunlight and fresh air. Access to air and sun are guaranteed through building setbacks, open volume requirements, maximum building heights, and floor area ratios. The Newport Beach Zoning Code controls density for each zoning district through development regulations pertaining to land required per dwelling unit. In the older neighborhoods of the City, density standards have not changed since 1936. Densities of approximately thirty dwelling units per acre are still allowed in these areas. In the newer neighborhoods, developed since the 1960s, single - family densities are generally less than 10 dwelling units per acre. The City's Codes contain many procedures to grant relief from certain development standards which can be of assistance in allowing higher densities. However, even if the City is willing to approve reductions in some of the zoning regulations (such as parking), the California Coastal Commission has similar development requirements which would still need to be complied with for properties in the Coastal Zone. Maximum density in the Multiple Residential Zone (RM) and the Muted -Use Zones is a function of the size of the lot. For example, a minimum lot area per dwelling unit of 1,200 square feet applies, which translates to a maximum density of 36 units per net acre. Newport Beach General Plan 11/'0 Housinq Element Permitted Residential Uses Table H39 summarizes permitted residential uses by zoning districts. Single -, Two -, and Multi - Family Residential: These classifications include mobile homes and factory -built housing. Group Residential: Group residential is defined as shared living quarters, occupied by two or more persons not living together as a single- housekeeping unit. This classification includes, without limitation, boarding or rooming houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential care facilities and SROs. Group residential uses are not permitted in any zoning district. Residential Care Facilities: Licensed residential care facilities for six or fewer persons are permitted by right in all residentially -zoned properties, in accordance with state law, and are treated as single family residences. Residential care facilities for seven or more persons (Residential Care General) and unlicensed residential care facilities are permitted in the following zoning districts, with a Use Permit issued by a Hearing Officer: ■ Residential District — RM and RMD zoning districts. ■ Planned Community Districts — Property development regulations applicable to residential districts, related to residential care facilities, shall also apply to the corresponding portions of the PC Districts. Convalescent Facilities: Convalescent facilities that provide care on a 24 -hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services are permitted in the RM and RMD Districts with a Conditional Use Permit, in the PI District with a Minor Use Permit, and in the OM District with no Use Permit required. Accessory Dwelling Units: The City's Zoning Code includes provisions for "granny units" (accessory, age - restricted units) which may be approved by the Community Development Director in single and multi - family districts. The accessory dwelling unit is intended for the sole occupancy of 1 or 2 adult persons who are 60 years or older, and the size of the unit does not exceed 640 square feet. Since adoption of the City's "accessory dwelling unit" provisions, 24 age - restricted units have been authorized and 15 constructed. Newport Beach General Plan i1� Housina Element Table - .- ► Newport Residential Gov, Edu Commercial Mixed -Use Districts R -BI MU- (S.F RM CC, CG, OA, CV/ R -1 and 2- R -2 (Multi.) CM, CN, OG, MU- ISth MU -WI, Uses R -A (S.F.) family) (Duplex) RMD PI CV OR OM MU -V MU -MM DW S7 MU -W2 Single - Family P P P P P P P P Two - Family P P P P P P Multi- Family P P P P Group Residential Residential Care Facilities, CUP -HO General (large) Residential Care Facilities, Small P P P P P P P P P P Licensed Residential Care Facilities, Small CUP -HO Unlicensed Convalescent CUP MUP P Facilities Accessory MUP MUP Dwelling Units SOURCE: City of Newport Beach Planning Division P = Permitted CUP = Conditional Use Permit UP -OFC = Use Permit issued by a Hearing Officer MUP = Minor Use Permit Newport Beach General Plan 118 Housinq Element Single Room Occupancy (SRO) Residential Hotels: Within the City's former Zoning Code, SROs fell under the classification of Visitor Accommodations and were defined as buildings with six or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are also the primary residences of the hotel guests. The former Zoning Code permitted SROs in a commercial and an office zoning district with the approval of a conditional use permit. Unfortunately, with approval of the Zoning Code Update, the definition and provisions for SRO's were inadvertently left out. Therefore, the City has included a program in the Housing Plan committing the City to define SRO's within the Zoning Ordinance and permit SROs within the commercial and office districts as previously provided for. To facilitate the development of SROs within these districts, the City will not develop, nor impose, a standard set of conditions or use restrictions on SROs; instead, each application would be evaluated individually and approved based upon its own merits and circumstances. Project specific conditions may be placed on the project by the Planning Commission to ensure compatibility with surrounding uses. Emergency Shelters: On October 15, 2008, the state enacted SB 2, which amended State Housing Element Law. This legislation requires the City to designate a zoning district or districts where emergency shelters will be allowed without requiring a use permit or other discretionary review. The designated district or districts must include sufficient capacity to accommodate the need for emergency shelters. State law defines an emergency shelter as a means of housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. Based on the service records provided by agencies that provide housing and other services for the homeless in Newport Beach, and conversations with Newport Beach Police Department and Newport-Mesa School District, an annual estimate of 8016 homeless persons from Newport Beach utilize emergency shelters or services over the course of one year. It should be noted that this is a conservative estimate in that a number of the individuals may be receiving assistance from multiple service providers, and therefore, may be counted more than once. The Zoning Code provides two zoning districts that permit emergency shelters without the need for a conditional use permit. These zoning districts are the Private Institutions (PI) and Office - Airport (OA). Section 20.48.100rent Zoning Code also establishes specific standards and the following performance standards for emergency shelters which comply with state law and do not constrain development: • A maximum of 40 beds per shelter; • Off - street parking based on demonstrated need; • Size and location of exterior and interior waiting drop -off (10 sq. ft. per bed min.); • Design and amenities (min. 35 sq. ft. of sleeping area per bed and requirements for bathroom and shower facilities); • Provision of on -site management; • Proximity to other shelters (min. 300 —foot separation); 16 Based on information contained in Homeless- L.aealNeed discussion in Housing Element. Newport Beach General Plan 11 j Housinq Element • Length of stay (max. 14 days); and • Security, litter and graffiti. Properties designated for PI are distributed throughout the City, but primarily located along major transportation corridors and offer easy access to public transportation. The PI zoning district is intended to provide for areas appropriate for privately owned facilities that serve the public, including Places for assembly /meeting facilities (e.g., religious assembly), congregate care homes, cultural institutions, health care facilities, marinas, museums, private schools, yacht clubs, and comparable facilities. There are over 44 parcels totaling approximately 135 acres in the proposed PI zoning district. Several of the existing uses on these properties are religious assembly uses, many of which consist of large campuses. Given the high land costs in the City, these religious assembly facilities could provide the best means to facilitate the development and management of emergency shelters in the City. Properties designated for AO are located within three large blocks east of John Wayne Airport, west of Birch Street, north of Bristol Street /73 Freeway, and south of MacArthur Boulevard. These properties are also located along major transportation corridors and offer easy access to public transportation. The AO zoning district is intended to provide for areas appropriate for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. These may include corporate and professional offices; automobile sales, rental and service; aviation sales and service; hotels; and accessory retail, restaurant, and service uses. There are over 56 parcels totaling approximately 54 acres in the AO zoning district. Several of the existing uses on these properties are low and medium density professional office buildings, many of which are aging and offer affordable rents compared to most other parts of the City. These properties should provide realistic opportunities for reuse of these structures for the development and management of emergency shelters in the City. Combined, the PI and AO zoning districts consist of over 98 parcels and 189 acres. By allowing emergency shelters as permitted uses within these districts, adequate sites are available for the potential development of emergency shelters in the City. Transitional and Supportive Housing: As defined by Section 50675.2(h) of the Health and Safety Code, transitional housing means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation for the unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. As defined by Section 50675.14(b) of Health and Safety Code, supportive housing is housing with no limit on length of stay, that is occupied by the target population as defined in subsection (d) of Section 53260, and that is linked to onsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Pursuant to the requirements of SB2, the current Zoning Code provides definitions for transitional and supportive housing uses and clarifies that these uses are treated in the same manner as other residential uses of the same types and are subject to the same permitting processes. For example, if the transitional or supportive housing is provided within a residential care facility, that facility is Newport Beach General Plan 120 Housinq Element subject to the same permitting processes as other residential care facilities in that zone. If the transitional or supportive housing is provided to individuals or groups living in rental apartments as single housekeeping units, that use is permitted by right as a multi- family residential use where multi- family housing is permitted. Zoning Code Consistency The updated General Plan created several new residential development opportunities and land use categories. Specific policies regarding land use capacity, encouragement of residential development, consolidation, and density levels are contained in the Land Use Element. These new land use categories, associated densities, and FAR limitations are identified in Table H34. For example, the updated Land Use Element calls for residential development in Airport Area to have a density of 50 units per acre, averaged over the first phase for each residential village. The minimum density for subsequent phase of residential development is 30 units per acre. The comprehensive Zoning Code Update, completed in October, 2010, implements the land use changes included in the 2006 General Plan update, including creating new zoning districts and development regulations for several areas of the City where residential and mixed -use designations have been added. The General Plan Land Use designation of MU -H2 for the Airport Area creates the greatest opportunity for the City to provide new residential development; however, properties in this area are currently zoned Planned Community and regulated by the development standards contained within the following two Planned Community development plan texts: 1) The Newport Place Planned Community (PC 11); and 2) The Koll Center Planned Community (PC 15). Both of these Planned Community texts do not include the allowance for residential uses and a residential project would need a Planned Community Amendment. Recognizing that this could be a potential constraint to the development of affordable housing in the Airport Area, the City has created Housing Program 3.2.3 committing to amend these Planned Community texts. This amendment will create the allowance for residential developments that include a minimum of 30 percent of the units affordable to lower - income households within both Planned Community texts, permitting them by right with the approval of a site development review permit. The site development review permit would ensure that the new residential uses are integrated within the area and potential design issues are addressed that could arise within an area that previously did not contain residential uses. Development standards in the revised Planned Community texts will allow densities between 30 du /acre and 50 du /acre. The Subdivision Process Basic provisions of the City of Newport Beach Subdivision Code are similar to those of most jurisdictions of similar size to Newport Beach. The Subdivision Code contains design standards that provide minimum criteria for development. In some cases, the Code allows flexibility in application of its provisions and thereby potentially could reduce development costs. Examples of such cases are allowances for the development of nonconforming lots and park fee waivers. The Subdivision Code also addresses improvements (e.g., street trees, placing utilities underground, street lighting) that add to development costs. Additionally, the Newport Beach Subdivision Code requires dedication of parkland and /or payment of in -lieu fees concurrently to recordation of a final subdivision map. This requirement is made in compliance with state law, but also adds to costs of development. Newport Beach General Plan M 1_?1 Housing Element Inclusionary Housing Ordinance To assist in the production of affordable dwelling units, Housing Program 2.2.1 was carried over from the previous Housing Element. Housing Program 2.2.1 requires that an average of 15 percent of the units in a new residential development be affordable to persons of very low -, low -, or moderate - income, or that an equivalent in -lieu fee be paid. For projects where an in -lieu fee is not paid, or for projects with more than 50 residential units, the Program requires the preparation and approval of an Affordable Housing Implementation Plan (AHIP). An AHIP provides a description of the residential Subdivision and the method of satisfying the affordable housing requirement. On May 11, 2010, the City Council adopted Ordinance No. 2010 -9 adding a new chapter to the City's Subdivision Code implementing Housing Program 2.2.1 of the Housing Element. The Chapter provides the specific requirements necessary to implement the Housing Program. The Inclusionary Housing Chapter requires developers of residential subdivisions to facilitate production of affordable dwelling 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 proponent chooses to provide affordable rental units, the units shall be rented at a rate affordable for 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. In order to provide flexibility to developers and reduce the burden that this Chapter may place on new residential subdivision projects, alternatives to on -site construction requirements of the Chapter have been included to allow for off -site construction, off -site renovation, land dedication, and payment of in -lieu housing fees. Also, development projects where units are provided to meet the inclusionary housing requirements would also be eligible to receive a density bonus pursuant to state law. In an effort to calculate an equitable in -lieu fee option for residential developers, the City retained the services of Keyser Marston Associates (KMA) in 2009 to analyze and provide recommendations on the fee a residential developer should have to pay in lieu of providing affordable housing units. The affordable housing in -lieu fee was set at $18,500 per market -rate unit, with an automatic annual adjustment based upon the annual percentage change in new home prices in Orange County. All funds received through the payment of in -lieu housing fees will be required to be deposited into an Affordable Housing Fund and will be used to construct, rehabilitate, or subsidize affordable housing or assist other governmental entities, private organizations or individuals to provide or preserve affordable housing. KMA also prepared a financial constraints analysis" to ensure the City's inclusionary housing requirements would not result in a financial burden to housing production in the City. The results of the analysis concluded that the ability to provide rental units affordable to low- income households to fulfill the inclusionary requirements for a for -sale development project significantly reduces the financial burden to a level that does not constitute an unreasonable constraint. To corroborate this finding, KMA surveyed over 100 jurisdictions in California that currently impose inclusionary housing requirements and found that the primary financial burden associated with the Inclusionary Housing Chapter is consistent with that of other inclusionary housing programs being implemented throughout the State. Although the KMA analysis indicated that the City's inclusionary housing " Analysis of Inclusionary Housing Options. September 17, 2009. KMA Newport Beach General Plan 122 Housinq Element requirements would not result in a financial burden to housing production in the City, the City will monitor the effects of the requirements on the production of overall housing development within the City. Local Coastal Program The Coastal Land Use Plan portion of the Local Coastal Program, approved by the California Coastal Commission on October 13, 2005, and adopted by the City Council on December 13, 2005, might be a constraint to providing affordable housing. The Coastal Land Use Plan consists of land use designations and resource protection and development polices for the Coastal Zone. The Land Use Plan policies result in consistency with Chapter 3 of California Coastal Act, which addresses the planning and management of coastal resources. One of the major goals of the California Coastal Act and the Coastal Land Use Plan is to assure the priority for coastal- dependent and coastal- related development over other development in the Coastal Zone, which is a constraint on residential development, particularly in areas on or near the shoreline. The Coastal Land Use Plan indicates that areas within the Coastal Zone designated for residential use include senior citizen housing facilities (whose occupancy is limited to elderly persons, as defined by state or federal law). In addition, the Coastal Land Use Plan contains restrictions applicable to twelve sensitive habitat areas that limit potential residential development areas and that control and regulate locations on new buildings and structures to ensure (to the extent practical) preservation of unique natural resources and to minimize alteration of natural land forms along bluffs and cliffs. In 1981, the California Legislature enacted SB 626 (Mello), which added Government Code Section 65590 and eliminated certain provisions of the California Coastal Act that required local coastal programs to include housing policies and programs; Section 65590 mandates coastal communities require inclusion of low- and moderate- income housing as part of new residential developments and replacement of low- and moderate- income housing eliminated as a result of demolition of existing housing within coastal zones of those communities. On August 19, 1982, the Newport Beach City Council adopted Council Policy P -1, establishing administrative guidelines and implementation procedures to administer Section 65590 within the coastal zone areas of the City. This Policy now is in the Zoning Code in Chapter 20.34 which establishes the requirement of a Coastal Residential Development Permit for certain activities involving dwelling units within the Coastal Zone. This permit ensures compliance with state law by maximizing low and moderate- income housing opportunities within the Newport Beach Coastal Zone. A Coastal Residential Development Permit is required in Newport Beach to demolish or convert 11 or more dwelling units in two or more structures, to demolish or convert 3 or more dwelling units in one structure, or to construct 10 or more dwelling units. A Coastal Residential Development Permit is not required for demolition or conversion of a residential structure to establish a nonresidential use that is "coastal related" or "coastal dependent" and that is consistent with provisions of the City of Newport Beach Local Coastal Program Land Use Plan. In addition, a Coastal Residential Development Permit is not required to demolish a residential structure declared a public nuisance or to reconstruct a nonconforming building damaged by fire, earthquake, or other calamity when a use permit is not required. The Newport Beach Municipal Code indicates replacement affordable units in the Coastal Zone shall be provided on a one - for -one basis when demolition or conversion activities involve low- and moderate- income dwelling units, if feasible. Also, a feasibility study is required for new dwelling unit Newport Beach General Plan M 123 Housinq Element construction of 10 or more units when low- and moderate - income dwelling units are not proposed at affordability standards contained in this Housing Element. The test of feasibility shall be initially conducted at the Housing Element standard and subsequently at progressively higher standards contained in California State Health and Safety Code Section 50093. Furthermore, the City of Newport Beach and the owner of the low- and moderate - income dwelling units provided are required to enter into an affordable housing agreement (to be recorded against the property) governing the dwelling units. Senior citizen housing facilities may require higher dwelling unit limits than normally allowed in the Municipal Code. Such higher dwelling unit limits are allowed and are consistent with the Local Coastal Program when a finding can be made that the use is a particular benefit to the City and that traffic generated by the project is not greater than the predominant use allowed in the area. Senior citizen housing facilities must conform to floor area limits of applicable residential zone(s). California Environmental Quality Act The California Environmental Quality Act (CEQA) was enacted in 1970, and requires governmental agencies that propose to approve projects to undertake analysis of environmental impacts resulting from those projects. The CEQA process can be lengthy, and project delays can increase costs to developers. Likewise, costs to prepare environmental documentation necessary to satisfy CEQA can be quite high, and traditionally is borne by the project applicant. The CEQA process particularly affects Newport Beach due to rich natural resources in the area. Concern for protection of natural resources within Newport Beach has in the past required, and will continue to require, modifications to intensity of residential development and design of projects. The City environmental review process is responsive, well coordinated, and meets CEQA requirements. Review of this environmental reporting process for purposes of preparation of this Element illustrates it is not excessive or overly restrictive according to state law. Building Codes and Enforcement Building codes regulate new construction and rehabilitation, and are designed to ensure adequate protection against fire, structural collapse, unsanitary conditions, and other safety hazards. The City Council adopted the 2007 edition of the California Building Code. These building codes establish minimum standards for construction to protect the health, safety, and welfare of citizens. These codes and regulations are based on uniform standards and are applied throughout the region and therefore are not considered to significantly impact construction costs or constrain the provision of housing for person with disabilities. State energy conservation regulations, which are cost effective in the long term, may add to construction costs. Impact Fees The role fees play in constraining production of housing is difficult to measure, although fees can affect housing prices in certain markets. The theory behind fees is that new development should bear its own costs and these costs should be spread equitably among new development. State law requires fees bear a reasonable relationship to actual costs incurred by a city. However, fees may add Newport Beach General Plan 124 Housinq Element significantly to the cost of a housing unit. To offset the cost of constructing housing units, the Newport Beach City Council adopted a program that allows for the waiver of all fees when affordable housing units are proposed. In addition the Municipal Code allows for the waiver of fair share trip fees. The City of Newport Beach fees for discretionary applications are compared to discretionary application fees of various nearby cities in Table H40 and Table H41. Table a Comparison Jurisdiction General Plan Amendment Zone Change Parcel Map Variance Costa Mesa $3,560 $1,910 $1,445 $1,685 Huntington $19,911 (minor) $8,429 (minor) $4,066 $3,453 Beach $37,263 (major) $15,163 (major) Elderly $736 Irvine $1281 hr; $12,000 deposit $128 /hr; $128 /hr; $128 /hr; $1,500 deposit $2025 $12,000 deposit $4,000 deposit $1,105 Laguna Beach $2,625 + actual costs over $1,945 + actual costs over $1,940+ $525 +$1.50/ $100 permit $1.84 per square foot min. min. $645/lot value $160 /hr; $2,200 deposit Newport Beach (minor) $160hr; $3,030 $160 /hr, $160 /hr; $5,000 deposit $2,200 deposit $2,200 deposit (major) Orange County $10,000 deposit $10,000 deposit $5,000 $5,000 SOURCE, City Planning Divisions 2010, July Table H41 Additional City Fees Zone A: Zone A: Zone B: Zone B: Transportation Corridor Fee* Single-Family Mufti-Family Single Family Mufti-Family $2,639 $3,508 $2,047 $4,530 Elderly $736 Fair Share Trip Fee Single - Family Detached Single - Family Attached Apartment Mobile Home $2025 $1,583 $1,197 $1,105 In -Lieu Park Fee $26,125 per dwelling unit In -Lieu Housing Fee $18,500 per dwelling unit Newport-Mesa Unified School $1.84 per square foot District Fee SOURCE: City of Newport Beach Planning and Building Divisions 2010, July *Applies to all development in the San Joaquin Hills Transportation Corridor Agencies Area of Benefit Development Review Process All residential development in the City requires review to determine compliance with the City's development regulations and guidelines. The development review process may require a discretionary approval as part of the process and may include actions such as zone change, modification permit or use permits. The City's review procedures are considered efficient with typical zone change requests reaching completion in as few as 90 days if no environmental impact report is required. An Environmental Impact Report may require up to one year before a decision is rendered, which is within the time frame established by state law. Use Permits and subdivision maps typically can be Newport Beach General Plan = 1215 Housinq Element approved in six to eight weeks, provided an environmental impact report is not required. Planning Commission decisions on maps, and use permits are final unless appealed within 14 days of the date of decision to the City Council, or unless a member of the City Council within 14 days of the date of decision requests to review the Planning Commission decision. Zone Changes require City Council action. The City's policy is that building permit plan checks take a maximum of 4 weeks for first review. It should be noted that the City does not impose a design review. The lack of this procedure further lends to an expeditious approval process. Modification Permits The City has a process to obtain a "Modification Permit." Whenever strict interpretation of the Zoning Code precludes reasonable use of a property, a modification permit may be issued to deviate from the standards of the Code relating to building setbacks, size, and location of parking spaces, structural appurtenances or projections that encroach into setbacks, and related matters. A public hearing will be set not less than 10 days or more than 30 days after a completed application is submitted to the Planning Division. Use Permit (Conditional and Minor) Conditional use permits and minor use permits are required for certain use classifications typically having unusual site development features or operating characteristics requiring special consideration to ensure compatibility with adjacent properties. For a conditional use permit a noticed public hearing is held by the Planning Commission or a Hearing Officer within 60 days after accepting a complete application.. The Planning Commission has the authority to approve, conditionally approve, or deny applications for conditional use permits. Minor use permits require a less extensive review and a noticed public hearing is held by the Zoning Administrator within 30 days after accepting a complete application. The Zoning Administrator has the authority to approve, conditionally approve, or deny applications for minor use permits. Housing for Persons with Disabilities Building Codes The City implements and strictly enforces Chapter 11 of the California Building Code, which establishes regulations for new multi- family construction projects pertaining to access and adaptability for persons with disabilities. These codes and regulations are based on uniform standards and are applied throughout the region and therefore are not considered a constraint. Although Chapter 11 of the California Building Code pertains only to new multi- family projects of 3 or more units, staff currently processes any and all voluntary proposals of ADA retrofits. If for any reason an applicant should request an accommodation to the code for reasons related to a disability, the Building Division is willing to closely examine the special needs of the applicant and consider a hardship request or an alternative material, design, and methods of construction request. Newport Beach General Plan 126 Housing Element Information Regarding Accommodation for Zoning, Building Codes, and Permit Processing In an effort to remove regulatory constraints for persons with disabilities, the City provides the following accommodations to zoning standards, application of building codes, and permit processing for housing with persons with disabilities. Reasonable Accommodations In 2008, and in accordance with federal and state fair housing laws, the City adopted an ordinance creating the Reasonable Accommodations Chapter (Chapter 20.52.070) of the Zoning Code. The Chapter provides procedures for obtaining reasonable accommodation from the City's zoning and land use regulations, policies, and practices when necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. With a reasonable accommodation, a group of disabled individuals can reside in any district zoned for residential use within the City, even if they are not living as a single housekeeping unit. Prior to the adoption of the ordinance, the City did not have a reasonable accommodations process, and requests would have required either a use permit (for residential care facilities for seven or more residents), or the application of a variance or modification permit in order to obtain relief from Zoning Code standards. The Chapter ensures that reasonable accommodation requests are processed efficiently without imposing costs on the applicant. The City does not assess a fee for reasonable accommodation requests. Although a public hearing is required, the matter is heard before a Hearing Officer rather than the Planning Commission, which helps expedite processing. Request for Hardship or Request for Alternative Materials, Design, and Methods of Construction The City allows residential retrofitting to increase the suitability of dwellings for persons with disabilities in compliance with accessibility requirements. Further, the City Building Division has a process to approve hardship requests, as well as requests for alternative materials, design, and methods of construction when compliance to the strict letter of the building codes is impractical. This process ensures that application of the Building Code does not create a constraint on housing. These requests may be approved by the Building Official and Fire Marshall, or their designated agent, if he /she determines that unique characteristics or conditions exist that make compliance with the strict letter of the Code impractical and equivalency is provided. The resulting condition must be in conformance with the spirit and purpose of the Code provisions involved and such modification may not compromise fire protection, structural integrity or occupant safety. The review of the request is based upon a written report that must be submitted by the applicant describing the alternate proposal along with applicable data. Assistance to Persons with Disabilities Permit technicians are continually available to assist persons with disabilities in completing forms and applications, submitting and issuing permits, and the processing of plans. Engineers, planners, inspectors, and other staff will come down stairs to the public counter to assist disabled persons with any inquiries or assistance requested. Furthermore, all information and applications related to permit processing, including development standards and applications, are available on the City's website Newport Beach General Plan M 127 Housinq Element minimizing the number of visits to the City that would be required for information and permit processing. Zoning and Other Land Use Regulations Zoning As part of the preparation of an Analysis of Impediments to Fair Housing Choice, which is required for receipt of CDBG funds, the City has conducted a comprehensive review of its zoning standards, policies and practices for compliance with fair housing laws. The City has not identified any zoning or other land -use regulatory practices that could discriminate against persons with disabilities or impede the availability of such housing for these individuals. Examples of the ways in which the City facilitates housing for persons with disabilities through its regulatory and permitting processes include but are not limited to: ■ The City defines "family" or "single housekeeping units" in such a way that does not have the effect of discriminating against unrelated individuals, or individuals with disabilities who reside together in a congregate or group living arrangement. The Zoning Code does not distinguish housing for persons with disabilities who are residing as a single housekeeping unit from any other residential use in which individuals are residing as a single housekeeping unit. Through use permits and reasonable accommodations, the Zoning Code permits disabled individuals not living as a single housekeeping unit to reside in residential zones where all other groups not living as a single housekeeping unit are prohibited. Group Home Ordinance On January 22, 2008, the City Council approved Ordinance No. 2008 -5 with the intent of maintaining zoning protections for residential districts while benefiting disabled persons who wished to live in those districts. Ordinance No. 20078 -5 allows disabled persons to live in residential districts in residential care facilities, while prohibiting all other groups not living as single housekeeping units from residing in residential districts. The term "group home" as used by HCD is interchangeable with the City's definition of a "residential care facility." The purpose of the Ordinance is to ensure that the residential care facilities are operated in a manner consistent with the residential character of surrounding neighborhoods, do not recreate an institutional environment that would defeat the purpose of community -based care, and that residential care facilities serving the disabled are operating in compliance with City and state laws and regulations. To achieve these purposes and to provide disabled persons with an equal opportunity to use and enjoy a dwelling in the City's residential zoning districts and in recognition of the services that may be required by the disabled, the Ordinance regulates residential care facilities as follows: Licensed residential care facilities for six or fewer persons (not living as a single housekeeping unit) are permitted by right in all residentially -zoned districts, in accordance with state law, and are treated as single family residential uses. Newport Beach General Plan 122 Housinq Element ■ Licensed residential care facilities with seven or more residents (not living as a single housekeeping unit), and unlicensed residential care facilities, may be established in the MFR district with a use permit, or in any residential district through a reasonable accommodation. It is important to note that these types of facilities are the only groups not living as a single housekeeping unit that may be established in a residential district. Other types of group residential uses occupied by two or more persons not living as a single housekeeping unit (i.e. boarding houses, dormitories, fraternities, sororities, and private residential clubs) are not permitted within residential districts. By providing an opportunity to establish residences with a use permit or reasonable accommodation to disabled groups only, the code gives more favorable treatment to disabled groups not living as single housekeeping units than it gives to non - disabled groups that are not living as a single housekeeping unit. Therefore, groups of disabled individuals are distinguished only to the extent they are treated preferentially. ■ The Zoning Code requires specific parking requirements for residential care facilities which may be less or more stringent than the standard residential parking requirements depending on the number of client beds. If a residential care facility operator wants a reduction in the number of required parking spaces, he or she may apply for a reasonable accommodation from the parking requirements, or request a lower on -site parking requirement in its use permit application. If findings can be made that parking demand is less than required by code, and that the long -term occupancy of the building will not generate an additional parking demand, the request can be granted. Housing Plan: Goals, Policies, Quantified Objectives, and Programs Analyses contained in previous sections of this Housing Element provide the basis for the Newport Beach Housing Plan, which is comprised of housing goals, policies, and programs. The plan places emphasis on providing adequate opportunity for satisfaction of the City's remaining Regional Housing Needs Assessment (RHNA) requirement. The special needs populations most evident within Newport Beach and most easily quantifiable by United States Census of Population and Housing are the elderly, the challenged (handicapped), and female- headed households. Many of those Policies and Programs in this Housing Plan focus on providing housing opportunities for the dominant Special Needs population— senior citizens (those 65 years of age and older). Senior citizens comprise a large component of the total special needs population and have, as a group, many who are disabled, as well as live at or below the poverty level. Goals and policies contained in this Housing Plan address the City of Newport Beach's anticipated housing needs during the tenure of this Housing Element (2008 -2014) and are implemented by a series of Housing Policies and Programs. These Policies and Programs prescribe specific actions the City of Newport Beach will take during the tenure of this Housing Element. The Housing Plan set forth in this Housing Element contains an annotated description of future actions for each Housing Program policy, the Program funding source, responsible agency, and time frame for implementation. Newport Beach General Plan M 1:�J Housing Element GENERAL REVIEW OF 2000 -2005 HOUSING ELEMENT AND HOUSING ACTIVITIES California state law requires the City Housing Element be reviewed as frequently as appropriate and that it be revised appropriately, but not less than every five years, to reflect results of the review. The last comprehensive revisions of the Newport Beach Housing Element were completed in 2000 with a subsequent, more minor update, in 2006 that reflected changes in the City's Land Use Plan. All the following must be evaluated during a review of the Housing Element: ■ Appropriateness of housing goals, policies, and programs in contributing to attainment of the state housing goal • Effectiveness of the Housing Element in attainment of the community housing goals • Progress of the City in implementation of the Housing Element • When a City has land within the California Coastal Zone, review of its Housing Element must consider housing pursuant to coastal requirements. This evaluation must include the following. ► Number of new housing units approved for construction within the Coastal Zone after January 1, 2000 ► Number of housing units required to be provided in new housing developments within the Coastal Zone or within 3 miles of the Coastal Zone for persons and families of low- or moderate- income, as they are defined in Section 50093 of the Health and Safety Code ► Number of existing residential dwelling units in the Coastal Zone that have been authorized to be demolished or converted since January 1, 1992, that were occupied by persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code ► Number of residential dwelling units required for replacement of units authorized to be demolished or converted that were occupied by persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code; location of replacement units on site, elsewhere within the locality's jurisdiction within the Coastal Zone, or within 3 miles of the Coastal Zone within the locality's jurisdiction, must also be designated in the review In the course of administering the Housing Element and preparing the updated 2000 -2008 Housing Element, the City determined that the previously adopted goals and policies continue to contribute to the attainment of California state housing goals as well as the housing goals of Newport Beach. As a result, most of those goals and policies have been retained to facilitate attainment of the 2006 -2014 City housing goals. Specific Housing Programs that have not been effective have been revised or deleted. New Housing Programs have been added, and new housing sites, consistent with the updated Land Use Element, have been identified. According to the Regional Housing Needs Assessment for the Housing Element cycle of 1998 -2005, SCAG estimated that the City needed to target its housing unit production to accommodate 476 new housing units. With the annexation of Newport Coast in 2001, the City agreed to transfer 945 units from the Orange County Regional Housing Needs Allocation to the Newport Coast area. This agreement was made since the Irvine Company committed to the County to fulfill its allocation. However, since the County rr Newport Beach General Plan 130 Housinq Element is still responsible for issuing building permits for the area, the analysis on meeting the RHNA allocation does not include the 945 Newport Coast units. The distribution of these new units according to income was as follows: Very Low Income (86 units), Lower Income (53 units), Moderate Income (254 units), and Above - Moderate Income (476 units). Table H42 summarizes the total RHNA construction need by income, calculated through the RHNA process for the 1998 -2005 Planning Period. Very Low I Low I Moderate I Above Moderate 86 53 83 254 476 18% 11% 17% 53% 100% The Building Division maintains a detailed Building Activity Report for each fiscal year. The report lists the total number of different types of construction permits issued, as well as the number of demolition permits issued. Using this data, staff has created Table H43 illustrating the total number of new additional units that were permitted during the RHNA period of 1998 to 2005. Table Fiscal Year .. During Period 1998 -2005 New Units Demolished Units Total Additional Units 1 st 6 months of 1998 304 54 250 1998 -1999 999 153 846 1999 -2000 720 258 462 2000 -2001 226 155 71 2001 -2002 155 125 30 2002 -2003 167 159 8 2003 -2004 198 161 37 2004 -2005 326 167 159 Total 3,095 1,232 1,863 SOURCE: City of Newport Beach, 2008 The Cite issued 3,095 permits for new or replacement housing during 1998 -2005. This translates to 1,863 net additional dwelling units. Of these units, 1,236 were permits issued for Bonita Canyon. As part of the annexation agreement, affordable units for the Bonita Canyon development were located within the City of Irvine. Excluding the Bonita Canyon project, the net increase was 627 units. Newport Beach General Plan f. 1 Housinq Element This number well exceeds the total 476 units projected by SCAG. Of these, 120 are comprised of the Bayview Landing senior affordable housing project. With the exception of one "manager's unit," all of the 120 units are designated for very low— and low- income seniors. This project received $1 million in funds from the City's "in -lieu" housing fund reserves. In addition, the City provided expedited permit processing, partial fee waivers of entitlement fees and substantial entitlement assistance. Approximately $4.5 million in tax credits were also awarded to the project. Through this project, and units provided in compliance with the City's inclusionary housing program, 19 percent of the net new residential units permitted in Newport Beach, under the City's control, were made affordable to lower - income households. The City has had policies in effect since the mid -1980s requiring the provision of affordable housing in association with all new residential developments where more than 4 units are proposed. In some cases, an in -lieu fee was assessed in place of requiring the production of new affordable units. Since 1984, 9,845 housing units have been built in the community. Approximately 4,298 of these units were part of the Newport Coast and Bonita Canyon projects that were annexed into the City after Affordable Housing Implementation Plans had been approved by other agencies. Approximately 17.3 percent (749) of the units produced in the City and under City regulation have been affordable units. In addition to producing new affordable units, the City has collected $3,116,898 in in -lieu fees since 1997 that have been and will be used to facilitate the construction of additional affordable housing. In addition, the Orange County Business Council has recently ranked Newport Beach as one of top cities in the County that that have produced workforce housing. The Orange County Business Council's 2007 Workforce Housing Scorecard provides a comprehensive evaluation of the current and future state of Orange County's housing supply and demand. This study examines the past, present, and future of the County's housing by analyzing homes constructed, currently available and planned from 1991 -2030. The report ranked Newport Beach as among the study's top five performing cities in Orange County that have created new jobs and the necessary supply of homes to serve the related workforce, both currently and in the future. Newport Beach's high rank was the result of a high score in the following four areas: 1. Number of jobs — Promotion of job growth 2. Housing unit density —The study rewards cities with inclusionary housing policies and penalizes cities that are less hospitable 3 Housing growth— Promotion of housing growth 4. Jobs to Housing Ratio —The study rewards cities for past balanced jobs /housing growth, in addition to plans for the future As displayed in Table H44, Newport Beach had fulfilled its requirement for Constructed in 2004, the Bayview Landing Senior affordable housing project provides 119 units for very low- and low- income seniors. The project received funds from the City's 'in-lieu" housing fund reserves and tax credit financing. In addition, the City provided expedited permit processing and partial fee waivers of entitlement fees. Newport Beach General Plan 132 Housing Element low- income housing and above - moderate /upper - income housing for the 1998 -2005 RHNA period. Table 00 Income Cate o ry Very Low Low Moderate Above Moderate Total Projected Need 86 53 83 254 476 Total New Units Permitted (1/98 -6/05) 24 95 0 1,637 1,757 Remaining Need 62 0 83 0 145 In addition, the City took the following actions to implement its Program objectives in 2000 -2007: • The City received and spent approximately $3 million of Community Development Block Grant funds. Funds were used to support a variety of housing services including fair housing, homeless housing, supportive services, and services for single women and children. • The City continued to participate in County of Orange programs that provided housing and social services for special needs populations. • A comprehensive General Plan update was completed in 2006 which included substantial community outreach. Since the City is largely built out, most of the options considered involved the re- designation of some commercial /office /industrial areas for residential or mixed residential/ commercial uses. Of these, properties in the Airport Area and Newport Center have been identified as having the potential to yield new dwelling units. • The Bayview Landing senior affordable housing project was constructed in 2004. With the exception of one "managers unit," all of the 120 units are designated for very low— and low - income seniors. This project received $1 million in funds from the City's "in- lieu" housing fund reserves. In addition, the City provided expedited permit processing, partial fee waivers of entitlement fees and substantial entitlement assistance. Approximately $4.5 million in tax credits were also awarded to the project. • The City collected $1,063,539 in -lieu fees for affordable housing from developers of market - rate residential projects. • Of the net housing permits issued in the community from 1998 to 2005, 19 percent were affordable to lower income households. • The City established an Affordable Housing Task Force to work with other public agencies and private parties to develop affordable housing projects. • The City continued to enforce requirements of its inclusionary housing program that requires a proportion of affordable housing in new residential developments or payment of an in -lieu fee. On May 11, 2010, the City Council adopted Ordinance No. 2010 -9 adding a new chapter to the City's Subdivision Code implementing Housing Program 2.2.1 of the Housing Element. The Chapter provides the specific requirements necessary to implement the Housing Program. 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. • Approval of AHIPs for Santa Barbara Condominium projects and North Newport Center Planned Community Development Plan. Newport Beach General Plan = 133 Housincl Element In 2006, the City conducted a minor update of the 2000 -2005 Housing Element to reflect land use changes that occurred as part of the comprehensive General Plan update. The City also consolidated some overlapping housing programs, created new programs, and revised some programs to reflect changes to the General Plan. Table H45 provides a summary of housing program accomplishments by program since 2006. Goal HI Quality residential development and preservation, conservation, and appropriate redevelopment Program 1.1.1 Improve housing quality and Ongoing: The California Building Code is This program remains prevent deterioration of existing neighborhoods adopted and continually enforced by the appropriate. by strictly enforcing building code regulations Building Division and Code Enforcement and abating code violations and nuisances. Division. The Water Quality and Code Enforcement Division continually administers an enforcement program to correct violations of municipal codes and land use requirements. A quarterly report on code enforcement activities is kept on file at the City. Program 1.1.2 Participate with the Orange Ongoing: The City staff attends OCHA's City's This program remains County Housing Authority and Housing and Advisory Committee meetings to keep up to appropriate. Community Development Division in their date on rehabilitation programs offered by the administration of rehabilitation loans and grants County. for low- and moderate - income homeowners and rental property owners to encourage preservation of existing City housing stock. Program 1.1.3 Require replacement of housing Ongoing This program remains demolished within the Coastal Zone when Chapter 20.34 of the Zoning Code, appropriate. housing is or has been occupied by very low —, "Conversion or Demolition of Affordable low -, and moderate - income households within Housing," establishes the standards and the preceding 12 months. The City shall prohibit requirements to implement this program. demolition unless a Coastal Residential Development Permit has been issued. The specific provisions implementing replacement unit requirements are contained in the Municipal Code. Goal H2 A balanced residential community, comprised of a variety of housing types, designs, and opportunities for all social and economic segments. Program 2.1.1 Maintain rental opportunities by Ongoing This program remains restricting conversions of rental units to A vacancy rate survey is completed every appropriate. condominiums unless the vacancy rate in quarter to monitor consistency with this policy. Newport Beach for rental housing is an average 5 percent or higher for four (4) consecutive quarters, and unless the property owner complies with condominium conversion regulations contained in Chapter 20.83 of the Newport Beach Municipal Code. Newport Beach General Plan I-S 4- Housinp Element Table H45 Detailed Housing Program Accomplishments Program Accomplishments Appropriateness Program 2.1.2 Take all feasible actions, through Ongoing This program remains use of development agreements, expedited Planning staff continually evaluates all appropriate. development review, and expedited processing proposed affordable housing projects for of grading, building and other development potential incentives, including expedient permits, to ensure expedient construction and processing of permits. occupancy for projects approved with low- and During the entitlement process, the Bayview moderate - income housing requirements. Landing Senior affordable housing project was granted a fee waiver for park, traffic and expedited permit processing, and entitlement assistance. The Santa Barbara Condominium project which included an AHIP will be provided expedited review of development plans. North Newport Center Planned Community project which included a development agreement with an AHIP will also be provided expedited review of development plans. Program 2.1.3 Participate with the County of Ongoing This program remains Orange in the issuance of tax - exempt mortgage The issuance of tax - exempt mortgage revenue appropriate. revenue bonds to facilitate and assist in bonds is project driven. The developer typically financing, development and construction of applies for the bonds. housing affordable to low and moderate - income The City will encourage the use of such bonds households. and inform affordable housing developers of their availability. Program 2.1.4 Conduct an annual compliance- Ongoing This program remains monitoring program for units required to be The City retains a consulting firm that provides appropriate. occupied by very low —, low -, and moderate- an annual compliance monitoring report for the income households. City's income qualified units. Newport Beach General Plan Housinq Element 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 percent 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, or (b) require the preparation of an Affordable Housing Implementation Plan (AHIP) that specifies how the development will meet the City's affordable housing goal, depending on the following criteria for project size: 1. Projects of 50 or fewer units shall have the option of preparing an AHIP or paying the in- lieu fee. 2. Projects where more than 50 units are proposed shall be required to prepare an AHIP. 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 percent affordability requirements, the City will include conditions in the approval of discretionary permits and Tentative Tract Maps to require onaoino monitorina of those oroiects. Program 2.2.2 The City shall provide more assistance for projects that provide a higher number of affordable units or a greater level of affordability. At least 15 percent of units shall be affordable when assistance is provided from Community Development Block Grant funds or the City's in -lieu housing fund. Program 2.2.3 For new developments proposed in the Coastal Zone areas of the City, the City shall follow Government Code Section 65590 and Title 20. Ongoing On May 11, 2010, the City Council adopted Ordinance No. 2010 -9 adding a new chapter to the City's Subdivision Code implementing Housing Program 2.2.1 of the Housing Element. The Chapter provides the specific requirements necessary to implement the Housing Program. 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 Ongoing The City will provide financial assistance based on a project by project analysis, depending on need and overall project merits. The City continues to participate in this Housing Program. The Bayview Landing Senior Affordable housing project received $1 million dollars from the City's "in -lieu" housing fund reserves. Ongoing Staff continues to implement the provisions of Chapter 20.86 of the Zoning Code (Low and Moderate Income Housing within the Coastal Zone). During the past Housing Element cycle, 24 affordable units were permitted in the coastal zone plus 119 at Bayview Landing. Newport Beach General Plan This program remains appropriate. This program remains appropriate. This program remains appropriate. 130 Program 2.2.4 All required affordable units shall have restrictions to maintain their affordability for a minimum of 30 years. Program 2.2.5 Advise existing landowners and prospective developers of affordable housing development opportunities available within the Banning Ranch, Airport Area, Newport Center, Mariners' Mile, West Newport Highway, and Balboa Peninsula areas. Program 2.2.6 Periodically contact known local developers and landowners to solicit new affordable housing construction. Housinc7 Element Ongoing This program remains Staff continues to include this affordability appropriate. restriction as a standard condition on all affordable housing projects, unless an otherwise longer affordability covenant is agreed upon. A comprehensive affordable housing ordinance has been adopted which clearly specifies all conditions for incentives, including the minimum affordability period of 30 years The Bayview Landing project was required to maintain affordability restrictions for 55 years. In exchange for the monetary assistance for needed repairs of the water delivery system, the property owners of the Seaview Lutheran Plaza Apartments agreed to an affordability covenant restricting the rents for a period of 30 years. Ongoing This program remains City staff continues to provide prospective appropriate. developers with information on the City's available land and its incentive program. Development of a plan outlining incentives that implement General Plan is in process. City staff has been discussing affordable housing 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. Ongoing The City Manager's Office and Community and Economic Development periodically discuss the construction of new affordable housing with local developers and landowners. City staff also 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. This program remains appropriate. Newport Beach General Plan t z� Housinci Element Program 2.2.7 Participate in other housing assistance programs that assist production of housing. Program 2.2.8 New developments which provide housing for lower income households that help meet regional needs shall have priority for the provision of available and future resources or services, including water and sewer supply and services. Program 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. Ongoing City staff attends OCHA Cities Advisory Committee meetings to keep up -to -date with programs that assist in the production of housing. Staff will inform developers of programs that are available to assist in the production of housing for all income levels. Ongoing Effective January 1, 2006, local governments are required to provide a copy of the Housing Element to water and sewer service providers. The City has done this. Pursuant to state law, water and sewer providers must grant priority to developments that include housing units affordable to lower income households. Ongoing The City considers "fast- track" development review incentives on a project -by- project basis. The City's General Plan Implementation Program encourages code amendments and the development of incentives that achieve General Plan goals. This program remains appropriate. This program remains appropriate. This program remains appropriate. Goal H3 Housing opportunities for as many renter and owner occupied households as possible in response to the demand for " Program 3.1.1 Provide a streamlined "fast- track" development review process for proposed affordable housing developments. Program 3.1.2 When a residential developer agrees to construct housing for persons and families of very low, low- and moderate - income above mandated requirements, the City shall either (1) grant a density bonus as required by state law or (2) provide other incentives of equivalent financial value. On -going The City considers 'fast track" development review incentives on a project -by- project basis. The City's General Plan Implementation Program encourages code amendments and the development of incentives that achieve General Plan goals. Ongoing The City considers density bonuses and other incentives on a project by project basis. Chapter 20.32 Density Bonus is now included in the Zoning Code. MNewport Beach General Plan This program remains appropriate. This program remains appropriate. 132 Housinq Element Table H45 Detailed Housing Program Accomplishments Program Accomplishments Appropriateness Program 3.1.3 Review and consider in Ongoing This program remains accordance with state law, the waiver of Waivers and incentives are considered by the appropriate. planning and park fees, and modification of Planning Commission and City Council on a development standards, (e.g., setbacks, lot project -by- project basis. coverage, etc.) at the discretion of City Council The City's General Plan Implementation and Planning Commission for developments Program encourages code amendments and containing very low, low- and moderate - income the development of incentives that achieve housing in proportion to the number of low- and General Plan goals. moderate - income units in each entire project. Newport Beach General Plan 1� 0, Housinci Element 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, Mariners' Mile, and the Balboa Peninsula areas. As part of the Housing Element update process, the City completed an adequate sites analysis. The analysis will ensure that sites are available to help achieve City housing goals. The City completed the comprehensive Zoning Code Update, which reflects changes to facilitate the development of the identified sites. 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 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, 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 by spring 2011. Newport Beach General Plan This program remains appropriate. 140 Housinq Element Table H45 Detailed Housing Program Accomplishments Program Accomplishments Appropriateness Program 3.2.2 Update the Zoning Code to The City completed the update of its Zoning This program is reflect housing opportunities provided in the Code in October 2010 to reflect new housing complete. Land Use Element. opportunities created by the General Plan Housing Element Update. Update Program 3.2.3 When requested by property Ongoing This program remains owners, the City shall approve rezoning of The City continually monitors requests for zone appropriate. developed or vacant property from changes of vacant and developed properties conjunction with Program 2.2.7 The City nonresidential to residential uses when from nonresidential to residential and approves entered into an affordable housing agreement appropriate. These rezoned properties shall be when determined to be compatible and with Seaview Lutheran Plaza in late 2009 to added to the list of sites for residential feasible. When approved, these sites are extend the affordability covenant an additional development. mapped for residential uses on both the zoning 30 years in exchange for $135,000 in district map and General Plan Land Use Map. affordable housing in -lieu funds to replace the Goal H4 Preservation and increased affordability of the City's housing stock for very low -, low, and moderate - income households. Program 4.1.1 Periodically contact owners of Ongoing This program remains affordable units for those developments listed in Staff maintains an updated contact list for appropriate. Table H12 to obtain information regarding their affordable units in conjunction with the 2008 plans for continuing affordability on their Housing Element Update. properties. Program 4.1.2 Consult with the property owners Will be discussed during the Affordable This program remains regarding utilizing CDBG funds and in -lieu Housing Task Force (AHTF) meetings in appropriate. CDBG housing funds to maintain affordable housing conjunction with Program 2.2.7 The City funds are committed to opportunities in those developments listed in entered into an affordable housing agreement payment Section 108 Table H12. with Seaview Lutheran Plaza in late 2009 to Loan during the 2006 - extend the affordability covenant an additional 2014 planning period. 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. Program 4.1.3 Prepare written communication Ongoing This program remains for tenants and other interested parties about Information pamphlets informing prospective appropriate. Orange County Housing Authority Section 8 tenants and landlords about the OCHA opportunities to assist tenants and prospective Section 8 program have been made available tenants to acquire additional understanding of in the public lobby. housing law and related policy issues. In addition, information about the Section 8 program has been posted on the City website. Program 4.1.4 Investigate availability of federal, The City has continued to investigate available This program remains state, and local programs (including in -lieu programs and evaluate the feasibility of appropriate. funds) and pursue these programs if found participating in such programs. 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 ongoing basis. Newport Beach General Plan 141 Housinci Element Program 4.2.1 Investigate the use of federal funds to provide technical and financial assistance, if necessary, to all eligible homeowners and residential rental property owners to rehabilitate existing dwelling units through low- interest loans or potential loans, or grants to very low —, low- and moderate - income, owner - occupants of residential properties to rehabilitate existing units. Program 4.2.2 In accordance with Government Code Section 65863.7, require a relocation impact report as a prerequisite for the closure or conversion of an existing mobile home park. 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 home repair program. Energy efficient products shall be required whenever appropriate. 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 Authority to provide Section 8 Rental Housing Assistance to residents of the community. The City shall, in cooperation with the Housing Authority, recommend and request use of modified fair market rent limits to increase number of housing units within the City that will be eligible to participate in the program. The Newport Beach Planning Division shall prepare and implement a publicity program to educate and encourage landlords within the City to rent their units to Section 8 Certificate holders and to make very low- income households aware of availability of the Section 8 Rental Housing Assistance Program. The City has continued to investigate available programs and evaluate the feasibility of participating in such programs. 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. Ongoing City staff requires special permits for all proposed conversions of mobile home parks. Consistent with state law, a detailed relocation impact report is a requirement for the permit. The need for this program has not yet been demonstrated. This program remains appropriate. This program remains appropriate. This program remains appropriate to consider. City Staff regularly attends the quarterly This program remains meetings of the OCHA Cities Advisory appropriate. Committee. In addition, staff continually works in cooperation with the County to provide Section 8 rental housing assistance to residents. Recently, the City worked with the OCHA to help disseminate information regarding the upcoming opening of the Section 8 waiting list. A link to the Orange County Housing Authority website has been placed on the City website to provide information on the Section 8 program. Program 4.2.5 Participate in a Joint Powers Due to potential legal conflicts, the lease Discontinued Indefinitely Authority of Orange County jurisdictions for the purchase program has been discontinued purpose of financing and administering a lease indefinitely. purchase program for first -time homebuyers. Newport Beach General Plan 142 Housinq Element Goal H5 Housing opportunities for special needs population Program 5.1.1 Apply for United States The City continues to provide CDBG funds to This program remains Department of Urban Development Community homeless shelters and at -risk service appropriate. Development Block Grant (CDBG) funds and providers. In Fiscal year 2007 -2008 the City allocate a portion of such funds to sub - recipients provided funding to Human Options, who provide shelter and other services for the Emergency Transitional Shelter (Orange Coast homeless. Interfaith Shelter), 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 Program 5.1.2 Cooperate with the Orange This has not yet been completed. The City will This program remains County Housing Authority to pursue conduct an analysis of different programs and appropriate. establishment of a Senior /Disabled or Limited the financial feasibility of participating in such Income Repair Loan and Grant Program to programs. The City refers low income underwrite all or part of the cost of necessary residents to Orange County for rehabilitation of housing modifications and repairs. Cooperation mobile homes, to Neighborhood Housing for with the Orange County Housing Authority will first time buyer programs, and to Rebuilding include continuing City of Newport Beach Together for handyman service for low income participation in the Orange County Continuum of and senior households. Care and continuing to provide CDBG funding. Program 5.1.3 Permit, where appropriate, Section 20.48.200 of the Zoning Code This program remains development of "granny" units in single - family provides procedures for the creation of granny appropriate. areas of the City. units pursuant to Government Code Section 65852.1, permitting them in single - family areas of the City with the approval of a minor use permit by the Zoning Administrator.. Program 5.1.4 Consistent with development Emergency shelters are permitted in the OA This program is standards in residential and commercial areas, and PI Zones without the requirement of a use complete. permit emergency shelters and transitional permit. This was provided for with the Zoning housing under group housing provisions in its Code update which was completed in October Zoning Code. 2010. Newport Beach General Plan 14 Housinci Element Program 5.1.5 Work with the City of Santa Ana to provide recommendations for the allocation of HUD Housing Opportunities for Persons with AIDS ( HOPWA) funds within Orange County Program 5.1.6 Maintain a list of "Public and Private Resources Available for Housing and Community Development Activities." On February 9, 2005, the City participated in the 2005 HOPWA Strategy Meeting hosted by the City of Santa Ana, to provide recommendations for the allocation of HOPWA funds for the 2005 program year. As the most populous city in Orange County, the City of Santa Ana receives HOPWA funding from HUD on behalf of the entire County. Authorized uses of these funds include: acquisition, rehabilitation, conversion, or lease of facilities to provide short -term shelter, new construction, project- or tenant -based rental assistance, short -term rent and utility payments, and supportive services. Should the City wish to partner in the acquisition, development, or rehabilitation of affordable housing for persons with HIV/AIDS , the City may request funding at future HOPWA Strategy meetings. Not yet completed. City staff will work to develop and maintain a list of resources that are available for housing and community development activities Goal H6 Equal housing opportunities for all residents Program 6.1.1 Contract with an appropriate fair housing service agency for the provision of fair housing services for Newport Beach residents. The City will also work with the fair housing service agency to assist with the periodic update of the Analysis of Impediments to Fair Housing document required by HUD. The City will continue to provide pamphlets containing information related to fair housing at the Planning Division counter. Program 6.1.2 Support fair housing opportunities by using Community Development Block Grant funds whenever necessary to enact federal, state, and City fair housing policies. The City contracts with the OC Fair Housing Council annually. The City is currently working on an agreement with the Fair Housing Council of Orange County to complete the Regional Fair Housing Impediments Analysis in the 2009 -2010 fiscal year. Pamphlets containing information of Fair Housing and Dispute Resolution Services are available at the public counter. Every year during the planning period, Newport Beach allocated approximately $13,000 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. Newport Beach General Plan This program remains appropriate. This program remains appropriate. This program remains appropriate. This program remains appropriate. 141E Housinq Element Goal H7 Effective and responsive housing programs and policies Program 7.1.1 As part of its annual General Consistent with State Housing Element Law, This program remains Plan Review, the City shall report on the status the City prepares an Annual Housing Element appropriate. of all housing programs. The portion of the Progress Report for submission to HCD. Annual Report discussing Housing Programs is to be distributed to the California Department of Housing and Community Development in accordance with California State Law. Housing Element Coastal Zone Review The City of Newport Beach uses Section 20.86 of the Municipal Code to implement Government Code Section 65590 et seq. Between January 1, 2000, and January 1, 2007, 924 new residential units were approved for construction within the California Coastal Zone. Of these new units, 160 developed as housing affordable to low- income and moderate - income individuals and /or families (Bayview Landing project). During the same time period, the City permitted landowners to demolish 768 residential units within the Coastal Zone for a net increase of 156 units. Of the units demolished, none were occupied by low- income and /or moderate- income persons and /or families. YEAR 2008 -2014 HOUSING PLAN Quantified Objectives The 2006 -2014 Regional Housing Needs Assessment (RHNA) determined the City of Newport Beach had a construction need for 1,784 residential units between January 2006 and January 2014. The total need for each target income group is as follows: Very Low Income (392 units); Low Income (322 units); Moderate Income (362 units); and, Above Moderate Income (708 units). In addition to the goals of constructing new units to satisfy the RHNA, the City has goals to rehabilitate and preserve existing units. As required by State housing law, quantified objectives by income group for the 2008 -2014 planning period are stated in this section. The quantified objectives are the actual number of housing units that the City anticipates can be constructed, rehabilitated, or preserved over the planning period. Newport Beach General Plan 14,5 Housincl Element TableH46 Quantified Objectives Income Group for 2008-2014 New Construction Rehabilitation Preservation Extremely Low Income' 226 50 99 Very Low Income 225 50 33 Low Income 319 5 32 Moderate Income 442 17 0 Above Moderate 702 0 0 Total 1,914 112 195 + Presumed that 50% of the allocated Very Low - Incomes units under RHNA would qualify as Extremely Very Low - Income pursuant to Government Code Section 65583(a)(1). New Construction: Since January 1, 2006, a total of 34 new housing units have been constructed in the community; however, given the home prices within the community, all of the 34 single- family and multi- family units are assumed to be above - moderate- income units. Achieving the remaining new construction goals is expected to be achieved through the redevelopment of several key housing opportunity areas such as Airport Area, Newport Center, Newport Mesa, Banning Ranch, the Balboa Peninsula area, and Mariners' Mile. These areas could potentially accommodate up to 4,751 new residential units based on the realistic development capacity calculated in the Sites Analysis and Inventory. The Airport Area in particular is a key opportunity site within the community that can facilitate the development of housing that is affordable at a variety of income levels. General Plan Policy LU 6.15.6 stipulates that residential units be developed at a maximum density of 50 units per acre and minimum of 30 units per acre. In addition, all future residential development citywide would be subject to the City's Inclusionary Housing Program, which establishes a goal that 15 percent of all new units be affordable to very low -, and low -, and moderate - income households. It is estimated that up to 713 of the 4,751 new residential units could be affordable subject to the provisions of the Inclusionary Housing Program. Affordable units shall be legally restricted to occupancy by households of the income levels for which the affordable units were designated for a period of at least 30 years. Rehabilitation: • This objective includes the rehabilitation and conservation of 100 senior housing units at Seaview Lutheran Plaza Apartments. The project consists of 50 extremely low - income and 50 very low - income senior housing units that experienced significant deterioration of their water delivery system. In 2009, the City granted 5135,000 of Affordable Housing Fund monies to the operator of the apartments to assist with the needed repairs in exchange for an affordability covenant restricting the rents to be affordable to extremely -low and very -low income households for a period of 30 years. • The Affordable Housing Implementation Plan for the 79 unit Santa Barbara Condominium project approved by the City in 2006 and the California Coastal Commission in 2007 requires the conversion and rehabilitation of 12 off -site market -rate rental units. Occupancy of the units is required to be restricted to qualifying moderate- income households and rents are to be restricted for a period of 30 years. The affordability covenant is required to be recorded prior to the issuance of a building permit for the condominium project. Newport Beach General Plan 140 Housinq Element • For the 2010 -2011 fiscal year, the City's One -Year Action Plan required for CDBG funding includes a grant program to assist low- and moderate - income households with the cost of utility hook -ups. Low- and moderate- income homeowners located within proposed utility undergrounding Assessment Districts in the City may be unable to afford to pay for the necessary hook -ups after utilities have been undergrounded and could potentially be left without electricity, thereby creating a health and safety concern for residents. With CDBG funds, the City expects to assist 10 or more low- and moderate - income homeowners (assumed 5 low- income and 5 moderate - income). Preservation: The preservation objective refers to maintaining existing affordable housing through measures such as providing or continuing rent subsidies, enforcing existing affordability covenants, preservation of affordable units at risk of conversion, and implementing land use controls during the planning period. • As of June 30, 2010, a total of 132 Newport Beach low- income residents relied on Section 8 rental assistance vouchers. Based on Section 8 program targets, it is assumed 75% of the voucher holders were extremely low- income (99 units). The quantified objective includes conservation of the 132 Section 8 units /assisted households through continued participation as a member of the Orange County Housing Authority Advisory Committee and cooperation with the Orange County Housing Authority to provide Section 8 Rental Housing Assistance to residents of Newport Beach. The City will also continue to educate and encourage landowners within the City about the benefits of renting their units to Section 8 voucher holders. • The preservation objective utilizes the City's recently adopted Inclusionary Housing Ordinance as a tool to assist the City with the replacement of existing affordable housing developments that convert to market -rate units. The ordinance allows developers to fulfill their affordable housing obligations by renovating and converting existing off -site units to affordable units for a period of 30 years. This option includes at -risk units whose affordability income restrictions are set to expire in three years or less. As the City processes future development projects, it is anticipated that several developers will choose to satisfy their affordable housing obligations through this option, providing a strong tool for the City to replace and preserve existing affordable housing units that are at risk of conversion. • The City will negotiate the extension of existing affordability covenants for the 32 units affordable to low- income households that are set to expire in 2011 and are at risk of converting to market rate apartments. The units are located within the Baywood and North Newport Apartments, both of which are owned and operated by The Irvine Company (TIC). TIC is also the developer of the North Newport Center Planned Community, which includes 430 proposed mixed -use units. The Planned Community Development Plan includes an Affordable Housing Plan (AHIP), which requires the creation of affordability covenants for 29 to 89 existing units, depending on income levels. The units must be rented to households qualifying as very low —, low -, or moderate - income households for a period of at least 30 years. The City is currently negotiating with TIC to extend the affordability covenants for the 32 at- risk low- income units for an additional 40 years, in exchange for modifying the terms of the North Newport Center AHIP. In the event that the City is unsuccessful in negotiating the extension of the covenants, the units required under the AHIP will still serve as a replacement of affordable housing units. Newport Beach General Plan 147 Housing Element Newport Beach Housing Element: Goals, Policies, and Programs Goals for the City include the following: promoting quality residential development through application of sound planning principles and policies that encourage preservation, conservation, and appropriate redevelopment of housing stock; providing a balanced residential community that contains a variety of housing types, designs and opportunities for all economic segments of the community; extending ownership opportunities to as many households as possible, particularly those of moderate and upper incomes because these comprise the greatest demand; preserving and increasing housing affordability, through rental housing, for very low— and low- income households; and, providing housing for special needs groups. The policies and programs described below focus on providing appropriate and affordable housing opportunities and related services to the special needs populations most in need of such in Newport Beach, that is, in particular to senior citizens. Additionally, the policies and programs (particularly under Goals 3, 4, and 5) will ensure that the City will meet its remaining RHNA for very low —, low -, and moderate - income units. For purposes of defining income groups, the Housing Element follows the regulations of Title 25 (Housing and Community Development) of the California Code of Regulations (CCR), Sections 6910 through 6932. The income groups are defined as follows: ■ Very Low — Income: 50 percent or less of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. • Low - Income: 50-80 percent of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. • Moderate - Income: 80-120 percent of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. • Above Moderate — Income: 120+ percent of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. The following affordability standards shall apply to rental and ownership housing: • Maximum household income shall be determined by number of persons in a family or household. • Income shall be in conformance with the limits set forth in 25 CCR X6932. • An ecieney unit shall be considered occupied by one person; a one bedroom occupied by two persons; a two bedroom occupied by four persons; a three bedroom occupied by six persons; and a four bedroom occupied by eight persons. • Rents for very low —, low -, and moderate - income households shall be no more than 30 percent of the income limits set forth in Section 6932. The selling price of a for -sale unit shall be no more than three times the buyer's income. Units may be sold to buyers with qualifying incomes for the limited sales price without regard to the number of persons in the family. Specific Goals, Policies, and Programs of the 2008 -2014 Newport Beach Housing Plan follow. Newport Beach General Plan 142 Housing Element H1 Quality residential development and preservation, conservation, and appropriate redevelopment of housing stock H 1.1 Support all reasonable efforts to preserve, maintain, and improve availability and quality of existing housing and residential neighborhoods, and ensure full utilization of existing City housing resources for as long into the future as physically and economically feasible. Programs Housing Program 1.1.1 Improve housing quality and prevent deterioration of existing neighborhoods by strictly enforcing Building Code regulations and abating Code violations and nuisances. (Imp 23.1,26. 1) Responsibility: Planning Division, Building Division the City Attorney and Code and VaterQuality Enforcement 2008 -2014 Objective: Prepare quarterly report on code enforcement activities. Housing Program 1.1.2 Participate with the Orange County Housing Authority and Housing and Community Development Division in their administration of rehabilitation loans and grants for low- and moderate - income homeowners and rental property owners to encourage preservation of existing City housing stock. (Imp 14.3, 25.1) Responsibility: Planning Division 2008 -2014 Objective. Attend quarterj OCHA (Cities Advisory Committee) meetings to keep up to date on rehabilitation programs offered by the County in order to inform homeowners and rentalproperty owners within the City of opportunities and to encourage preservation of existing housing stock. Housing 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 households within the preceding 12 months. The City shall prohibit demolition unless a Coastal Residential Development Permit has been issued. The specific provisions implementing replacement unit requirements are contained in the Municipal Code. (Imp 1. 1, 5.1) Newport Beach General Plan M 149 Housinq Element Responsibility: Planning Division 2008 -2014 Objective. Use Cbapter 20.34 "Conversion or Demolition of Affordable Housing" to implement Program confinaousy as projeets are submitted. H2 A balanced residential community, comprised of a variety of housing types, designs, and opportunities for all social and economic segments Policies H 2.1 Encourage preservation of existing and provision of new housing affordable to extremely low -, very low —, low -, and moderate- income households. Programs Housing Program 2.1.1 Maintain rental opportunities by restricting conversions of rental units to condominiums unless the vacancy rate in Newport Beach for rental housing is an average 5 percent or higher for four (4) consecutive quarters, and unless the property owner complies with condominium conversion regulations contained in Chapter 20.83 of the Newport Beach Municipal Code. (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective. Complete a vacancy rate survey every quarter to monitor consistency with thisprogram. Housing Program 2.1.2 Take all feasible actions, through use of development agreements, expedited development review, and expedited processing of grading, building and other development permits, to ensure expedient construction and occupancy for projects approved with lower- and moderate- income housing requirements. (Imp 2.1) Responsibility: Planning Division and City Council 2008 -2014 Objective.• Continuously implement program as affordable housing projects are submitted to the City. Housing Program 2.1.3 Participate with the County of Orange in the issuance of tax - exempt mortgage revenue bonds to facilitate and assist in financing, development and construction of housing affordable to low and moderate - income households. (Imp 14.3) Newport Beach General Plan 150 Housing Element Responsibility: Planning Division 2008 -2014 Objective: Continuously implement program per pr ject submittal as the developer applies for these bonds. Housing Program 2.1.4 Conduct an annual compliance- monitoring program for units required to be occupied by very low -, low -, and moderate- income households. (Imp 25.1) Responsibility: Planning Division, 2008 -2014 Objective: Complete review by the last quarter of each year and report ,within the annual General Plan Status Report including Housing Element Report provided to OPR and HCD by April 1" each year. Housing Program 2.1.5 Provide entitlement assistance, expedited entitlement processing, and waive application processing fees for developments in which 5 percent of units are affordable to extremely low- income households. To be eligible for a fee waiver, the units shall be subject to an affordability covenant for a minimum duration of 30 years. The affordable units provided shall be granted a waiver of park in -lieu fees (if applicable) and traffic fairshare fees. (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective. Continuously implement program as affordable bousingprojects are submitted to the City. Housing Program 2.1.6 Affordable housing developments providing units affordable to extremely low- income households shall be given the highest priority for use of Affordable Housing Fund monies. (Imp 25.1.) Responsibilty: Planning Division 2008 -2014 Objective: Continuously implement program as affordable housingprojects are submitted to the City. Roliiv H 2.2 Encourage the housing development industry to respond to housing needs of the community and to the demand for housing as perceived by the industry, with the intent of achieving the Regional Housing Needs Assessment construction goals within six years. Programs 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 percent of all new Newport Beach General Plan 151 Housinq Element 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, or (b) require the preparation of an Affordable Housing Implementation Plan (AHIP) that specifies how the development will meet the City's affordable housing goal, depending on the following criteria for project size: 1. Projects of 50 or fewer units shall have the option of preparing an AHIP or paying the in -lieu fee. 2. Projects where more than 50 units are proposed shall be required to prepare an AHIP. Implementation of this program will occur in conjunction with City approval of any residential Tentative Maps. To insure compliance with the 15 percent affordability requirements, the City will include conditions in the approval of Tentative Maps to require ongoing monitoring of those projects. (Imp 25.1) Responsibility: Planning Division, Planning Commission and City Council 2008 -2014 Objective: Continuously implement program as housing projects are submitted to the City. Housing Program 2.2.2 Periodically review the City's Inclusionary Housing In -lieu fees to ensure it is adequate to support the development of affordable projects. (Imp 25.1) Responsibility: Planning Division, Planning Commission and City Council 2008 -2014 Objective: Review fees every three years beginning in June 2012. Housing Program 2.2.3 Develop a brochure of incentives offered by the City for the development of affordable housing including fee waivers, expedited processing, Inclusionary Housing requirements, and density bonuses and other incentives. Provide a copy of this brochure at the Planning Counter, the website and also provide a copy to potential developers. (Imp 2.1, 25.1) Responsibility: Planning Division 2008 -2014 Objective: Develop the brochure by Summer 2011. Annually update brochure as needed thereafter to provide updated information regarding incentives including updated fees and a reference to the most up to date Site Analysis and Inventory. Housing Program 2.2.4 The City shall provide more assistance for projects that provide a higher number of affordable units or a greater level of affordability. At least 15 percent of units shall be affordable when Newport Beach General Plan 152 Housinq Element assistance is provided from Community Development Block Grant funds or the City's Affordable Housing Fund. (Imp 2.1, 25.1) Responsibility: Planning Division, Planning Commission and City Council 2008 -2014 Objective: Continuously implement program as housing projects are submitted to the City. Housing Program 2.2.5 For new developments proposed in the Coastal Zone areas of the City, the City shall follow Government Code Section 65590 and Title 20. (Imp 5.1) Responsibility: Planning Division and the City Council 2008 -2014 Objective: Use Zoning Code Chapter 20.34 "Conversion or Demolition of Affordable Housing" to implement this program confinuousy asprojeds are submitted, Housing Program 2.2.6 All required affordable units shall have restrictions to maintain their affordability for a minimum of 30 years. (Imp 25.1) Responsibility: Planning Division, City Attorney, and City Council 2008 -2014 Objective: Continuously implement program as housing projects are submitted to the City. Housing Program 2.2.7 Advise and educate existing landowners and prospective developers of affordable housing development opportunities available within the Banning Ranch, Airport Area, Newport Mesa, Newport Center, Mariners' Mile, West Newport Highway, and Balboa Peninsula areas. (Imp 24.1) Responsibility: Planning Division 2008 -2014 Objective: Confinuousy imblementprogram asprospective developers contact City seeking development information. Maintain a designated staff person that can be contacted to provide housing opportunity information and incentives far development of affordable housing. Housing Program 2.2.8 Participate in other programs that assist production of housing. (Imp 14.3, 25.1) Responsibility: Planning Division 2008 -2014 Objective. Attend quarterly OCHA (Cities Advisory Committee) meetings to keep up to date on rebabilitation programs offered by the County in order to confinuousy inform homeowners and rental property owners within the City of opportunities and to encourage preservation of odsting housing stock. Housing Program 2.2.9 New developments that provide housing for lower- income households that help meet regional needs shall have priority for Newport Beach General Plan 163 Housinq Element the provision of available and future resources or services, including water and sewer supply and services. (NR 1.6) (Imp 17.1) Responsibility: Planning Division and Utilities Department 2008 -2014 Objective: Provide a copy of the Housing Element to mater and server service providers. Pursuant to state lam, mater and sewer providers must grant priority to developments that include bousing units affordable to lower income bousebold which is implemented coutinuousy as tbese projects are submitted Housing Program 2.2.10 Implement Chapter 20.32 (Density Bonus) of the Zoning Code and educate interested developers about the benefits of density bonuses and related incentives for the development of housing that is affordable to very low -, low -, and moderate - income households and senior citizens. (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective: Confinuousy hiplement program as bousing projects are submitted to the City. Housing Program 2.2.11 Monitor the impact of Housing Program 2.2.1 and the City's Inclusionary Housing Ordinance on the overall production of housing within the City. Considerations shall include whether the inclusionary program results in cost shifting where the costs of subsiding the affordable units is underwritten by the purchasers of market -rate units in the form of higher prices. (Imp 25.1) Responsibility: Planning Division 2008-2014 Objective: Annualy report staff's findings witbiu the annual General Plan Status Report including Housing Element Report provided to OPR and HCD by April 1" eachyear. H 2.3 Approve, wherever feasible and appropriate, mixed residential and commercial use developments that improve the balance between housing and jobs. Programs Housing Program 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 Newport Beach General Plan 154 Housinq Element labor force of the project and for any restrictions on development due to the "Charter Section 423" initiative. (Imp 25.1) Responsibility: Planning Division and Planning Commission 2008 -2014 Objective.- Continuously implement program as housing projects are submitted to the City. H3 Housing opportunities for as many renter- and owner - occupied households as possible in response to the demand for housing in the City. Policies H 3.1 Mitigate potential governmental constraints to housing production and affordability by increasing the City of Newport Beach role in facilitating construction of affordable housing for all income groups. Programs Housing Program 3.1.1 Provide a streamlined "fast- track" development review process for proposed affordable housing developments. (Imp 2.1) Responsibility: Planning and Building Division 2008 -2014 Objective: Confinuousy hViement program as housing projects are submitted to the City. Housing Program 3.1.2 When a residential developer agrees to construct housing for persons and families of very low, low, and moderate income above mandated requirements, the City shall (1) grant a density bonus as required by state law and /or (2) provide additional incentives of equivalent financial value. (Imp 2.1) Responsibility: Planning Division 2008 -2014 Objective: Continuously implement provisions of Chapter 20.32 Density Bonus in the Zoning Code as bousiagprajects are submitted to the City. 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 coverage, etc.) at the discretion of City Council and Planning Commission for developments Newport Beach General Plan 1515 Housinq Element containing very low —, low- and moderate- income housing. (Imp 2.1) Responsibiliy: Planning Commission and City Council 2008 -2014 Objective: Continuously implement program as housing projects are submitted to the City. Housing Program 3.1.4 The City will encourage and facilitate residential and mixed -use development on vacant and underdeveloped sites listed in Appendix H4 by providing technical assistance to interested developers with site identification and entitlement processing. The City will support developers funding applications from other agencies and programs. The City will post the Sites Analysis and Inventory on the City's webpage and marketing materials for residential and mixed -use opportunity sites, and will equally encourage and market the sites for both for -sale development and rental development. To encourage the development of affordable housing within residential and mixed -use developments, the City shall educate developers of the benefits of density bonuses and related incentives identify potential funding opportunities, offer expedited entitlement processing, and offer fee waivers and /or deferrals. (Imp 2.1) Responsibility: Planning Division 2008 -2014 Objective: Continuously implement program as housing projects are submitted to the Ciy. The Site Analysis and Inventory posted on the Ciy's rvebpage by Summer 2011. Update the Site Analysis and Inventory annually and provide information to interested developers. Housing Program 3.1.5 The City will monitor and evaluate the development of vacant and underdeveloped parcels on an annual basis and report the success of strategies to encourage residential development in its Annual Progress Reports required pursuant to Government Code 65400.. If identified strategies are not successful in generating development interest, the City will respond to market conditions and will revise or add additional incentives. (Imp 2.1) Responsibiliy: Planning Division 2008 -2014 Objective: Annually report staffs findings nitbin the annual General Plan Status Report including Housing Element Report provided to OPR and HCD by April 1" eachyear. Newport Beach General Plan 150 Housinq Element H 3.2 Enable construction of new housing units sufficient to meet City quantified goals by identifying adequate sites for their construction. Development of new housing will not be allowed within the John Wayne Airport QWA) 65 dB CNEL contour, no larger than shown on the 1985 JWA Master Plan. Programs Housing Program 3.2.1 When requested by property owners, the City shall approve rezoning of developed or vacant property from nonresidential to residential uses when appropriate. These rezoned properties shall be added to the list of sites for residential development. (Imp 2.1) Responsibility: Planning Division, Planning Commission and City Council 2008 -2014 Objective: Continuously implement program as property owners bring their requests to the City. Housing Program 3.2.2 Recognizing that General Plan Policy LU6.15.6 may result in a potential constraint to the development of affordable housing in the Airport Area, the City shall amend the General Plan and /or establish a waiver or exception to the minimum 10 -acre site requirement. It is recognized that allowing a smaller scale development within an established commercial and industrial area may result in land use compatibility problems and result in a residential development that does not provide sufficient amenities (i.e. parks) and /or necessary improvements (i.e. pedestrian walkways). Therefore, it is imperative that the proposed waiver include provisions for adequate amenities, design considerations for the future integration into a larger residential village, and a requirement to ensure collaboration with future developers in the area. (Imp 25.1) Responsibility: Planning Division, Planning Commission and City Council 2008 -2014 Objective: Staff sball study and develop a plan for the City Council's consideration by Spring 2012. Housing Program 3.2.3 The City shall amend the Newport Place (PC 11) and Koll Center (PC 15) Planned Community texts to allow residential developments that include: 1) a minimum of 30 percent of the units affordable to lower - income households; and 2) densities between 30 du /acre and 50 du /acre consistent with the MU -1-12 General Plan land use designation and policies for the Airport Area. It is recognized that adding residential as a permitted use where it was not allowed previously might require additional Newport Beach General Plan 157 Housinq Element design attention to integrate uses. Therefore, the Planned Community Amendments will add residential uses as permitted by right subject to a site plan review to ensure integration within the existing area. The City will monitor commercial redevelopment within the Airport Area to ensure sufficient residential capacity remains to accommodate the City's RHNA for lower - income households. Should residential capacity be reduced to a level that cannot accommodate the City's remaining need for lower- income households citywide, the City will identify and zone, if necessary, sufficient sites in an alternative location to accommodate the City's RHNA (Imp 25.1) Responsibility: Planning Division, Planning Commission and City Council 2008 -2014 Objective: Staff sball prepare a City initiated Planned Community Amendment for Planning Commission and City Council review by Spring o(2012. H4 Preservation and increased affordability of the City's housing stock for extremely low -, very low —, tow -, and moderate - income households. H 4.1 Continue or undertake the following programs to mitigate potential loss of "at- risk" units due to conversion to market -rate units. These local efforts utilize existing City and local resources. They include efforts to secure additional resources from public and private sectors should they become available. Programs Housing Program 4.1.1 Annually contact owners of affordable units for those developments listed in Table H12 as part of the City's annual monitoring of affordable housing agreements to obtain information regarding their plans for continuing affordability on their properties and to encourage the extension of the affordability agreements for the developments listed in Table H12 beyond the years noted (Imp 25.1) Responsibility: Planning Division Newport Beach General Plan 152 Housinq Element 2008 -2014 Objective: Conduct as part of the annual compliance - monitoring program required by Program 2.1.4. Contact list shall be provided on City website and updated annually. Housing Program 4.1.2 The City shall register as a Qualified Preservation Entity with HCD to ensure that the City will receive notices from all owners intending to opt out of their Section 8 contracts and /or prepay their HUD insured mortgages. Upon receiving notice that a property owner of an existing affordable housing development intends to convert the units to a market -rate development, the City shall consult with the property owners and potential preservation organizations regarding the potential use of CDBG funds and /or Affordable Housing Fund monies to maintain affordable housing opportunities in those developments listed in Table H12 or assist in the non - profit acquisition of the units to ensure long -term affordability. (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective: Register as a,Qualied Preservation entity with HCD by Summer of 2011. Continuously implement program as notices are received from property owners. Housing Program 4.1.3 Continue to maintain information on the City's website and prepare written communication for tenants and other interested parties about Orange County Housing Authority Section 8 opportunities to assist tenants and prospective tenants to acquire additional understanding of housing law and related policy issues. (Imp 14.3) Responsibility: Planning Division 2008 -2014 Objective. Attend quarterly OCHA (Cities Advisory Committee) that provide updates on OCHA Section 8 waiting lest and housing opportunities to ensure information provided on City website is up -to- date. If Section 8 waiting is opened, promote the availability of the program through marketing materials made available to the public Housing Program 4.1.4 Investigate availability of federal, state, and local programs (including Affordable Housing Fund monies) and pursue these programs if found feasible, for the preservation of existing low - income housing, especially for preservation of low- income housing that may convert 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 ongoing basis. (Imp 14.3, 25.1) Responsibility: Planning Division Newport Beach General Plan M 1�" Housinq Element 2008 -2014 Objective: Investigate availability of programs in February of each year, when new funding opportunities are typically announced. Housing Program 4.1.5 The City shall inform and educate owners of affordable units of the State Preservation Notice Law (Government Code Section 65863.10 -13), if applicable. Pursuant to the law, owners of government- assisted projects cannot terminate subsidy contract, prepay a federally- assisted mortgage, or discontinue use restrictions without first providing an exclusive Notice of Opportunity to Submit an Offer to Purchase. Owners proposing to sell or otherwise dispose of a property at any time during the five years prior to the expiration of restrictions must provide this Notice at least 12 months in advance unless such sale or disposition would result in preserving the restrictions. The intent of the law is to give tenants sufficient time to understand and prepare for potential rent increases, as well as to provide local governments and potential preservation buyers with an opportunity to develop a plan to preserve the property. This plan typically consists of convincing the owner to either (a) retain the rental restrictions in exchange for additional financial incentives or (b) sell to a preservation buyer at fair market value. (Imp 25.1 Responsibility: Planning Division 2008 -2014 Objective. Conduct as part of the annual compliance - monitoring program required y Program 2.1.4. Policy H 4.2 Maintain and preserve existing City housing stock and improve energy efficiency of all housing unit types (including mobile homes). Programs Housing Program 4.2.1 Investigate the use of federal funds to provide technical and financial assistance, if necessary, to all eligible homeowners and residential rental property owners to rehabilitate existing dwelling units through low- interest loans or potential loans, or grants to very low —, low- and moderate- income, owner - occupants of residential properties to rehabilitate existing units. (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective: Investigate availability of programs in Februay of each year, mben near funding opportunities are typicaly announced. Newport Beach General Plan � iI Housinq Element Housing Program 4.2.2 In accordance with Government Code Section 65863.7, require a relocation impact report as a prerequisite for the closure or conversion of an existing mobile home park. (Imp 25.1) Responsibility: Planning Division and the Slate of California. (The state will determine acceptability of the relocation impact report) 2008 -2014 Objective. Continuously implemented program as projects are submitted to the City. 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 home repair program. Energy efficient products shall be required whenever appropriate. (Imp 25.1) Re ponsibilio: Planning Division 2008 -2014 Objective. Continually monitor requests for assistance and Code Enforcement quarterj reports. 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 Authority to provide Section 8 Rental Housing Assistance to residents of the community. The City shall, in cooperation with the Housing Authority, recommend and request use of modified fair market rent limits to increase number of housing units within the City that will be eligible to participate in the program. The Newport Beach Planning Division shall prepare and implement a publicity program to educate and encourage landlords within the City to rent their units to Section 8 Certificate holders and to make very low- income households aware of availability of the Section 8 Rental Housing Assistance Program. (Imp 14.3) Responsibility: Planning Division 2008 -2014 Objective: Attend quarterj OCHA (Cities Advisory Committee). Continue to maintain information on City s websue informing landlords of the program benefits of accepting Section 8 Certificate holders. Housing Program 4.2.5 Developers that choose to meet the inclusionary housing requirements of Housing Program 2.2.1 through the renovation and conversion of existing off -site units in the City to affordable units shall be required to substantially renovate and improve the livability and aesthetics of the units for the duration of the affordability period and include energy conserving retrofits that will contribute to reduced housing costs for future occupants of the units. (Imp 25.1) Recponsibili'o: Planning Division Newport Beach General Plan 1/'01 Housinq Element Newport Beach General Plan 162 2008 -2014 Objective. Continuously implement program as housing projects are submitted to the City. Housing Program 4.2.6 Implement and enforce the recently adopted Water Efficient Landscape Ordinance and Landscape and Irrigation Design Standards in compliance with AB 1881 (2006). The ordinance establishes standards for planning, designing, installing, and maintaining and managing water - efficient landscapes in new construction and rehabilitated projects. (Imp 17.1, 25.1) Responslbiliiy: Planning Division 2008 -2014 Objective: Continuously implement program as bousing projects are submitted to the City. Housing Program 4.2.7 Affordable housing developments that receive City assistance from Community Development Block Grant funds or from the City's Affordable Housing Fund shall be required, to the extent feasible, include installation of energy efficient appliances and devices, and water conserving fixtures that will contribute to reduced housing costs for future occupants of the units. (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective: Continuously implement program as housing pr jects are awarded funds from the City. Housing Program 4.2.8 Investigate the feasibility and benefits of using a portion of its Community Development Block Grant funds for the establishment and implementation of an energy conserving home improvements program for lower- income homeowners. (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective: Complete investigation by Fall of 2011. Housing Program 4.2.9 Establish a process for LEED certified staff members to provide development assistance to project proponents seeking LEED certification, which will in turn increase the LEED points granted to projects. (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective: Establisb process by Fall of 2011. Housing Program 4.2.10 To encourage voluntary green building action, the City will institute a green recognition program that may include public recognition of LEED certified buildings, payment of a display advertisement in the local newspaper recognizing the achievements of a project, or developing a City plaque that will be granted to exceptional developments. (Imp 25.1) Newport Beach General Plan 162 Housinq Element Responsibility: Planning Division, City Council 2008 -2014 Objective: Develop program by Fall of 2011. H5 Housing opportunities for special needs populations. H 5.1 Encourage approval of housing opportunities for senior citizens and other special needs populations. Programs Housing Program 5.1.1 Apply for Communiry Development Block Grant funds and allocate a portion of such funds to sub - recipients who provide shelter and other services for the homeless. (Imp 25.1) Responsibility: Planning Division and the City Council 2008 -2014 Objective: Continue to annual# apply for CDBG funds and submit Annual Action Plan to HUD in May of eachyear. 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 Grant Program to underwrite all or part of the cost of necessary housing modifications and repairs. Cooperation with the Orange County Housing Authority will include continuing City of Newport Beach participation in the Orange County Continuum of Care and continuing to provide CDBG funding. (Imp 143) Responsibility: Planning Division and the City Council 2008 -2014 Objective. Attend quarterly OCHA (Cities Advisory Committee) meetings to keep up to date on rehabilitation programs offered by the Count in order to continuously inform homeowners and rental properly owners within the City of opportunities and to encourage preservation of existing housing stook Housing Program 5.1.3 Permit, where appropriate, development of "granny" units in single - family areas of the City. (Imp 2.1) Responsibiliy: Planning Division 2008 -2014 Objective: Continuously implement program as housing projects are submitted to the City. Newport Beach General Plan 100 Housinq Element Housing Program 5.1.4 Work with the City of Santa Ana to provide recommendations for the allocation of HUD Housing Opportunities for Persons with AIDS (HOPWA) funds within Orange County. (Imp 14.3) Responsibility: Planning Division 2008 -2014 Objective.- Attend annual HOPWA strategy meetings for the County. Housing Program 5.1.5 Maintain a list of "Public and Private Resources Available for Housing and Community Development Activities." (Imp 25.1) Responsibility: Planning Division 2008 -2014 Objective. Upload list to the City's uebsite by Summer of 2011. Housing Program 5.1.6 Encourage the development of day care centers and community parks as a component of new affordable housing constructed as part of the requirements of the City's Inclusionary Housing Ordinance. (Imp 2.1) Responsibility: Planning Division, Planning Commission and City Council 2008 -2014 Objective. Continuously implement program as housing projects are submitted to the City. Housing Program 5.1.7 Amend the Zoning Code to include a definition of Single Room Occupancy (SRO) Residential Hotels and add provisions that would permit SROs within the commercial and office zoning districts with the approval of a use permit. No standard set of conditions or use restrictions on SROs shall be established; instead, each application should be evaluated individually and approved based upon its own merits and circumstances. (Imp 2. 1, 25.1) Responsibility: Planning Division, Planning Commission and City Council 2008 -2014 Objective: Adoption of the amendment shall be completed by the end of Fall 2011. Newport Beach General Plan 104 Housinq Element H6 Equal housing opportunities for all residents H 6.1 Support the intent and spirit of equal housing opportunities as expressed in Title VII of the 1968 Civil Rigbts Act, California Rumford Fair Housing Act, and the California Unrub Civil Rights Act. Programs Housing Program 6.1.1 Contract with an appropriate fair housing service agency for the provision of fair housing services for Newport Beach residents. The City will also work with the fair housing service agency to assist with the periodic update of the Analysis of Impediments to Fair Housing document required by HUD. The City will continue to provide pamphlets containing information related to fair housing at the Planning Division counter. (Imp 14.3) Responsibility: Planning Division and City Attorney 2008 -2014 Objective: Adopt Analysis of Impediments to Fair Housing (2010 -2015) by Summer of 2011. Provide pampblets on an on- going basis, H7 Effective and responsive housing programs and policies. H 7.1 Review the Housing Element on a regular basis to determine appropriateness of goals, policies, programs, and progress of Housing Element implementation. Programs Housing Program 7.1.1 As part of its annual General Plan Review, the City shall report on the status of all housing programs. The portion of the Annual Report discussing Housing Programs is to be distributed to the Newport Beach General Plan 105 Housinq Element California Department of Housing and Community Development in accordance with California state law. (Imp. 1.4, 14.5) Responsibility: Planning Division 2008 -2014 Objective: Annually report staffs findings nitbm the annual General Plan Status Deport including Housing Element Report provided to OPR and HCD by April I' eacbyear. Newport Beach General Plan f r,C; Housinq Element Contact Name Contact Into Street Address City-ST-ZIP Allison Kunz Olson The Olson Company 3020 Old Ranch Parkway, Ste 400 Seal Beach, CA 90740 Alix Wisner Laing Urban 10950 Washington Blvd, Ste 200 Culver City, CA 90232 Ashley Wright So. Cal Housing Development Corp 9065 Haven Ave., Ste 100 Rancho Cucamonga, CA 91730 Barry A. Cottle C & C Development Co., LLC 1110 E. Chapman Avenue, Ste 220 Orange, CA 92866 Barry Saywitz 4740 Von Kerman Avenue, #100 Newport Beach, CA 92660 Bart G. Hess Orange County Affordable Home Ownership Alliance 2 Park Plaza, Ste 100 Irvine, CA 92614 Ben Anderson 17780 Fitch Street, #120 Irvine, CA 92614 Beverly Schuberth Kennedy Commission 17701 Cowan Ave., Ste 200 Irvine, CA 92614 Brian J. Flornes Vintage Senior Housing, LLC 359 San Miguel Drive, Ste 300 Newport Beach, CA 92660 Brad Kuish PO Box 762 Corona del Mar, CA 92625 Bryan Starr Orange County Chapter BIA 17744 Sky Park Circle, Ste 170 Irvine, CA 92614 Carol Mentor McDermott Government Solutions Inc. 230 Newport Center Drive, Ste 210 Newport Beach, CA 92660 Cesar Covarrubias Kennedy Commission 17701 Cowan Ave., Ste 200 Irvine, CA 92614 Chris Yelich Brooks Street 1300 Quail, Ste 100 Newport Beach, CA 92660 Dan Miller The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Eric Welton 2855 E Coast Hwy, #200 Corona del Mar, CA 92625 Christine Iger Iger & Associates 2102 Business Center Drive, Ste 142 Irvine, CA 92612 Ezequiel Gutierrez Jr. Public Law Center 601 Civic Center Drive West Santa Ana, CA 92701 George L. Basye Aare Energy LLC 3030 Saturn Street, Ste 101 Brea, CA 92821 Greg Lee 2435 E Coast Hwy, Ste 2 Corona del Mar, CA 92625 Greg Olafson Steadfast Companies 20411 S.W. Birch Street, Ste 200 Newport Beach, CA 92660 Gregg Ramirez City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 JB Collins 2025 W Balboa Blvd., #2A Newport Beach, CA 92663 Jack Daft 109 30th Street Newport Beach, CA 92663 Jack Herron 161 Fashion Lane, #110 Tustin, CA 92780 Jake Cisneros Conexant Systems, Inc. 4000 MacArthur Blvd Newport Beach, CA 92660 Jessie Barkley PBS &J 12301 Wilshire Blvd, Ste 430 Los Angeles, CA 90025 JoAnn Ulvan Bridges America Foundation, Inc. 18837 Brookhurst St., Ste 303 Fountain Valley, CA 92708 John Adams John S. Adams & Associates 5100 Birch Street Newport Beach, CA 92660 John O'Brien Brookfield Homes 3090 Bristol Street, Ste 200 Costa Mesa, Ca 92626 John Seymour III So. Cal Housing Development Corp 9065 Haven Ave., Ste 100 Rancho Cucamonga, CA 91730 John E. Young World Premier Investments 3 Imperial Promenade, Ste 550 South Coast Metro, CA 92707 Newport Beach General Plan 1C,7 Housinq Element Contact Name Contact Into Street Address City-ST-ZIP Joshua Haskins Iger & Associates 2102 Business Center Drive, Ste 142 Irvine, CA 92612 Kathleen M. Crum CAA Planning 85 Argonaut, Ste 220 Aliso Viejo, CA 92656 Kathy Marvick LE Plastrier Development Consulting 19800 MacArthur Blvd., Ste 1150 Irvine, CA 92612 Kevin Russell Affordable Housing Partners 2424 S.E. Bristol Street, Ste 330 Newport Beach, CA 92660 Kevin Weeda 429 W 30th St Newport Beach, CA 92663 Lawrence Herman Jamboree Housing Corporation 2081 Business Center Drive, Ste 216 Irvine, CA 92612 Laura Archuleta Jamboree Housing Corporation 2081 Business Center Drive, Ste 216 Irvine, CA 92612 Margie Wakeham Families Forward 9221 Irvine Blvd Irvine, CA 92618 Marianne Moy 1560 Ventura Blvd., 7th Floor Encino, CA 91436 Marice White Government Solutions Inc. 230 Newport Center Drive, Ste 210 Newport Beach, CA 92660 Mark Lee 2435 E Coast Hwy, Ste 2 Corona del Mar, CA 92625 Mark Whitehead 161 Fashion Lane, #110 Tustin, CA 92780 Miguel Hargrove 702 Randolph Avenue, Ste A Costa Mesa, CA 92626 Mike Kaser PO Box 10637 Newport Beach, CA 92658 Mike Mohler Brooks Street 1300 Quail, Ste 100 Newport Beach, CA 92660 Pamela Sapetto Sapetto Government Solutions Inc. 2 Park Plaza, Ste 1220 Irvine, CA 92614 Patricia C. Whitaker Orange Housing Development Corporation 414 E. Chapman Avenue Orange, CA 92866 Paul F. Fruchbom KDF Holdings, L.L.C. 4685 MacArthur Court, Ste 422 Newport Beach, CA 92660 Paula Burner -Lund HCD - Orange County Housing Authority 1770 N. Broadway Santa Ana, CA 92706 Phillip Bettencourt Bettencourt & Associates 110 Newport Center Drive, Ste 150 Newport Beach, CA 92660 Richard E. Lamprecht The Irvine Company 110 Innovation Drive Irvine, CA 92617 Russ Fluter 2025 W Balboa Blvd Newport Beach, CA 92663 Sam Velth Sun Cal Companies - South Coastal Division 2392 Morse Avenue Irvine, CA 92614 Steve Castles Shea Homes 655 Brea Canyon Road Walnut, CA 91789 Steve Schapel ETCO Homes 2222 Newport Blvd, 2nd Floor Newport Beach, CA 92663 Steve Zotovich 1900 Main St, #350 Irvine, CA 92614 Timothy O'Connell Century Housing 1000 Corporate Pointe, Ste 200 Culver City, CA 90230 Todd Schooler 301 E 17th St Costa Mesa, CA 92627 William A. Witte The Related Companies of California 18201 Von Kerman Avenue, Ste 400 Irvine, CA 92612 Habitat for Humanity of Orange County 2200 S. Richey Street Santa Ana, CA 92705 LINC Housing 110 Pine Avenue, Ste 500 Long Beach, CA 90802 Meta Housing 1640 S. Sepulveda Blvd., Ste 425 Los Angeles, CA 90025 Nicholson Construction 1421 N Wanda Rd, #160 Orange, CA 92867 Newport Beach General Plan a Housinq Element Orange County HousingAutbonty —The County offers rental assistance for those individuals and families in the County in danger of becoming homeless. The Section 8 "Certificate" and "Housing Voucher" programs were established by federal law. Both provide rental assistance for low- income persons (those having incomes 80 percent or less of the County median income) in need of decent, safe, and sanitary housing. The "Certificate" program requires families pay a portion of their rent, but an amount not to exceed 30 percent of their adjusted income. Total amount of the rental unit must be approved by the Housing Authority based on utilities, location, and the condition of each rental dwelling. Additionally, total rent must fall within Housing Authority Fair Market Rent limits. It should be noted that United States Department of Housing and Urban Development regulations were modified in October, 2000 to allow Section 8 monies to be used for home purchases in addition to rental assistance. The "Housing Voucher" program allows families to pay more than 30 percent of their adjusted income toward rent should they wish to rent a housing unit that has a rent greater than Fair Market Rent. Families pay the difference between the rental price of the dwelling and the Housing Authority portion of the rent.. No assistance is provided to the renter should the renter choose a unit more expensive than Fair Market Rent. According to the Orange County Housing Authority, there are more than 2,000 Certificates in existence in Orange County. Fair Housing Council of Orange County —The City of Newport Beach has worked in conjunction with the Fair Housing of Orange to affirmatively further fair housing opportunities in this community. The Fair Housing of Orange "actively supports and promotes freedom of residence through education, advocacy and litigation to the end that all persons have the opportunity to secure the housing they desire and can afford, without regard to their race, color, religion, gender, sexual orientation, national origin, familial status, marital status, disability, ancestry, age, source of income or other characteristics protected by law." The Fair Housing of Orange provides a wide array of programs and services to its clients free of charge and which are available in a number of different languages to residents, housing professional and community service providers under contracts with the City of Newport Beach, an many other communities throughout the County. Families Forward: Families Fonvard Transitional Housing Program (THP� —THP serves homeless families with children and provides transitional housing. Families may stay up to two years and are required to pay 30 percent of their income on rent. Families are also linked with appropriate supporting resources and counseling. OASIS Senior Center —This is a multi- purpose center dedicated to meeting needs of senior citizens and their families. OASIS estimates as many as 75 percent of its clients are residents of Newport Beach. OASIS offers classes in art, exercise, mature driving, topics of enrichment, and computers and arranges social groups for those who share hobbies and interests. The Center travel department coordinates day and overnight trips. OASIS offers transportation programs (three vans) for Newport Beach seniors who have disabilities that limit their access to public transportation. This shuttle program provides transportation from senior citizens' homes to the Senior Center. A Care -A -Van Newport Beach General Plan M Housinq Element program is available for those senior citizens who require transportation for medical appointments, grocery shopping, and banking. OASIS distributes information about job openings that might interest seniors who wish to supplement their retirement income or to remain active through part -time work. OASIS offers various health services for seniors. Support groups meet regularly at the Center to help senior citizens and their families cope with stress, illness, life transitions, and crises. Informational and supportive counseling is available to seniors and their family members on an individual basis. OASIS also offers a lunch program for active and homebound senior citizens ages 60 and older that is funded by the federal government through the Older American Act. A donation is requested for meals, which are provided by South County Senior Services. Assistance League ofNen(iortMera —This is a nonprofit volunteer service organization that assesses and helps meet the physical, material, emotional and cultural needs of the children in our community through self - funded, ongoing philanthropic projects. Programs include "Children's Dental Health Care Center" providing oral hygiene instruction, general dentistry, orthodontia, and endodontics. The Assistance League also provides "Operation School Bell" providing clothing, shoes, school uniforms, and backpacks at no cost to children of low- income families. Still another program includes "Kids on the Block," a nationally recognized educational program that teaches young adults increased understanding and tolerance for fellow classmates who have learning disabilities, physical handicaps or special emotional needs. The latest program, "The Community Outreach Program" provides funding for supplies used in supervised study programs for developmental education, parenting classes and counseling, living expenses for single parents, and day care at accredited facilities. Human Opions: Community Resource Center —Human Options offers a wide variety of counseling and education programs to help victims and their family members deal with the effects of domestic violence. Services include crisis intervention, individual counseling for adults, support groups, legal advocacy, education, referrals, therapy, and emergency shelter. Saddleback Community Outrzacb —This center is a nonprofit organization that opened in August 1989. It is funded with federal (Super NOFA) monies, monies from local jurisdictions, and monies from faith - based organizations in the following areas: "in- kind" Donations Programs; Sponsorship and Underwriting for Programs and Fundraising Events; Housing Fund Donations; Food Drives; and, "Adopt -A- Family" Holiday Programs (which provides a holiday meal at Thanksgiving and holiday meal and gifts in December). The major objective of Saddleback Community Outreach programs and services is to help those assisted become self - supportive. This organization operates without paid administrators. The Emergency Lodging Program is intended for homeless families needing temporary housing until a permanent residence is established. The Housing Assistance Program is intended for families needing an interest free loan to prevent eviction or to assist with move -in costs. The Interfaith Shelter Program is a six -month program available for homeless singles seeking employment, shelter, and counseling. The Transitional Housing Program is a two -year program for homeless families. Applicants are screened by the Housing Committee to assess each family's ability to pay a reduced rent in a condominium, maintain employment, set goals, meet commitments, and attend practical counseling for budget management. Saddleback Community Outreach also will pay a portion of a family's utility bill to help avoid disconnection of services. Additional services include vouchers for adults and children to obtain clothing at local thrift stores, gasoline vouchers or bus tickets for transportation to job interviews or physician appointments, donation of automobiles contributed to Saddleback Community Outreach to clients in need, medical prescription vouchers for pre - screened families or individuals, "motivational counseling" to help restore hope and confidence, "practical counseling" to assist in goal setting, budget management and future planning, and referrals to local agencies for other counseling needs. Newport Beach General Plan 170 Housinq Element Sewing People in Need (SPIN)--SPIN assists low- income and homeless people with financial assistance for housing costs and through a network of comprehensive support services, enables them to become self - sufficient and no longer dependent on public support. SPIN offers 3 different programs: • GAPP (Guaranteed Apartment Payment Program) which offers low- income and homeless families with children (1 adult must be working full-time) with move -in costs to permanent housing. The program also requires mandatory, comprehensive case management lasting up to 2 years which includes family advisors, tutors for children, childcare cost subsidies, personal and job counseling and budgeting skills. • The SARP ( Substance Abuse rehabilitation Program) program offers participants move -in costs to a recovery home, counseling, bus passes to locate employment and eligibility to the GAPP program if sobriety is maintained for 12 -18 months. • The Street Services Program involves volunteers preparing and delivering a sack meal, hygiene kits and seasonal clothing to the homeless living on the streets South County Senior Services— is a regional nonprofit charitable organization that has as its mission to promote, advocate, and improve quality of life, dignity, and independence of the elderly. This organization serves approximately 10,000 seniors annually in its combined programs. South County Senior Services receives funding from federal grants, project income, MediCal, client fees, USDA, funding drives, and special events. South County Senior Services provides medical treatment programs for adults eighteen years or older with disabilities or impairments who are at risk of institutionalization, including nursing services, occupational and physical therapy, speech therapy, nutrition, music therapy, counseling, supervised social and educational activities, exercise, special events, music, and art to delay institutionalization and social isolation. South County Senior Services has an Alzheimer's treatment center and an in -home assessment program to determine needs of frail seniors, 60 years of age and older, and to establish a Plan -of -Care for services needed to assist seniors to maintain independence in their own homes for as long as possible. A transportation program coordinates lift- equipped paratransit services for senior centers. A referral service for In -Home Providers is offered to help seniors maintain independence in their own homes for as long as possible. Various programs and services are offered to meet educational, recreational, social, and human service needs of the elderly population. The Shared Housing Program was designed for seniors and various age groups to share their existing homes for companionship and relief from financial burden of housing costs for short- or long -term tenures. This Program had operated throughout the 1990s, but was discontinued in 2000 because the County of Orange discontinued Community Development Block Grant Funds for the Shared Housing Program. The Mobile Meals program provides home - delivered meals to individuals who are homebound due to age, illness, or disability. YMCA —The Newport Beach YMCA offers physical activities classes and personal hygiene facilities. YVCA Hotel for Women —The YWCA Hotel for Women provides shelter, food, counseling, job - search, and housing- search assistance for homeless women. Friends in Service to Humanity—This agency (established in 1968) assists more than 5,900 families in Orange County. These families consist of more than 24,000 individuals, of whom more than 12,500 are children. Friends in Service to Humanity provides the following services: rental assistance to avoid eviction; "mobile meals to the home bound; transitional housing with case management; food; child care subsidies for low- income working parents; utility payments to avoid disconnections; baby diapers Newport Beach General Plan M 171 Housinq Element and infant formula; "adopt -a- family" program during the holidays; medical, dental, and shopping transportation; and, transportation costs for employment. Human Options. Community Resource Center —Human Options provides emergency shelter, food, clothing, counseling, and legal advocacy to battered women and their children. American Red Cross —The Red Cross assists persons temporarily displaced from their residence due to disasters such as fires. From 1994 to the present, the Red Cross reported helping 55 Newport Beach residents involved in 3 incidents. This agency does not request CDBG funding from the City. Other volunteer groups and local religious organizations serve Newport Beach by providing temporary shelter, bus fares to reach pre - planned destinations, rental assistance, medical assistance, food, and clothes to the homeless and other needy persons /families. Several motels in the Newport Beach -Costa Mesa area are utilized by various agencies to accommodate homeless persons. These agencies pay all or a portion of the costs. An undetermined number of transients or chronically homeless individuals pass through Newport Beach. Much of this depends on opportunities and conditions presented to these individuals within Newport Beach and the surrounding communities. Housing needs of these individuals include transitional housing in the form of single -room occupancy units (SRO) and emergency and transitional shelters. Name PersonstGrou s Served Location Number or Beds American Veterans Veterans with families Santa Ana 10 Assistance Corp. Anaheim Interfaith /Halcyon Families with children Anaheim 34 Shelter Anchor House Families San Clemente 14 Annie's House People afflicted with HIVIAIDS Costa Mesa 10 Armory (Cold Weather Singles; Couples; Families Fullerton; 250 Program) Santa Ana Bethany Single, employed women who have successfully completed Orange 7 a shelter program Beyond Shelter- Transitional shelter for single women; may be dually Fullerton 10 YWCA diagnosed or have substance abuse issues Birch I and II Santa Ana Adult Males (Birch I); Youth (ages 18-21) who are working or Santa Ana 11 Facility attending school and moving toward independence (Birch ll) Casa Teresa Single pregnant women, 18 years of age or older with no Orange 28 children; client expected to work or attend school Casa Youth Shelter Ages 12 -17; accepts pregnant teens Los Alamitos 25 Catholic Charities Families Santa Ana 18 Christian Temporary Families Orange 60 Housing CSP Youth Shelter Ages 11 -17 Laguna Beach 6 Dayle McIntosh Center Disabled Individuals/ Families with Disabled Members Anaheim 7 For The Disabled Newport Beach General Plan 1�2 Housinq Element Name Persons7Grou s Served Location Number of Beds Transitional housing for families or single parents with El Modena children; must be employed and moving toward independent Orange 30 -35 living; 70% of income must be saved by family; must be referred by O.C. shelter Transitional housing for women and children (under age 12) Eli Home who are victims of family abuse or domestic violence. Faith Orange NIA based. Episcopal Service Women Orange 10 Alliance, Martha House Families Forward Transitional housing for families or single parents with wine 35 children under 18 years of age; one adult must be employed Friendship Shelter Individuals Laguna Beach 22 Fullerton Interfaith /New Families or Single Parent with Children under the age of 18; Fullerton 27 Vista must have income Gerry House Male /Female intravenous drug users and who may be Santa Ana 12 receiving narcotic replacement therapy Gerry House West Persons who are HIV positive with substance abuse Santa Ana 6 problems Transitional housing for single pregnant women 18 years and Hannah's House older who are considering adoption. No other children. Orange 12 Woman expected to work or attend school. Hearth Dayle McIntosh Disabled men or women with or without children Anaheim 6 Transitional housing to graduates, single men, single women Henderson House of the Friendship Shelter; must have referral from Friendship San Clemente NA Shelter Program Homeless Intervention Transitional living center for families, single men and single Placentia 40 Shelter women, men with children, women with children, couples House of Hope — Women & Children Santa Ana 45 O.C. Rescue Mission Human Options Battered Women, with or without children 40 Emergency 14 Transitional Huntington Youth Ages 11 -17 9 Huntington 11 Shelter Beach Interfaith Interim Single homeless adults willing to work; 120 -day program; Laguna Hills 8 Housing faith based Interval House Battered Women, with or without children; accepts pregnant 49 women Irvine Temporary 10 single - family Housing Families Irvine furnished apartments Kathy's House Women, with or without children; faith based Capistrano Beach 11 Laura's House Battered Women, with or without children 25 Laurel House Youth, ages 11 -19 Tustin NIA Mary's Shelter Pregnant teens, ages 17 and under; teen mothers and Santa Ana 18 infants 0-18 months Newport Beach General Plan M 173 Housinq Element Name Persons/Groups Served Location Number of Beds Mercy House /Joseph Transitional housing: must be employed or in job training full Santa Ana 12 House time Mercy House /Regina Transitional housing for Women and Children under 10; must Santa Ana 14 House be employed or in job training full time Missionary Brothers of Families Santa Ana 16 Charity New Vista Shelter Families Fullerton 60 O.C. Rescue Mission Men Santa Ana 90 Orange Coast Interfaith All Costa Mesa 100 Shelter Precious Life Shelter Transitional /Emergency program for pregnant women 18 Los Alamitos 21 years and alder Rescue Mission for Men Santa Ana 40 Men Salvation Army Hospitality All Santa Ana 60 House /Buffalo Street The Sheepfold Women 18 years of age and older with children; Faith Based Tustin 55 Shelter For The Families, Men, and Women Westminster 106 Homeless Families, Men, and Women SPIN offers three different programs: • The GAPP (Guaranteed Apartment Payment Program) offers low- income and homeless families with children with move -in costs to permanent housing. SPIN ■ The SARP ( Substance Abuse rehabilitation Program) Costa Mesa n/a program offers participants move -in costs to a recovery home and counseling. • The Street Services Program involves volunteers preparing and delivering a sack meal, hygiene kits and seasonal clothing to the homeless living on the streets Thomas House Transitional housing for families, women with children, men Garden Grove 76 with children; adults must be willing to work Thomas House Families Fountain Provides room Temporary Shelter Valley for 7 families Toby's House Adult pregnant women; children under 5 years of age San Clemente 5 families Veterans Charities Single Veterans Santa Ana 54 The Villa Posada Women Santa Ana 6 WISE Hotel for Women Transitional program for single women with no children; must Santa Ana 34 be alcohol free; drug testing may be required Women's Transitional Battered Women Living Center YWCA —Hotel For Women Santa Ana 38 Women SOURCES: Orange County Socal Service Resource Directory, Newport Beach Annual Action Plan: 20072008 Newport Beach General Plan 17 Housinq Element Program Names Description Eligible Activities la. Federal Programs—Formula/Entitlement Community Grants awarded to the City on a formula basis for housing and ♦ Acquisition Development Block community development activities. ♦ Rehabilitation Grant ♦ Home Buyer Assistance ♦ Economic Development ♦ Homeless Assistance ♦ Public Services ♦ ADA Compliance ♦ Public Facilities 1b. Federal Programs - Competitive Section 8 Rental assistance payments to owners of private market rate units ♦ Rental Assistance Rental Assistance on behalf of very low— income tenants Program HOME Flexible grant program awarded to the Orange County HOME ♦ Acquisition Consortium on a formula basis for housing activities. City can apply 0 Rehabilitation to County on a competitive basis for affordable housing projects # Home Buyer Assistance ♦ Rental Assistance Section 202 Grants to nonprofit developers of supportive housing for the elderly. ♦ Acquisition ♦ Rehabilitation ♦ New Construction ♦ Rental Assistance Section 811 Grants to nonprofit developers of supportive housing for persons ♦ Acquisition with disabilities, including group homes, independent living ♦ Rehabilitation facilities, and intermediate care facilities. ♦ New Construction ♦ Rental Assistance Section 108 Loan Provides loan guarantee to CDBG entitlement jurisdictions for ♦ Acquisition pursuing large capital improvement or other projects. The ♦ Rehabilitation jurisdictions must pledge future CDGB allocations for repayment of Home Buyer Assistance the loan. Maximum loan amount can be up to five times the entitlement jurisdiction's most recent annual allocation. Maximum • Economic Development loan term is 20 years. ♦ Homeless Assistance ♦ Public services Mortgage Credit Income tax credits available to first -time homebuyers for the ♦ Home Buyer Assistance Certificate Program purchase of new or existing single - family housing. Local agencies (County) make certificates available. Low Income Housing Tax credits are available to individuals and corporations that Invest ♦ New Construction Tax Credit (LIHTC) in low— income rental housing. Usually, the tax credits are sold to * Rehabilitation corporations with a high tax liability and the proceeds from the sale Acquisition are used to create the housing Newport Beach General Plan= 17,5 Housinq Element Program Names Description Eligible Activities Shelter Plus Care Grants for rental assistance that are offered with support services ♦ Rental Assistance Program to homeless with disabilities. Rental assistance can be: ♦ Homeless Assistance Section 8 Moderate Rehabilitation (SRO) project based rental assistance administered by the local PHA with state or local government application Sponsor -Based Rental Assistance Provides assistance through an applicant to a private nonprofit sponsor who wins or leases dwelling units in which participating residents reside. Tenant -Based Rental Assistance (TBA) Grants for rental assistance Proiect -Based Rental Assistance Grants to provide rental assistance through contracts between grant recipients and owners of buildings. Supportive Housing Grants for development of supportive housing and support services ♦ Transitional Housing Program (SHP) to assist homeless persons in the transition from homelessness. * Permanent Housing for Disabled ♦ Supportive Services ♦ Safe Havens 2. State Programs Proposition 1 A Proposition 1A includes provisions to establish a Down payment ♦ Down payment Assistance Assistance Program and a Rent Assistance Program using school ♦ Rental Assistance fees collected from affordable housing projects. Potential buyers or tenants of affordable housing projects are eligible to receive nonpayment assistance or rent subsides from the state at amounts equivalent to the school fees paid by the affordable housing developer for that project in question. Emergency Shelter Grants awarded to nonprofit organizations for shelter support ♦ Support Services Program services. California Housing Below market rate financing offered to builders and developers of ♦ New Construction Finance Agency multiple - family and elderly rental housing. Tax exempt bonds ♦ Rehabilitation (CHFA) provide below- market mortgage money. ♦ Acquisition of Properties Multiple /Rental p from 20 to 150 units Housing Programs California Housing CHFA sells tax - exempt bonds to make below market loans to first ♦ Home Buyer Assistance Finance Agency time homebuyers. Program operates through participating lenders Home Mortgage who originate loans for CHFA purchase Purchase Program California Housing Low interest loans for the rehabilitation of substandard homes ♦ Rehabilitation Rehabilitation owned and occupied by lower- income households. City and ♦ Repair Code Violations, Program -Owner nonprofits sponsor housing rehabilitation projects. Accessibility Component (CHRP -0) ♦Additions, General Property Improvement Newport Beach General Plan 1:�L6 Housincl Element Program Names Description Eligible Activities 3. Local Programs Tax Exempt Housing The City can support low- income housing developers in obtaining ♦ New Construction Revenue Bond bonds in order to construct affordable housing. The City can issue 0 Rehabilitation housing revenue bonds or participate in the County of Orange Acquisition program requiring the developer to lease a fixed percentage of the units to low- income families and maintain rents at a specified below market rate. Building Equity and Grants to cities that adopt measures to encourage affordable ♦ New Construction Growth in housing, to make second mortgage loans to low- and moderate- ♦ Rehabilitation Neighborhoods income homebuyers. (BEGIN) Infill Incentive Grant Funding of infrastructure to facilitate infill housing development ♦ Funding of water, sewer, parks and site clean -up for new construction Workforce Housing Grants to cities and counties that approve new housing affordable ♦ New Construction Reward Program to low and very low– income households ♦ Acquisition (WFH) Affordable Housing Funding for pilot programs to demonstrate innovative, cost- saving ♦ New Construction Innovation Fund ways to create or preserve affordable housing ♦ Rehabilitation ♦ Acquisition Governor's Homeless Interagency funds for support housing for persons with severe ♦ New Construction Initiative mental illness who are chronically homeless ♦ Support Services Multi- family Housing Loans for rental housing with supportive services for the disabled ♦ New Construction Program- Supportive who are homeless or at risk of homelessness ♦ Support Services Housing Multi- family Housing Housing with supportive services for homeless youth ♦ New Construction Program - Homeless ♦ Support Services Youth 4. Private Resource /Financing Programs Federal National Loan applicants apply to participating lenders for the following ♦ Home Buyer Assistance Mortgage Association programs: (Fannie Mae) ♦ Fixed rate mortgages issued by private mortgage insurers. ♦ Mortgages that fund the purchase and rehabilitation of a home. Savings Association Pooling process to fund loans for affordable ownership and rental ♦ New Construction of single Mortgage Company housing projects. Non -profit and for profit developers contact family and multiple family Inc. (SAMCO) member institutions. rentals, cooperatives, self help housing, homeless shelters, and group homes for the disabled. California Community Non - profit mortgage banking consortium designed to provide long- ♦ New Construction Reinvestment term debt financing for affordable multi - family rental housing. Non- a Rehabilitation Corporation (CCRC) profit and for profit developer contact member banks # Acquisition *Freddie Mac Home Works — Provide 1st and 2nd mortgages that include ♦ Home Buyer Assistance rehabilitation loan. City provides gap financing for rehabilitation combined with Rehabilitation component. Households earning up to 80% of MFI qualify. Newport Beach General Plan M 177 Housinq Element Program Names Description Eligible Activities Newport Beach In- Funding source from the City's Inclusionary Housing Ordinance. New Construction Lieu Fee Funding Can be used to fund new construction, rehabilitation, acquisition, ♦ Rehabilitation land purchases, gap financing, and help support infrastructure 0 Acquisition costs. Newport Beach General Plan 171 � Housina Element This appendix to the Housing Element addresses the requirements of Government Code Sections 65583 and 65583.2, requiring a parcel- specific inventory to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the City's share of the regional housing need allocation and to provide realistic opportunities for the provision of housing to all income segments within the community. The Sites Analysis and Inventory is organized by the key opportunity areas identified within the Housing Element text. For each of these opportunity areas, the sites inventory table provides a listing of individual sites. The analysis demonstrates the sites are currently available and unconstrained so as to provide realistic development opportunities prior to June 30, 2014 (the end of the planning period). To demonstrate the realistic development viability of the sites, the analysis discusses: (1) current General Plan land use designations and whether appropriate zoning is in place; (2) applicable development limits /densities and their impact on projected development capacity and affordability; (3) past development trends; (4) existing constraints including any known environmental issues; (5) the availability of existing and planned public service capacity levels. Since a limited amount of vacant land remains in the community, future housing development would primarily be achieved through infill and reuse of sites with existing, underutilized land uses. The inventory describes whether the sites are currently vacant or underutilized, and whether or not thev are currently zoned for residential use. Site Selection It is important to note that this inventory of realistic development sites is much smaller than the total potential number of sites and number of units that can be redeveloped for housing under the General Plan build -out projections. To identify sites that can realistically be developed for housing within the planning period, staff utilized a combination of resources, including the review of the City's Land Use Element and Zoning Code, site analysis using the City's Geographical Information Systems (GIS) database, updated County Assessor's data to determine age of buildings and ratio of improvement value to land value, discussion with developers and land owners, research of past development trends with n the City, and field surveys of each of the properties. The analysis of the data resulted in the identification of select underutilized sites and the realistic development capacity of those sites. Properties that were excluded from the inventory include: • Properties currently developed with newer structures or structures that have recently been remodeled, and which tend to have a higher ratio of improvement value to land value. • Properties that are nonconforming due to floor area ratios (FAR) that greatly exceed the ratios currently permitted. For example, several of the older structures located within the Balboa Village area are aging; however, redevelopment of those properties are not anticipated to occur because they are currently developed at a 2.0 FAR, significantly exceeding the current allowable 0.5 FAR for stand -alone commercial. Even if developed for Newport Beach General Plan M 179 Housing Element mixed -use, the existing commercial value exceeds the value that could be added with a mixed -use product. • Properties that are considered historic structures. • Uses that contributed to the ambiance of the neighborhood or had a good fit or reputation in the City. Vacant Sites Banning Ranch The Land Use Element prioritizes the retention of the Banning Ranch property as open space, consolidating existing oil operations, restored wetlands and upland habitat, and a community park. However, due to the significant cost of purchasing the site and habitat restoration, a large amount of revenue would need to be generated to help fund preservation of the majority of the property as open space. Should the property not be acquired for open space, the Land Use Element considers the possible development of a mixed- density residential village that would include open space, convenience commercial, and small hotel uses. The Banning Ranch Landowner's /Master Developer's are currently processing a Planned Community Development Plan (Newport Banning Ranch PC) with the City to implement the permitted land uses and level of development set forth in the General Plan. The PC will provide zoning regulations for those portions of the property within the City of Newport Beach and serve as pre- annexation zoning for those portions under the jurisdiction of the County of Orange. In addition to the development plan, an environmental impact report (EIR) is currently under preparation. The City anticipates review, and possibly certification, of the EIR and adoption of the development plan to occur by Fall of 2011. The realistic unit capacity of 1,375 du for this area is based on the preliminary development plan and tract map currently under preparation. Corona Del Mar The General Plan land use designations include Corridor Commercial (CC) with an FAR of 0.75 and Multiple Residential (RM). Per the Land Use Element up to 8 dwelling units may be accommodated on the two adjoining RM parcels that are currently occupied by a dirt parking lot. Consistent with the General Plan, the Zoning Code Update designated the sites as RM allowing 8 dwelling units. San Miguel This site is 0.75 acres and was formally utilized by a child care facility, which was demolished several years ago and now remains vacant. The General Plan designates the site for Multi- Family Residential (RM) use with a maximum development limit of 10 dwelling units. The existing zoning is Planned Community and allows multi- family and single - family development. In September of 2010, The City approved a tentative tract map to allow the development of four single -family residential dwellings; therefore, realistic capacity was assumed to be four units. Newport Beach General Plan :I Housina Element Infill /Reuse Opportunity Areas In order to establish a realistic development capacity for the minced -use redevelopment opportunity sites within Areas 2 -7, recently constructed or approved mixed -use projects throughout the City were researched and analyzed. It is also important to realize that when the General Plan was updated to add additional mixed -use opportunity areas, it was done so with the intent of stimulating revitalization within these areas through the creation of new value that is added to these properties that could not previously be achieved as stand -alone commercial developments. For example, a property can be redeveloped as a stand -alone commercial building with a 0.5 FAR, or the same property can be redeveloped for mixed -use with a 0.5 FAR commercial component and a 0.75 residential component, for a total 1.25 FAR. In most cases it would not make economic sense to only build a stand -alone commercial building when you can add a residential component without impacting the commercial allowance. Therefore, in establishing what the realistic capacity of the selected sites within the inventory should be, it is assumed that each of the selected sites would be redeveloped as a mixed -use project. To confirm this assumption, staff researched all new construction projects that have occurred within the last 10 years on existing mixed -use zoned properties within the Cannery Village area. Based on that research, staff has confirmed all new construction that has occurred (excluding remodels) has in fact been a mixed -use development that incorporates residential units. Based on the economics and the confirmed historical development trend, it is justifiable to assume that these selected sites would likely be developed as mixed -use. The next step in establishing the realistic capacity of these selected sites within the inventory involved establishing the realistic density that these properties would be developed to. Although allowed densities under the Zoning Code would permit up to 26.7 d.u. /acre, the reality is that market demands, product types, as well as parking and height restrictions, impact achievable densities. Therefore, to arrive at an achievable density, staff analyzed actual mixed -use projects that have been developed or approved in the City. The analysis includes research of projects developed on both small and large sites, illustrating that the densities are achievable regardless of parcel size. The following are existing mixed -use projects that were recently constructed or approved: 605 E. Balboa Boulevard • Parcel Size: 0.59 acres • Project /Built: 1 du with commercial below • Achieved Density: 16.9 du /acre • Code Relief: None 607 -615 E. Balboa Boulevard • Parcel Size: 0.29 acres • Project /Built: 5 du with commercial below • Achieved Density: 17.2 du /acre • Code Relief. Allow tandem commercial parking Newport Beach General Plan 121 Housing Element 2700 Newport Boulevard 19`h Street Marina • Parcel Size: 2.095 acres • Project /Built: 35 du and 22,500 sq. ft. commercial • Achieved Density: 16.7 du /acre 501 -507 & 500 -512 30`' Street, 2908 -2912 Lafayette Avenue • Parcel Size: 1.44 acres • Project /Built: 22 du and commercial below • Achieved Density: 15.27 du /acre • Code Relief: Increased height which did not result in increased square footage 430 31't Street • Parcel Size: 0.065 acres • Project /Built: 1 du with commercial below • Achieved Density: 15.6 du /acre • Code Relief. Allow handicap access lift to encroach into front yard setback Taking an average of the aforementioned examples, 16 du /acre was used for Areas 2 -7 as a realistic density to derive a realistic unit capacity. Area 1- West Newport Mesa These sites currently consist of some industrial properties, commercial properties and residential development. All of the sites have been designated Multi-Unit Residential (RM) with the comprehensive Zoning Code Update to be consistent with the General Plan designation of Multiple Family Residential (RM). The RM zoning designation allows 18 du /acre. The industrial and commercial sites are considered underutilized due to aging commercial and industrial structures that are partially or wholly vacant. The RM zoning provides these properties with redevelopment opportunities not previously afforded to them. The older single - family residences are also considered underutilized because they have not realized the development potential permissible under the RM zoning district To determine the realistic development capacity of these sites, the lot size and densities of three existing affordable housing apartment complexes were analyzed: • 843 W. 15th Street - 30 du /acre (65 du. on a 2.2 ac. lot) • 1544 Placentia —31 du /acre (25 du. on a 0.8 ac, lot) • 1530 Placentia —31 du /acre(14 du. on a 0.45 ac. lot) The existing developments were constructed pursuant to the multi- residential development standards of the old Zoning Code and illustrate that a density of 18 du /acre is a realistic density for this area; therefore, it was used to compute the realistic unit capacity for the West Newport Mesa opportunity sites. Newport Beach General Plan 1 g2 Housing Element Area 2- Mariners Mile These sites were previously zoned for commercial use and are developed as such. All of the sites are now zoned for mixed -use (MU -MM and MU -Wl), a result of the comprehensive Zoning Code Update and consistent with their mixed -use General Plan designations (MU -H1 and MU -W1). These sites are considered underutilized because the properties consist of older buildings, buildings with vacancies, or boat storage sites where there has not been a previous opportunity to realize the potential of the mixed -use zone. Many of the existing struggling commercial services will benefit from the mixed -use redevelopment opportunity, which would increase customer activity and create new demand for the commercial services. For the sites on the inland side of Coast H ghway, the General Plan establishes a maximum density of 26.7 du /ac; however, based on the average density yield of recently constructed or approved mixed -use developments in the City, 16 du /ac was utilized as the realistic development capacity of those sites (see Mixed -Use Realistic Development Capacity Assumption section for detailed discussion). For bay - fronting properties in this area, the General Plan establishes a lower density limit of 12 du /ac based on a maximum 50 percent of the property; therefore, for bay - fronting sites, the realistic development capacity was established as 12 du /ac based on a maximum 50 percent of the property. Area 3- Lido Marina Village These sites were previously zoned for commercial use and are developed as such. All of the sites are zoned for mixed -use with the exception of the two properties that are zoned for multi-unit residential, a result of the comprehensive Zoning Code Update and consistent with their General Plan designations of Mixed -Use Water 2 (MU -W2) and Multiple Residential (RM 20 du /ac). These sites are considered underutilized because they consist of properties that are developed with aging commercial buildings, many with vacancies where there has been no opportunity to realize the potential of the mixed -use redevelopment currently afforded. The mixed -use is a realistic opportunity that will bring vitality back to the failing commercial area. The two properties that are zoned multi-unit residential are also underutilized and economically obsolete due to aging commercial buildings that occupy the sites, one of which has an entire second floor vacant. The mixed -use designation provides for a maximum density of 26.7 du /ac; however, based on existing mixed -use projects developed in the area, a realistic density of 16 du /ac was used to derive a realistic unit capacity for the mixed -use sites. For the multi unit residential sites, realistic development capacities were based on the maximum allowed density of 20 du /ac, which is supported by the actual development capacities achieved on existing multi unit residential projects within the area. The following provide examples of these projects: • 711 Lido Park Drive-20 du /acre (12 du on a 0.6 ac. lot) • 621 & 633 Lido Park Drive — 36 du /acre (36 du on a 1 ac. lot) Newport Beach General Plan = 183 Housing Element Area 4- Cannery Village These sites were previously zoned for commercial and mixed -use, and are developed as such. The properties have mixed -use General Plan land use designations of Mixed -Use Horizontal 4 (MU -H4) and are currently zoned for mixed -use (MU- CV /15'h St.), a result of the comprehensive Zoning Code Update.. These sites consist of aging commercial and fight industrial buildings. There are some existing mixed -use properties in the area; however, the mixed -use regulations of the updated Zoning Code are less restrictive (i.e. parking) and facilitate additional opportunities for mixed -use projects. The General Plan establishes a maximum density of 26.7 du /ac, however, based on the average density yield of recently constructed or approved mixed -use developments in the City, 16 du /ac was utilized as the realistic development capacity of those sites. Area 5- McFadden Square This area is similar to Cannery Village and the sites were previously zoned commercial and mixed - use. The properties have mixed -use General Plan land use designations of MU -W2. All of the properties are currently zoned MU -W2, a result of the comprehensive Zoning Code Update, consistent with their General Plan designations. These sites consist of aging commercial buildings and vacant lots used for commercial parking. There are existing mixed -use properties; however, the mixed -use development regulations of the updated Zoning Code are less restrictive (i.e. parking) and facilitate additional opportunities for mixed -use projects. The General Plan establishes a maximum density of 26.7 du /ac; however, based on the average density yield of recently constructed or approved mixed -use developments in the City, 16 du /ac was utilized as the realistic development capacity of those sites. Area b- Balboa Village This area is similar to Cannery Village and McFadden with sites that were previously zoned commercial and mixed -use. The properties have mixed -use General Plan land use designations of Mixed -Use Vertical (MUN). All of the properties are currently zoned MU -V, a result of the comprehensive Zoning Code Update, consistent with their General Plan designations. These sites consist of aging commercial buildings. There are existing mixed -use properties; however, the mixed -use development regulations of the updated Zoning Code are less restrictive (i.e. parking) and facilitate additional opportunities for mixed -use projects. The General Plan establishes a maximum density of 26.7 du /ac; however, based on the average density yield of recently constructed or approved mixed -use developments in the City, 16 du /ac was utilized as the realistic development capacity of those sites. Newport Beach General Plan 124 Housing Element Area 7- Dover Drive /Westdiff Drive These sites consist of properties that were previously zoned for administrative, professional, and financial use. The properties have General Plan land use designations of Mixed -Use Horizontal 1 (MU -H1). All of the properties are currently zoned for mixed -use (MU -DW), a result of the comprehensive zoning code update and consistent with their General Plan land use designations. These sites are currently developed with aging commercial and financial buildings, which are no longer considered to be the highest and best use for these properties due to the mixed -use development opportunities that have been created for these properties. The General Plan establishes a maximum density of 26.7 du /ac, however, based on the average density yield of recently constructed or approved mixed -use developments in the City, 16 du /ac was utilized as the realistic development capacity of those sites. Area 8- Newport Center The Land Use Element creates a new residential land use designation of Mixed -Use Horizontal 3 (MU -H3) in this area with up to 450 new high- density multi - family housing units. The Irvine Company (TIC) is the main land owner /developer in the Newport Center area and recently prepared a Planned Community Development Plan (North Newport Center PC) for TIC owned property within the Newport Center (approved in December 2007). This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the mixed -use concept as established in the General Plan, including the development of 430 of the permitted 450 mixed -use units (within Block 500, 600 and San Joaquin Plaza). The development plan and accompanying text sets forth the property development standards which would govern development within the PC area. Said standards contain information concerning requirements for site coverage, building heights, setback line designations, off - street parking, vehicular access, signage, lighting, storage, screening and landscaping. To facilitate the development of the housing and provide considerable flexibility, maximum heights were set at 65 feet and 295 feet (depending on sub -area location) and no maximum density limit was established, but rather maximum development was limited to a cap of 430 dwelling units. Properties located within the North Newport Center Planned Community are identified as Site 1 within the site inventory and maps. As illustrated within the site inventory and maps, seven properties (Sites 3 -9) are eligible to utilize the remaining 30 mixed -use dwelling units available for development within the Newport Center area. One of these seven property owners currently has a pending application with the City to develop six of the remaining units, resulting in 24 mixed -use dwelling units unaccounted for and available for development. In addition to the 450 mixed -use infill units available for development with the MU -H3 designated properties in Newport Center, the General Plan includes a development opportunity for 79 multi- family residential (RM) dwelling units. A 79 unit condominium project (Santa Barbara Condominiums) was approved by the City in 2006 and the California Coastal Commission in 2007; Newport Beach General Plan 185 Housing Element however, the project has yet to be constructed. This project site is identified as Site 2 within the site inventory and maps. Area 9- Airport Area Sites within this area are currently zoned Planned Community and are developed with existing research and development, office, high technology, industrial and commercial uses. The General Plan provides for the maintenance and limited expansion of the currently developed mix of uses. Additionally, it identifies this Area as one of the greatest opportunities in the community to create new residential neighborhoods including workforce housing, through the replacement of existing uses and new construction on underutilized surface parking lots. Land Use Element Policy LU 6.15.5 allocates a maximum of 2,200 housing units in areas designated as MU -H2. The MU -H2 designation provides for the horizontal intermixing of uses, including the development of free- standing multi - family residential units. All of the units must be developed as replacement of existing uses, with the exception of a maximum of 550 units that may be developed as infill on existing surface parking lots. All of the properties identified as potential housing opportunity sites will require a Planned Community amendment to implement the mixed -use land use designation. In formulating General Plan policies, it was important that residential development not occur on a "piecemeal" basis, but rather there must be sufficient critical mass to enable each increment of housing to stand alone as a viable and livable neighborhood. Therefore, the General Plan establishes several policies that set forth criteria for the configuration and design of new residential villages in the Airport Area. The realistic development capacity for the Airport Area takes into consideration each of the following development limitations: Density- General Plan Policy LU 6.15.7 stipulates that residential units be developed at a maximum density of 50 units per acre and minimum of 30 units per acre. Pursuant to Government Code Section 65583.2(c)(1), since a minimum density limit has been established for this area, the realistic development capacity utilizes a density of 30 du /ac. Residential Villages- General Plan Policy LU 6.15.6 defines standards for the development of cohesive and integrated neighborhoods. It stipulates that residential neighborhoods shall contain a minimum of 10 contiguous acres centered on a neighborhood park and other amenities. The housing opportunity sites illustrated in the site inventory and map is based on four of the five potential residential villages illustrated in the Airport Area Residential Villages Concept Diagram contained in the Land Use Element of the General Plan (Figure LU23). The fifth potential residential village bordered by Campus Drive to the northeast, Von Karman Avenue to the north west, Birch Street to the southwest, and Jamboree Road to the southeast, was excluded from the site inventory and map because of the fragmented ownership of the parcels within that area and shared use of common parking lots. The site consists of 30 small office buildings that are separately owned. Even with a waiver of the 10 acre site requirement pursuant to Program No. 3.2.2, it is not anticipated that acquisition and consolidation of these parcels for the development of housing is realistic during this planning period. Newport Beach General Plan Housing Element Vehicle Trip Conversion Rate- General Plan Policy 6.15.5 states that of the 2,200 units permitted within the Airport Area, only 550 units may be developed as infill on surface lots or areas not occupied by buildings. The remaining 1,650 units are permitted as the replacement of existing nonresidential uses or industrial uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by the cumulative development of the site shall not exceed the number of trips that would have resulted from the development of the underlying permitted nonresidential uses. A standardized set of conversion rates is provided by the Traffic Engineer in order for all conversions to occur in a consistent and fair manner. 33. Both the AM and PM peak hour trip rates from the Newport Beach Transportation Model (NBTM) were reviewed and the more conservative of the two was selected for determining the conversion factors. The sites inventory for the Airport Area includes the potential unit capacities based on the trip conversion rates. The results of the analysis demonstrate that potential dwelling unit capacity based on trips exceeds the maximum 2,200 unit capacity allowed per the General Plan and further supports the realistic development capacity for the area. Because all of the sites within the Airport Area are currently developed with a mix of research and development, office, industrial, and other commercial uses, it was important to identify which of the parcels within the area had the greatest potential to be redeveloped for housing. The fact that these properties are currently developed with existing uses should not be viewed as an impediment to new residential development. As discussed in detail on page 5 -77 of the Housing Element, high land values within Newport Beach and a strong demand for new housing significantly increases the feasibility for infill and reuse of these sites within the Airport Area. In addition, the following factors were taken into account when selecting which particular sites had a realistically potential to be developed for housing within the planning period: Improvements to Land Value Ratio- To assist in the identification of parcels that have redevelopment potential, the ratio of improvement value to land value was calculated for each of the parcels using data for the County Assessor's Office. Where the ratio is 1:1 or less, this means that the value of buildings or improvements on a site is equal to or less than the value of the land. Existing developed lands that are least likely to be redeveloped are those with high ratios of improvement values to land values. Conversely, when the improvement values are equal to or less than the land values, the site is considered underutilized and may have redevelopment potential. These Assessed Valuation ratios were considered along with other factors to identify which sites can realistically be developed for housing within the planning period. Visual Inspections- The City conducted visual inspections of each of the properties located within the Airport Area to assist in the selection of sites. After inspecting these sites, many of the sites that had improvement values equal to or less than the land values were still excluded from the inventory because the buildings maintained characteristics that did not lead the City to believe they would realistically be redeveloped within this planning period. These characteristics included recent construction or improvements, existing high -rise Newport Beach General Plan Housing Element buildings, and age of buildings. However, several sites with high ratios of improvement values to land values were actually added to list based on other characteristics, such as large numbers of vacancies, age of buildings, condition of buildings and level of reinvestment, and low intensity of existing development. Developer /Property Owner Interest- Since the adoption of the General Plan Update in 2006, several property owners and developers have approached the City with inquiries and interest in developing certain properties for residential development. Koll and Conexant are two property owners that have actually submitted applications with the City requesting consideration for new housing developments. Based on this information, certain sites were selected and identified as sites that realistically be developed for housing within the planning period. The parcel - specific inventory table for Area 9 (John Wayne Airport Area) includes a column indicating the ratio of improvement value to land value and a column listing which of the factors above were considered when selecting that particular parcel to be included within the inventory. The following is a summary of each of the four identified potential residential villages: Residential Village Site 1- Residential Village Site 1 is located at the southwest corner of MacArthur Boulevard and Corinthian Way. A total of 8 underutilized parcels have been selected for the sites inventory and map based on certain characteristics of the properties. Four of the parcels (Sites lg- lh) have land values that exceed the improvement value of the properties. The other four parcels (Sites 1a -1d) are owned by the same property owner and are currently developed as one commercial complex. The buildings were constructed in the early 1970's and exhibit signs of aging and need for rehabilitation. Several of the suites within the commercial complex are vacant. Residential Village Sites 2- Residential Village Site 2 is located at the northwest comer of Dove Street and Quail Street. A total of 10 underutilized parcels have been selected for the sites inventory and map based on certain characteristics of the properties. Six of the parcels (Sites 2c, 2e, 2f, 2i, 2g, and 2j) have land values that exceed the improvement value of the properties. Site 2j in particular has a land value that significantly exceeds the improvement value and is currently being utilized as a vehicle storage lot. The other four parcels (Sites 2a, 2b, 2d, and 2h) were included within the inventory based on the visual inspections of the parcels. The existing buildings on these parcels were all built in the early 1970's and consist of 2- story, low- intensity office development. Given there location within the potential residential village, acquisition of these parcels would be crucial in the development of the other sites into a contiguous 10 -acre development, thereby increasing the potential that these sites would be acquired for residential development. Residential Village Sites 3 - Further supporting the realistic development potential for these areas is the Integrated Conceptual Development Plan that has been prepared for future residential development on the Koll (Site 3) and Conexant (Site 4) properties. For the Koll development project, the Plan includes 260 residential infill units within a 24 -acre area of the Koll Center. The 24 acre area currently consists of surface parking and landscaping, and maintains a land value that significantly exceeds the improvement value of the property. The applicant is currently working on a conceptual site plan for the project and has had discussions with City staff to address issues with Newport Beach General Plan Housing Element 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. Residential Village Sites 4- For the Conexant development project, the 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, 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. Environmental Constraints Environmental constraints include possible asbestos from older building construction for many of the aging structures throughout all of the Areas. In Area 1 West Newport there are light industrial uses that could have created possible toxins. Smaller projects may be exempt from the California Environmental Quality Act (CEQA) and larger projects will be subject to CEQA beginning with Initial Studies which will identify all possible environmental issues at the time of project submittal. The only housing opportunity area identified in the updated General Plan and associated Environmental Impact Report with significant environmental constraints is the Banning Ranch area. The Banning Ranch area includes significant environmental resources including wetlands, habitat areas, sensitive wildlife, and valuable biological resources. Adequate Infrastructure Capacity within all Sites Government Code Section 65583.2(b)(5) requires a general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site - specific basis. There is adequate infrastructure capacity within these underutilized sites, and redevelopment of these infill sites is considered feasible. The infrastructure capacity is considered adequate to accommodate the City's share of the regional housing need. Presently, the area in the community that is not served by any water or sewer infrastructure is Banning Ranch. However, if the Banning Ranch area is annexed, the City intends to provide service to this area. • Adequate water supple water deliveg, and water treatment fadfilies. The sites are served by Irvine Ranch Water District (IRWD) and the City. The City continues to produce groundwater and purchase local water. Currently the City purchases imported water through the Municipal Water District (MWD) from the Municipal Water District of Orange County ( MWDOC). Build out of the General Plan land use designations including these sites would increase water demand however; the MWDOC has indicated that there is adequate existing and planned imported water supply to accommodate the increased demand associated with the build out of the General Plan land use designations. The amount of projected development including these sites could place more demand on the local groundwater supply to avoid the purchase of additional imported water, even though sufficient imported water is projected to Newport Beach General Plan M Idq Housing Element be available. However, General Plan policies are in place within the Natural Resources Element including enforcement of water conservation measures that limit water usage, prohibit activities that waste water or cause runoff, and require the use of water efficient landscaping and irrigation in conjunction with other water conserving devices and practices in both new construction and major alterations and additions to existing buildings. Overall General Plan policies found in the Land Use and Natural Resources Elements are in place to reduce impacts associated with water supplies, treatment, and conveyance systems related to build out of the General Plan land use designations including these sites. IRWD anticipates a sufficient water supply to cover estimated demands as well as future demands resulting from unanticipated changes in land use, IRWD would be able to serve the new land uses from existing entitlements and resources. • Waste Water Facilities. The City, IRWD, and Costa Mesa Sanitation District (CMSD) provide wastewater infrastructure to the City and they utilize Orange County Sanitation District (OCSD) facilities for the treatment of wastewater collected with their infrastructure. The existing treatment plants operate well below their design capacity and it is anticipated that cumulative development of the General Plan land use designations including these sites would not exceed the capacity of the waste water treatment system. Cumulative impact of the additional residential and mixed -use development within each of the service providers' areas could result in the need for additional wastewater conveyance infrastructure depending on the project. However, any person connecting to the sewer system is required to pay connection fees in accordance with existing regulations. Existing regulations ensure that all users pay their fair share for any necessary expansion of the system, including expansion to wastewater treatment facilities. • Adequate solid waste facilities. Refuse is consolidated and transported to a materials recovery facility where recyclable materials are then sorted from refuse by machines and other methods. The remaining solid waste is then taken to one of three County landfills. Currently, only the Frank R. Bowerman Sanitary Landfill services the City of Newport Beach. The increase in solid waste generated by the development under the proposed General Plan land uses including these sites would not exceed capacity of the landfill. In addition, AB 939 mandates the reduction of solid waste disposal in landfills. • Adequate residential twb collection facilities. The majority of residential solid waste generated in the City is collected by the City's Refuse Division and the remaining solid waste is collected by waste haulers and transported to a City -owned transfer station. The City has implemented recycling ordinances to help ensure that AB 939 requirements are met and solid waste is regulated by the City through the requirement of franchises. • Adequate electric. gas and cable services. The private utility providers are able to service all future developments resulting from the cumulative development of the General Plan land use designations including these sites. Newport Beach General Plan z90 Housing Element • Adequate - public facilities. The City's libraries and other public facilities can adequately serve the increased demand from residential users. The increased demand on the schools would be addressed by implementation of General Plan policies which allow for the development of new public and institutional facilities within the City. Newport Beach General Plan 1�1 Housina Element HOUSING SITES INVENTORY VACANT SITES Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of En Density Potential Unit mlmm Realistic Unit APN (sq. ff) Designation Info Sufficient to land Constraints Capacity Capacity (du) Serve Land (du) Use? Site 3928 and 15,343 0.35 RM RM Vacant (1),(3) Yes VNR None 8 du 8 du 7 du 1 3916 E. .1 parking lot limit per Coast General Highway/ Plan 459123 05 and 459 12304 Site 1691 San 32,445 0.745 PC -3 RM Vacant land PC text Yes VNR None 10 du 10 du 4 du 2 Miguel/ 458 .30 amendment limit per 30208 and tract General map Plan approved for 4 single family units Site No 47070 10.81 N/A N/A Banning (1).(2) No (4) VR Wetlands, 1,375 1,375 du 1,375 du 3 address/ 9.38 Ranch open space du limit 424 041 04 EIR in per process General Plan VACANT SITES TOTAL DEVELOPMENT CAPACITY 1,393 du 1,386 du (1) Within Coastal Zone. (2) Planned Community 25 is currently being developed. (3) Same owner for both parcels and General Plan designates the total maximum dwelling units for both parcels combined not as two separate parcels. (4) Presently, the main area in the community that is not served by any water or sewer infrastructure is Banning Ranch. However, if the Banning Ranch area is annexed to the City, the City intends to provide service to this area VR — Vacant residentially zoned sites. VNR — Vacant non - residentially zoned sites that allow residential uses. Newport Beach General Plan Z92 Vacant Sites June /2010 Housing Site Inventory 0 0.5 1 e Miles 1�� Housing Element Figure H -11 Vacant Sites Map Pg. 2 Newport Beach General Plan 1 34 Housing Element AREA I WEST NEWPORT MESA Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unit Realistic APN (sq. it) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) Site 1 1484 7,399.9 0.1698 RM RM Single family (1) yes U Passible 18 3 with a net 3 with a Monrovia/ residence asbestos du /acre increase of 2 net 424 011 built 1950's from older du increase of 02 underutilized building 2 du Site 2 1499 47,723. 1.10 RM RM Commercial previously yes NRU None 18 19 du 19 du Monrovia/ 6 office/ proposed du /acre 424 401 industry residential 14 media, project bicycles, approved dirtbikes w/ prior to vacancies economic downturn now on market Site 3 1500 189,008 9.109 RM RM 117 unit yes U None 18 163 163 Monrovia .7 Mobile home du /acre = 46 du net = 46 du 890 W. park that has increase net 151^ St./ obtained increase 424 151 closure 03 permit Site 4 1535 23,337. 0.536 RM RM Commercial/ yes NR Passible 18 9 9 Monrovia/ 6 storage built asbestos du /acre 424 401 1950's from older 07 building Site 5 1537 33,293. 0.764 RM RM Light yes NRU Possible 18 13 13 Monrovia/ 8 industrial toxins from du /acre 424 401 building built previous 08 1970's uses, Possible asbestos from older building Newport Beach General Plan = ?95 Housing Element AREA I WEST NEWPORT MESA Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unit Realistic APN (sq. N) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) Site 6 1539 49,642. 1.139 RM RM Commercial yes NRU Possible 18 20 20 Monrovia/ 46 storage/ asbestos du/acre 424 401 Warehouse from older O6 built 1970's building Site 7 No 21,780. 0.5 RM RM Vacant land yes VNR None 18 9 9 address/ 1 usedfor du/acre 424 011 boat storage 20 Site 8 1526 15,048. 0.35 RM RM Liquor store yes NRU Possible 18 6 6 Placentia 35 building built asbestos du/acre Ave./ 1960's from older 424 161 building 08 Site 9 1455 8254.15 0.19 RM RM Single family yes NRU None 18 3 3 Superior residence du/acre Ave F/ 424 011 27 Site 1455 8257.1 0.19 RM RM Vacant site none yes VRU None 18 3 3 10 Superior used as boat du/acre G/ storage 424 011 19 Site 1455 8257.13 0.19 RM RM Single family (1) yes U None 18 3 with a net 3 with a 11 Superior residence dulacre increase of net H/ increase of 424 011 2 18 AREA 1 WEST NEWPORT TOTAL DEVELOPMENT CAPACITY 132 du 132 du Newport Beach General Plan Housing Element (1) Existing single - family residence could pose constraint if the owner did not want to redevelop or sell. VRU— Vacant residentially zoned sites which are underutilized. VNR — Vacant non - residentially zoned sites that allow residential uses. U — Underutilized residential zoned sites which are capable of being developed at a higher density with greater intensity. NRU — Non - residentially zoned sites that are underutilized that will be rezoned for residential use once the Zoning Code update is complete. Newport Beach General Plan Housing Element =Newport Beach General Plan 192 pp Area 1 - West Newport Mesa Housing Site Inventory 150 300 e p Feet 199 Housing Element Figure H -12 Area 1 West Newport Mesa Map Pg. 2 Newport Beach General Plan C) r. Housing Element AREA 2 MARINER'S MILE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unit Realistic APN (sq. ft) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) Site 1 2077, 2101 40,092.6 0.92 MU- MUW1 Commercial (2) yes NR Possible 12 d/u 5 du 5 du W. Coast W1 office asbestos per acre Highway/ buildings from older based 049 - 150 -21 built 1960's building on max. construction 50% of the property Site 2 2241 W. 95,025.1 2.18 MU- WWI Vacant (2) yes NRU Possible 12 d/u 13 du 13 du Coast W1 restaurant asbestos per acre Highway/ building built from older based 049 - 150 -26 1960's building on max. underutilized construction 50% of the property Site 3 2429, 71,704.8 1.65 MU- MUW1 Various (2) yes NRU None 12 d/u 9 du 9 du 2439, 1 W1 commercial per acre 2431, office, yacht based 2505, 2507 cleaning on max. W. Coast service, 50% of Highway/ some the 049- 150 -29 vacancies property Site 4 2901 W. 52,480.0 1.2 MU- MUW1 Various (2) yes NRU Possible 12 d/u 7 du 7 du Coast 6 W1 office and asbestos per acre Highway/ commercial from older based 049 - 130 -14 services- building on max. wine store, construction 50% of fitness, the yacht property services Building built 1940's Newport Beach General Plan 20-1 Housing Element AREA 2 MARINER'S MILE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unit Realistic APN (sq. ft) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) Site 5 3333 W. 60,537.6 1.39 MU- MUW1 Various (2) yes NRU None 12 d/u 8 du 8 du Coast 6 W1 medical per acre Highway/ offices, and based 049- 130 -22 wine broker, on max. and 50% of vacancies the property Site 6 2600, 6,160.84 0.14 MU- MUH1 Commercial (2) yes NRU Possible 26.7du/ 3 du 2 du (16 2602, 2606 MM retail asbestos per acre du /acre) Avon St./ building built from older 049 - 122 -03 1950's building construction Site 7 2610 Avon 7,581.10 0.17 MU- MUH1 Commercial (2) yes NR Possible 26.7 4 du 2 du (16 st./ MM stores built asbestos du/per du /acre) 049 - 122 -04 1950's from older acre building construction Site 8a 2615 Avon 38,951.6 0.89 MU- MUH1 Parking lot (2) yes NRU None 26.7 23.76 du 14 du (16 St./ MM (used for du/per du /acre) 049 - 121 -24 offsite acre parking which could be addressed by mixed use parking with residential) Site 8b 2700 W. 41,844.8 0.96 MU- MUH1 Commercial, (2) yes NRU Possible 26.7 25.6 du 15 du (16 Coast 1 MM some vacant asbestos du/per du /acre) Highway/ spaces from older acre 049 - 121 -23 building built building 1970s construction ®Newport Beach General Plan 202 Housing Element AREA 2 MARINER'S MILE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unit Realistic APN (sq. ft) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) SUBTOTAL FOR SITE 8 (1) 49 du 29 du Site 9 2620 Avon 7,199.9 0.17 MU- MUH1 Commercial (2) yes NRU None 26.7 4 du 2 du (16 St./ 049- MM parking lot dulacre du /acre) 122 -05 (used for offsite parking which could be addressed by mixed use parking with residential) Site 10 2630 Avon 7,200 0.17 MU- MUM Various (2) yes NR Possible 26.7 4 du 2 du (16 St./ MM commercial, asbestos dulacre dulacre) 049 - 122 -06 built 1950's from older building Site 11 2640, 11,700 0.27 MU- MUH1 Commercial (2) yes NR Possible 26.7 7 du 4 du (16 2650, 2660 MM miscellaneo asbestos dulacre du /acre) Avon/ us built from older 049- 122 -22 1950's building Site 12 2651 Avon/ 17,477.9 0.40 MU- MUH1 Parking lot (2) yes NRU None 26.7 10 du 6 du (16 049 - 121 -18 8 MM (used for dulacre dulacre) offsite parking which could be addressed by mixed use parking with residential) Newport Beach General Plan 203 Housing Element AREA 2 MARINER'S MILE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unit Realistic APN (sq. ft) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) Site 13 2000, 2200 190,254. 4.37 MU- MUH1 Vacant site (2) (3) yes NRU None 26.7 113 du 69 du (16 W. Coast 1 MM used for du /acre du /acre) Highway/ boat storage 425 471 27 Site 14 2430 W. 21,373.0 0.49 MU- MUH1 Misc. (2) (3) yes NR None 26.7 13 du 7 du (16 Coast 6 MM commercial du /acre du /acre) Highway/ building built 425 471 19 1980's Site 15 2436 W. 24,506.7 0.56 MU- MUH1 Misc. (2) (3) Yes NR None 26.7 14 du 8 du (16 Coast 7 MM commercial du /acre du /acre) Highway/ building built 425 471 57 1990's Site 16 2500 W. 18,806.7 0.43 MU- MUH1 Miscellaneo (2) (3) Yes NRU Possible 26.7 11 du 6 du (16 Coast 2 MM us asbestos du /acre du /acre) Highway / commercial from older 425 471 54 and boat building storage construction 1950's Site 2510 W. 8,838.57 0.2 MU- MUH1 Commercial (2) (3) Yes NRU Possible 26.7 5.34 du 3.2 du 17a Coast MM building with asbestos du /acre (16 Highway misc. uses from older du /acre) and no building built building address/ 1950's construction 425 471 55 Site no address/ 5,396.66 0.12 MU- MUH1 Commercial (2) (3) yes NRU Possible 26.7 3.2 du 1.95 du 17b 42547155 MM building with asbestos du /acre (16 misc. uses from older du /acre) built 1950's building ,boat construction storage, parking lots Newport Beach General Plan 2O4 Housing Element AREA 2 MARINER'S MILE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unff Realistic APN (sq. ft) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) Site 2530 W. 21,229.9 0.49 MU- MUHt Commercial (2) (3) Yes NRU Possible 26.7 13.08 7.8 du 17c Coast 6 MM building with asbestos du /acre (16 Highway/ misc. uses from older du /acre) 425 471 56 built 1950's, building boat construction storage, parking lots Site No 1,997.95 0.05 MU- MUH1 Commercial (2) (3) Yes NRU Possible 26.7 1.34 du 0.8 du 17d address/ MM building with asbestos du /acre (16 425 471 56 misc. uses from older du /acre) building built building 1950's, boat construction storage, parking lots Site No 5,158.43 0.12 MU- MUM Commercial (2) (3) yes NRU Possible 26.7 3.2 du 1.92 du 17e address/ MM building with asbestos du /acre (16 425 471 56 misc. uses from older du /acre) built 1950's, building boat construction storage, parking lots SUBTOTAL FOR SITE 17 (1) 26 du 15 du Site 2540, 2542 10,003 0.23 MU- MUM Commercial (2) (3) yes NRU Possible 26.7 6.14 du 3.68 du 18a W. Coast MM building with asbestos du /acre (16 Highway misc. uses - from older du /acre) and 106, wine shop, building 110 Tustin building built construction Ave./ 1940's 425 471 15 Newport Beach General Plan 205 Housing Element AREA 2 MARINER'S MILE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unit Realistic APN (sq. ft) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) Site 116 Tustin 5,420.22 0.49 MU- MUH1 Commercial (2) (3) Yes NRU Possible 26.7 13.08 du 7.84 du 18b Ave.l MM building with asbestos dulacre (I6dulacr 425 471 14 misc. uses form older e) including building wine shop, building built 1940' Site 120 Tustin 6,100.16 0.14 MU- MUH1 Commercial (2) (3) Yes NRU Possible 26.7 3.74 du 2.24 du 18c Ave./ MM building with asbestos dulacre (16 425 471 13 misc. uses from older dulacre) including a building wine shop, building built 1940' SUBTOTAL FOR SITE 18 (1) 22 du 13 du Site 19 2902 W. 14,373.5 0.33 MU- MUH1 Commercial (2) (3) Yes NR Possible 26.7 8 du 5 du (16 Coast 9 MM retail asbestos dulacre dulacre) Highway/ building built from older 049 110 19 1950's building Site 20 2906 W. 10,414.3 0.24 MU- MUH1 Commercial (2) (3) yes NR Possible 26.7 6 du 3 du (16 Coast 7 MM rental car asbestos dulacre dulacre) Highway/ building built from older 049110 21 1930's building Site 21 149,177 50,649.6 1.16 MU- MUH1 Commercial (2) (3) Yes NR Possible 26.7 30 du 18 du (16 Riverside 6 MM retail asbestos dulacre du /acre) Ave./ building built from older 049110 30 1960's building Site 22 204 3,900 0.09 MU- MUH1 Commercial (2) yes NR Possible 26.7 2 du 1 du (16 Riverside MM office asbestos dulacre du /acre) Ave./ building built from older 049122 25 1950's building Newport Beach General Plan 200 Housing Element AREA 2 MARINER'S MILE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type of Environ Density Potential Unit Realistic APN (sq. ft) Designation Info Sufficient to land Constraints Capacity Unit Serve Land (du) Capacity Use? (du) Site 23 124 Tustin 6780.13 0.16 MU- MUH1 Commercial (2) yes NR Possible 26.7 4 du 2 du (16 Ave.1425 MM office asbestos du/acre du /acre) 47112 building with from older misc. uses building built 1950's AREA 2 MARINERS MILE TOTAL DEVELOPMENT CAPACITY 372 du 236 du (1) Same owner for adjacent parcels and is opportunity to combine sites for one development. (2) Within Coastal Zone. (3) Frontages shall be developed with marine related and highway- oriented general commercial uses per General Plan policy. NR — Non - residentially zoned sites that will be rezoned for residential use once Zoning Code update is complete. NRU — Non - residentially zoned sites that are underutilized and will be rezoned for residential use once the Zoning Code update is complete. Newport Beach General Plan Housing Element Newport Beach General Plan 202 M1. 1 8b �•. 2PW T� .� 21 Y 20 19 e :5 ate' `• \�`�► 4 3 r� �'1•. 18 17 16 E 15 14 P] Housing Opportunity Sites ® N Wb n Area 2 - Mariners Mile Housing Site Inventory 1 Feet e Mariners Mile June@010 Housing Element H -13 Area 2 Mariners Mile Map Pg. 2 Newport Beach General Plan 21 0 Housing Element AREA 3 DO MARINA VILLAGE Map I Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacy Use? y (du) Site 1 3600 3,192. .0733 MU W2 MU W2 Vacant potential yes VNRU None Max 1 du 1 du (16 Newport 37 landscaped development FAR is du/acre) Blvd] 423 site City- opportunity if 0.8 and 12103 owned lotis 1,631 consolidated sq. ft. with 3636 per unit and 3700 Newport Blvd. Site 2 3636 3281.5 .075 MU W2 MU W2 Vacant potential yes NRU Max 1 du 1 du (16 Newport 9 commercial development FAR is du/acre) Blvd. / 423 building opportunity if 0.8 and 12106 lot is 1,631 consolidated sq. ft. with 3600 per unit and 3700 Newport Blvd. Site 3 3700 13,138 .302 MU W2 MU W2 Commercial potential yes NRU Possible Max 6 du 4 du (16 Newport building - development asbestos FAR is du/acre) Blvd./ 423 vacant opportunity if from older 0.8 and 12105 building built lot is building 1,631 1950's consolidated construction sq. ft. with 3600 min. and 3636 per unit Newport Blvd. Site 4 3355 Via 34,871 0.801 RM RM Commercial (1) yes NRU Possible 20 16 du 16 du Lido /423 .58 and parking asbestos du/acre 11203 lot building from older Built 1950's building entire second floor is vacant Newport Beach General Plan 211 Housing Element AREA 3 DO MARINA VILLAGE Map I Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. fl) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacy Use? y (du) Site 5 3363, 8,106. 0.186 RM RM Commercial (1) yes NRU Possible 20 3 du 3du (16 3369, 03 Office asbestos du /acre du /acre) 3377 Via Building Built from older Lido and 1930's building 3378 Via construction Oporto/ 423112 01 Site 6 3366 Via 21,576 0.495 MUW2 MUW2 (2) Commercial (1) yes NRU Possible Max 10 du 7 du (16 Lido / 423 .76 Miscellaneo asbestos FAR is du /acre) 12310 us Building from older 0.8 and built 1950's building 1,631 construction sq. ft. min. per unit Site 7 3388 Via 14,155 0.32 MUW2 MUW2 Commercial (1) yes NRU Possible Max 6 du 5 du (16 Lido /423 .93 financial asbestos FAR is du /acre) 12309 building built from older 0.8 and 1960's building 1,631 construction sq. ft. min. per unit Site 8 3422,342 4,499. .103 MUW2 MUW2 Commercial (1) yes NRU Possible Max 2 du 1 du (16 4, 99 retail asbestos FAR is du /acre) 3426,342 building built from older 0.8 and 8Via 1950's building 1,631 Lido / 423 construction sq. ft. 12205 min. per unit Newport Beach General Plan 212 Housing Element AREA 3 DO MARINA VILLAGE Map Address/ Are70.97MUW2 GP Existing Use Additional Infrastructure Type Environ Potential Unit Realistic APN (sq. ft) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacy Use? y (du) Site 9 3434 Via 42,4 MUW2 Commercial (1) yes NRU Possible jDenity 28 du 15 du (16 Lido,3421 .1 retail asbestos dulacre) 3431,343 building built from older 9 1970's building 3475,347 construction sq. ft. 7 per unit Via Oporto/ 423122 02 Site 3483,348 15,978 0.366 MUW2 MUW2 Parking (1) yes NRU Possible Max 7 du 5 du (16 10 5,3491, structure asbestos FAR is du/acre) 3495,350 and vacant from older 0.8 and 5,3481 commercial building 1,631 3487,349 building built sq. ft. 7,3501, 1970's min. 3489,349 per unit 3, 3499 Via Oporto/ 423122 01 Site 3442, 9,630. 0.22 MUW2 MUW2 Commercial (1) yes NRU Possible Max 4 du 3 du (16 11 3444 24 financial asbestos FAR is du /acre) Via Lido/ building built from older 0.8 and 423122 1950's building 1,631 03 sq. ft min. per unit Newport Beach General Plan W 213 Housing Element AREA 3 DO MARINA VILLAGE Map I Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. ff) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacy Use? y (du) Site 3400, 25,648 0.59 MUW2 MUW2 Commercial (1) yes NRU Possible Max 12 du 9 du (16 12 3404 .77 retail asbestos FAR is du /acre) 3412,341 building built from older 0.8 and 6 1950's building 1,631 3420 Via sq. ft. Oporto/ min. 423123 per unit 07 AREA 3 LIDO MARINA VILLAGE TOTAL DEVELOPMENT CAPACITY 96 du 70 du (1) Within Coastal Zone. (2) Coastal Commission provided correction for this site to be zoned MUW2 instead of RM and staff is processing a General Plan Amendment to change site to MUW2. NRU — Non - residentially zoned sites that are underutilized and will be rezoned for residential use once the Zoning Cade update is complete. VNRU — Vacant non - residentially zoned sites that are underutilized and will be rezoned for residential use once the Zoning Cade update is complete. Newport Beach General Plan 211E Area 3 - Lido Marina Village Housing Site Inventory o 150 3oFeet Ldo_ Marina _Village June2010 21.55 Housing Element H -14 Area 3 Lido Marina Village Map Pg. 2 Newport Beach General Plan c%1 �, Housina Element AREA 4 CANNERY VILLAGE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 1 500 32nd St.l 12,833.96 0.295 MU- MUH4 Vacant (2) yes U None 26.7 7 du 4 du (16 047 031 19 CV/ parking lot du /acre dulacre) 151^ St. Site 2 516 32nd St.l 10,259.98 0.236 MU- MUH4 Vacant (2) yes U None 26.7 6 du 3 du (16 047 031 20 CV/ parking lot du /acre dulacre) 15th St. Site 3 417 29"1 St./ 2,781.2 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 043 11 CV/ office asbestos dulacre dulacre) 15th building built from older St. 1940's building construction Site 4 421 2914 St./ 5,558.44 0.13 MU- MUH4 Boat storage (2) yes U None 26.7 3 du 2 du (16 047 043 12 CV/ dulacre dulacre) 15th St. Site 5 501 29th St.l 5,564.79 0.13 MU- MUM Light (2) yes U Possible 26.7 3 du 2 du (16 047 033 05 CVI industry built light du /acre dulacre) 15th 1950's contaminatio St. n from industrial uses, Possible asbestos from older building Site 6 503 31st St. 8,338.45 0.19 MU- MUH4 Commercial (2) yes U Possible 26.7 5 du 3 du (16 505 31s' St./ CV/ office built asbestos du /acre dulacre) 047 031 03 15th 1940's from older St. building construction Newport Beach General Plan M 217 Housina Element AREA 4 CANNERY VILLAGE Map Addressl Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 7 2807, 2809 8,56.71 0.20 MU- MUH4 Commercial (2) yes U Possible 26.7 5 du 3 du (16 Lafayette; CV/ portion asbestos du /acre du /acre) 2810 Villa 15th vacant from older Way / 047 051 St, building built building 06 1940's construction Site 8 504 29th St./ 4,495.71 0.10 MU- MUH4 Boat storage (2) yes U Possible 26.7 2 du 1 du (16 047 051 07 CV/ built 1940's asbestos du /acre du /acre) 15th from older St, building construction Site 9a 510 29th St./ 2,992.88 0.07 MU- MUH4 Commercial (2) yes U Possible 26.7 1.8 du 1 du (16 047 051 02 CV/ retail built asbestos du /acre du /acre) 15th 1940's from older St. building construction Site 9b 512,516,29th 2,861.60 0.07 MU- MUH4 Commercial (1), (2), (3) yes U Possible 26.7 1.75 du 1 du (16 St.;2811,2813 CV/ retail built asbestos du /acre du /acre) ,2815 15th 1940's from older 2817 St. building Lafayette/ 047 construction 05101 SUBTOTAL FOR SITE 9 (1) 3 du 2 du Newport Beach General Plan 212 Housina Element AREA 4 CANNERY VILLAGE Map Addressl Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 511 29th St./ 2,782.1 0.06 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 0.96 du 10a 047 03310 CV/ retail built asbestos du /acre (16 15th 1950's from older du /acre) St. building construction Site 2901,2905, 2,047.53 0.05 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 0.8 du (16 10b 2907 CV/ retail asbestos du /acre du /acre) Lafayette / 047 15th building built from older 033 11 St. 1940's building construction SUBTOTAL FOR SITE 10 (1) 2 du 1 du Site 11 407,408,409, 15,345.23 0.35 MU- MUH4 Commercial, (2) yes U Possible 26.7 9 du 5 du (16 411, CVI food use asbestos du /acre dulacre) 413 31st St./ 15th building built from older 047 041 12, St. 1960's, building 047 042 09, commercial construction office 047 041 33 building built 1940's — 409 -413 has expired permits for a mlu project Site 12 416 31st St./ 2,790.55 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 042 07 CV/ retail asbestos du /acre du/acre) 15th building built from older St. 1940's building construction Newport Beach General Plan M I?9 Housina Element AREA 4 CANNERY VILLAGE Map Addressl Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 13 418, 420 31a 5,581.39 0.1281 MU- MUH4 Commercial (2) yes U Possible 26.7 3 du 2 du (16 St./ 047 042 CV/ retail /office asbestos du /acre du/acre) 22 15th buildings from older St. built 1950's building construction Site 14 422 31st St./ 2,790.85 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 042 04 CV/ office asbestos du /acre du/acre) 15th building built from older St. 1940's building construction Site 15 424 31st St./ 2,790.95 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 042 20 CV/ retail opportunity asbestos du /acre du/acre) 15th building built 416 -424 from older St. 1950's 31s' could building be bought construction and combined by developer similar to cannery village lofts Site 16 425 31st St./ 2,790 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 041 24 CV/ retailloffice asbestos du /acre du/acre) 15th building built from older St. 1950's building construction Site 17 427 31st St./ 2,790 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 041 25 CV/ office asbestos du /acre du/acre) 15th building built from older St. 1940's building construction Newport Beach General Plan 220 Housina Element AREA 4 CANNERY VILLAGE Map Addressl Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 18 500 31st St./ 2,791 0.064 MU- MUH4 Old vacant (2) yes U Possible 26.7 1 du 1 du (16 047 032 08 CV/ building built asbestos du /acre dulacre) 15th 1930's, from older St. permits to building build mixed construction use with one residential expired Site 19 502 31$t St./ 2,780 0.064 MU- MUH4 Outdoor (2) yes U Possible 26.7 1 du 1 du (16 047 032 07 CV/ dining for opportunity asbestos dulacre dulacre) 15th adjacent 500 and from older St, restaurant 50231s' building building built could be construction 1940's sold and combined together Site 20 50131 -[ St./ 2,780 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 031 02 CV/ office asbestos dulacre dulacre) 15th building built from older St. 1930's building construction Site 21 510 31st St./ 2,791.95 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 032 04 CV/ retailloffice asbestos du /acre dulacre) 15th building built from older St. 1960's building construction Site 22 512 31s1 St./ 2,792.1 0.064 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 047 032 03 CV/ office asbestos dulacre dulacre) 15th building built from older St. 1950's building construction Newport Beach General Plan M 221 Housina Element AREA 4 CANNERY VILLAGE Map Addressl Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 23 520 31st St./ 11,866.82 0.274 MU- MUH4 Commercial (2) yes U None 26.7 7 du 4 du (16 047 03219 CV/ parking lot opportunity du /acre du /acre) 15th for 510 -520 St. 31st could be sold and combined together Site 24 408, 410 32nd 4,650.17 0.11 MU- MUH4 Commercial (2) yes U Possible 26.7 4 du 1 du (16 St./ 047 041 CV/ retail /office asbestos du /acre du /acre) 06 15th building built from older St. 1940's building construction Site 25 414 32nd St.l 4,650.17 0.11 MU- MUH4 Assembly (2) yes U Possible 26.7 4 du 1 du (16 047 041 05 CV/ meeting opportunity asbestos du /acre du /acre) 15th facility and 408 -414 from older St. commercial 32nd could building building built be sold and construction 1950's combined together Site 26 428 32 ^d St./ 3,941.49 0.09 MU- MUH4 Commercial (2) yes U Possible 26.7 2 du 1 du (16 047 041 35 CV/ office asbestos du /acre du /acre) 15th building built from older St. 1960's building construction Site 27 430 32nd St.l 3,033.76 0.07 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (6 047 041 31 CV/ office asbestos du /acre du /acre) 15th building built from older St. 1960's building construction Newport Beach General Plan 222 Housina Element AREA 4 CANNERY VILLAGE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. ft) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 432, 434 32nd 2,325 0.05 MU- MUH4 Commercial (1) (2) (4) yes U Possible 26.7 1.4 du 0.8 du (16 28a St./ 047 041 CV/ retail asbestos du /acre du /acre) 23 15th buildings from older St. built 1950's; building Site 436 32nd St. 2,325 0.05 MU- MUH4 Commercial (1) (2) (4) yes U Possible 26.7 1.4 du 0.8(16 28b and CV/ retail opportunity asbestos du /acre du/acre) 3111,3115, 15th buildings 436, 432, from older 3109 Villa St. built 1950's 434 32nd building Way / 047 041 and 430 construction 21 32nd could be sold and combined together SUBTOTAL FOR SITE 28 (1) 2 du 1 du Site 29 No address/ 2,782.16 0.063 MU- MUH4 Commercial (2) yes U 26.7 1 du 1 du (16 047 043 21 CV/ s stores du /acre du/acre) 15th St. Site 30 2805 Villa 4,232.49 0.097 MU- MUH4 Commercial (2) yes U None Max 1.0 2 du 1 du (16 Way/ 047 052 CVI parking lot FAR w/ du/acre( 07 15th 1,631 St. sq. ft. per unit Site No address/ 2,701.4 0.06 MU- MUH4 Commercial (1) (2) (5) yes U Possible 26.7 1.6 du 0.96 du 31a 047 052 06 CVI retail asbestos du /acre (16 15th buildings from older dulacre) St. built 1920's building construction Newport Beach General Plan M 223 Housina Element AREA 4 CANNERY VILLAGE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 2807, 2809 2,700.1 0.06 MU- MUH4 Commercial (1) (2) (5) yes U Possible 26.7 1.6 du 0.96 du 31b Villa Way/ CV/ store asbestos du /acre (16 047 052 05 15th buildings from older du/acre) St. built 1920's building construction SUBTOTAL FOR SITE 31 (1) 3 du 1 du Site 32 2811, 2813 5,400.15 0.124 MU- MUH4 Commercial (2) yes U Possible 26.7 3 du 1 du (16 Villa Way/ CVI offices asbestos du /acre du/acre) 047 052 04 15th buildings from older St. built 1930's building construction Site 33 2815 Villa 2,700 0.062 MU- MUH4 Commercial (2) yes U Possible 26.7 1 du 1 du (16 Way/ 047 052 CV/ office asbestos du/acre du/acre) 03 15th buildings from older St. built 1950's building construction Site 34 2817 Villa 5,400 0.124 MU- MUH4 Commercial (2) yes U Possible 26.7 3 du 1 du (16 Way /047052 CV/ store asbestos du /acre du/acre) 02 15th buildings from older St. built 1950's building construction Newport Beach General Plan 224 Housina Element AREA 4 CANNERY VILLAGE Map Address/ APN Area (sq. it) Acres Zone GP Designation Existing Use Additional Infrastructure Info Sufficient to Serve Land Use? Type of land Environ Constraints Density Potential Unit Capacity (du) Realistic Unit Capacity (du) Site 35 410 29th St. 7,720.486 0.177 MU- MUH4 Commercial (2) 2805 yes U Possible 26.7 4 du 2 du (16 and 412 29th CV/ stores; Villa Way — asbestos du /acre du /acre) St./ 047 052 15th building built 410 29th from older 01 St 1940's could be building sold and construction combined together entire block like Cannery lofts CANNERY VILLAGE AREA 4 TOTAL DEVELOPMENT CAPACITY 96 du 56 du (1) Same owner for adjacent parcels is opportunity to combine sites for one development. (2) Within Coastal Zone. (3) Corner lot must be developed as mixed use per General Plan Policy. (4) Possible historical value. U — Underutilized residential zoned sites which are capable of being developed at a higher density with greater intensity. Newport Beach General Plan 225 Housing Element Newport Beach General Plan 220 Area 4 - Cannery Village Housing Site Inventory F� Feet e Cannary_Vilage Juna2010 Housing Element H -14 Area 4 Cannery Village Map Pg. 2 Newport Beach General Plan Housing Element AREA 5 MCFADDEN SQUARE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit I Realistic Unit APN (sq. fl) Designation Info Sufficient to of Constraints Capacity Capacity Serve Land land (du) (du) Use? Site 1 2414 7,781.48 0.18 MU- MUW2 Balboa (2), yes U Possible Max 3 du 2 du (16 Newport W2 boatyard asbestos 0.75 du /acre) Blvd. / 047 building built from older FAR 12001 1960's building with construction 26'7 du /acre Site 2 121,125 3,875.84 0.09 MU- MUW2 Liquor store (2) yes U Possible Max 1 du 1 du (16 McFadde W2 building built asbestos 0.75 du /acre) n PI./ 047 1912 from older FAR 15112 building with construction 26'7 du /acre Site 3 2122,222 102,909. 2.36 MU- MUW2 Various (3) yes U Max 47 du 27 du 4,2244,22 1 W2 commercial 0.75 80,2300,2 including a FAR 302,2312 commercial with Newport marina 26.7 Blvd./ 047 du /acre 12031 Site 2005 1,805.99 0.04 MU- MUW2 Commercial (1),(2) yes U None Max 1.06 du 0.64 du (16 4a W. Balboa W2 parking lot 0.75 du /acre) Blvd./ 047 FAR 15204 with 26.7 du /acre Site 2007 W. 1,926.44 0.04 MU- MUW2 Commercial (1),(2) yes U None Max 1.06 du 0.64 du (16 4b Balboa W2 parking lot 0.75 du /acre) Blvd./ 047 FAR 15205 with 26.7 du /acre Newport Beach General Plan M ?29 Housina Element AREA •• EN SQUA Mop Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic Unit APN (sq. ft) Designation Info Sufficient to of Constraints Capacity Capacity Serve Land land (du) (du) Use? Site 2009 W. 4,251.43 0.1 MU- MUW2 Commercial (1),(2) yes U None Max 2.67 du 1.6 du (16 4c Balboa W2 parking lot 0.75 du /acre) Blvd./ 047 FAR 15203 with 26.7 du /acre SUBTOTAL FOR SITE 4 (1) 4 du 2 du Site 5 226 21st 10,024.8 0.23 MU- MUW2 Boatyard (2) yes U Possible Max 4 du 3 du (16 St./ 047 7 W2 and various asbestos 0.75 du /acre) 16218 commercial from older FAR buildings building with built 1930's construction 26.7 du /acre Site 6 1910,192 10,528.7 0.24 MU- MUW2 convenience (2) yes U Possible Max 4 du 3 du (16 0W. 6 W2 store, dry asbestos 0.75 du /acre) Balboa cleaners from older FAR 047 161 building built building with 22Blvd./ 1970's construction 26.7 du /acre Site 7 2301,230 3,934.85 0.09 MU- MUW2 Retail, (2) yes U Possible Max 1 du 1 du (16 7,2309 W. W2 restaurant asbestos 0.75 du /acre) Balboa building built from older FAR Blvd./ 047 1940's building with 14225 construction 6'7 du MCFADDEN SQUARE AREA 5 TOTAL DEVELOPMENT CAPACITY 64 du 39 du (1) Same owner for adjacent parcels is opportunity to combine sites for one development. (2) Within Coastal Zone. (3) Discretionary applications in process including Coastal Commission for mixed -use project approved by City including 27 condominium residential units. U — Underutilized residential zoned sites which are capable of being developed at a higher density with greater intensity. rr Newport Beach General Plan 230 � :a 5 - McFadden Square Housing Site Inventory o 150 Feet e McFadden Square J.ne12010 2sl Housing Element H -15 Area 5 McFadden Map Pg.2 Newport Beach General Plan 2 Housing Element AREA 6 :O• VILLAGE Map Addressl Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. ft) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 1 603 E. 2,567.82 0.06 MU- MUV Commercial (1) Yes U Possible Max 1.0 1 du 1 du (16 Balboa V office asbestos FAR w/ du /acre) Blvd. / 048 building built from older 1,631 12302 1914 building sq. ft. construction min. per unit Site 2 204 3,000 0.07 MU- MUV Commercial (1) Yes U Possible Max 1.0 1 du 1 du (16 Washingto V fitness asbestos FARwl du /acre) n St.1048 building built from older 1,631 13404 1920's building sq. ft. construction min. per unit Site 3 111 Palm 5,523.34 0.13 MU- MUV Various (1) Yes U Possible Max 1.0 3 du 2 du (16 St] 048 V commercial asbestos FAR w/ du /acre) 12207 uses from older 1,631 including art building sq. ft. gallery construction min. per building built 1930's unit Site 4 801 E. 15,401.1 0.35 MU- MUV Commercial (1) Yes U Possible 26.7 9 du 5 du (16 Balboa 2 V and asbestos du/acre du /acre) Blvd./ 048 restaurant from older 13219 building built building 1920's construction Newport Beach General Plan W Housina Element AREA 6 :O• VILLAGE Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. ft) Designation Into Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 5 207 Palm 2,994.95 0.07 Mu- MUV Commercial (1) Yes U Possible Max 1.0 1 du 1 du (16 St./ 048 V and garage asbestos FAR w/ du /acre) 11512 building built from older 1,631 1950's building sq. ft. construction min. per unit Site 6 510 E. 8,485.46 0.19 MU- MUV Liquor store (1) Yes U Possible Max 1.0 5 du 3 du (16 Balboa V building built asbestos FAR w/ du /acre) Blvd./ 048 1950's from older 1,631 11511 building sq. ft. construction min. per unit Site 7 500 E. 5,021.03 0.12 MU- MUV Commercial (1) Yes U Possible Max 1.0 3 du 1 du (16 Balboa V building built asbestos FAR w/ du /acre) Blvd./ 048 1970's from older 1,631 11507 building sq. ft. construction min. per unit AREA 6 BALBOA VILLAGE TOTAL DEVELOPMENT CAPACITY 23 du 14 du (1) Within Coastal Zone. U — Underutilized residential zoned sites which are capable of being developed at a higher density with greater intensity. Newport Beach General Plan 2S4 4 o a 1100 .•. wive' _rv,/�a / /"♦ �, • O Housing Opportunity Sites F ' W4 Ar.. - QP C y y *!. � ISO'`• -�<�F'Y�� r,' fill { I12.6 .. � �► r > P, dg, Area 6 - Balboa Village Housing Site Inventory 0 100 200 e Feet Balboa Village June2010 ?S.5j Housing Element H -16 Area 6 Balboa Village Map Pg. 2 Newport Beach General Plan Housing Element AREA 7 DOVER Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. H) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 1 833 Dover 37,744 0.867 MU- MUH1 Commercial Yes NRU Possible 26.7 23 du 13 du (16 Dr./ 117 DW office asbestos du /acre du /acre) 63111 building built from older 1960's building construction Site 2 881 Dover 56,824 1.31 Mu- MUH1 Commercial Yes NRU Possible Max 1.0 34 du 20 du (16 Dr./ 117 .5 DW office asbestos FAR wl du /acre) 63117 building built from older 1,631 1960's building sq. ft. construction min. per unit Site 3 901 Dover 47,943 1.1 Mu- MUH1 Commercial Yes NRU Possible Max 1.0 29 du 17 du (16 Dr./ 117 .2 DW office asbestos FAR wl du /acre) 63118 financial from older 1,631 building built building sq. ft. 1960's construction min. per unit Site 4 1501 72,850 1.67 MU- MUH1 Commercial Yes NRU Possible Max 1.0 43 du 26 du (16 Westcliff/ .9 DW office asbestos FAR w/ du /acre) 117631 financial from older 1,631 122 building built building sq. ft. 1960's construction min. per unit Site 5 1515 37,286 0.856 MU- MUH1 Commercial Yes NRU Possible Max 1.0 22 du 13 du (16 Westcliff/ .85 DW office asbestos FAR w/ du /acre) 117631 financial from older 1,631 21 building built building sq. ff• 1960's construction min. per unit AREA 7 DOVER DRIVE /WESTCLIFF DRIVE TOTAL DEVELOPMENT CAPACITY 151 du 89 du NRU — Non - residentially zoned sites that are underutilized and will be rezoned for residential use once the Zoning Code update is complete. Newport Beach General Plan = 237 Housing Element Newport Beach General Plan 232 Area 7 - Dover Drive/Westcliff Drive Housing Site Inventory Westdl0 June/2010 150 300 e D Feet 2S9 Housing Element H -17 Area 7 Dover Drive /Westcliff Drive Map Pg. 2 Newport Beach General Plan 24C Housing Element AREA 8 NEWPORT CENTER Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. ft) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 500,510, 654,751.4 15.03 PC -56 MUH3 Commercial Yes NRU None N/A (1) la 550 office Newport Center Dr./ 442 08101, 442 081 06, 442 081 07, 442 081 08 Site 600 171,658.1 3.9 PC -56 MUH3 Commercial Yes NRU None N/A (1) 1b Newport Center Dr./ 442 10121 Site 1c 610 44,159.3 1 PC -56 MUH3 Commercial Yes NRU None N/A (1) Newport Center Dr./ 442 10122 Site 620 227,012.7 5.2 PC -56 MUH3 Commercial Yes NRU None N/A (1� 1d Newport Center Dr./ 442 101 19 Site 630 43,801.1 1 PC -56 MUH3 Commercial Yes NRU None NIA (1� 1e Newport Center Dr./ 442 10123 Newport Beach General Plan 241 Housing Element AREA 8 NEWPORT CENTER Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 1f 660 71,317.1 1.6 PC -56 MUH3 Commercial Yes NRU None NIA (1) Newport Center DO 442 10109 Site 680 120,510.1 2.8 PC-56 MUH3 Commercial Yes NRU None NIA (1) 1g Newport Center Dr./ 442 10113 Site 690 312,617.4 7.2 PC -56 MUH3 Commercial Yes NRU None NIA (1) 1h Newport Center Dr./ 442 101 18 Site 1i No site 23,138.29 0.5 PC -56 MUH3 Commercial Yes NRU None NIA (1) address/ 442 101 20 Site 1j 1, 2, 3, 4, 795,204.3 18.3 PC -56 MUH3 Commercial Yes NRU None NIA (1) 5 San 5 Joaquin Plaza/ 442 261 03,442 26116 Site 1k No site 15,919.5 0.4 PC-56 MUH3 Commercial Yes NRU None NIA (1) address/ 442 101 16 Newport Beach General Plan 242 Housing Element AREA 8 NEWPORT CENTER Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 11 888 San 177,195.9 4.1 PC -56 MUH3 Commercial Yes NRU None N/A (1) Clemente 9 Drive/ 442 261 19 SUBTOTAL SITE 1 430 du (1) 430 du (1) Site 2 900 185,676.3 4.3 PC -54 RM Commercial Yes NRU None N/A 79 du (2) 79 (2) Newport 4 Center Dr./ 442 01141 Site 2071, 29,100.5 0.67 P MUH3 Commercial Yes NRU None NIA (3) (3) 2075, C-46 office building 2081, built 1969 2091, 2095 San Joaquin Hills Rd./ 442 081 02 Site 2101, 29,325.12 0.67 PC-46 MUH3 Commercial Yes NRU None N/A (3) (3) 2105, office building 2111, built 1969 2115, 2121,212 3, 2125, 2131 San Joaquin Hills Rd./ 442 081 03 Newport Beach General Plan 243 Housing Element AREA 8 NEWPORT CENTER Map Address/ Area Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Potential Unit Realistic APN (sq. it) Designation Info Sufficient to of Constraints Capacity Unit Serve Land land (du) Capacity Use? (du) Site 2161San 20,578.2 0.47 PC -46 MUH3 Commercial Yes NRU None NIA (3) (3) Joaquin office building Hills Rd./ built 1969 442 081 09 Site 6 1605 33,268 0.76 PC-46 MUH3 Medical office Yes NRU None NIA (3) (3) Avocado building built Avenue/ 1980's 442 081 12 Site 7 1601 39,223.36 0.90 PC -46 MUH3 Medical office Yes NRU None N/A (3) (3) Avocado building built Avenue/ 1980's 442 081 11 Site 8 567 San 32,560.47 0.75 PC-46 MUH3 Commercial Yes NRU None NIA (3) (3) Nicolas office building Dr./ 442 built 1971 08105 Site 9 1602 E. 303,964 6.98 PC -47 Tennis Club Yes NRU None NIA (3) (3) Coast Highway/ 442 011 64, 442 011 65 Newport Beach General Plan 244 Housing Element Map Address/ APN Area (s, ft) Acres Zone GP Existing Use Additional Infrastructure Type Environ Density Designation Info Sufficient to of Constraints Serve Land land Use? Potential Unit Capacity (du) Realistic Unit Capacity (du) AREA 8 NEWPORT CENTER TOTAL DEVELOPMENT CAPACITY 529 du max. 529 du per General max. per Plan General development Plan limits developm ant limits (1) Planned Community is already in place to allow for 430 additive residential units and all properties are owned by the Irvine Company. (2) 79 additive dwelling units per General Plan development limit. A project has been approved to build these dwelling units. (3) General Plan has designated a total 20 additive residential units to be used by any of these properties. NRU — Non - residentially zoned sites that are underutilized that will be rezoned for residential use once the Zoning Code update is complete. Newport Beach General Plan 245 Housing Element Newport Beach General Plan 240 Area 8 - Newport Center Housing Site Inventory 5 Feete Ne port Center Junel2010 247 Housing Element H -18 Area 8 Newport Center Map Pg. 2 =Newport Beach General Plan 242 Housing Element AREA 9 JOHN WAYNE AIRPORT Map (I) Address/ Area Acres Building Trip Zone GP (2) Existing Use Infrastructure Selection Environ Density Potential Realistic APN (sq. H) Area rate/ Factors & Constraints (3) Unit Unit tsf 4 ILV Ratio Capacity Capacity Site la 1701 79,932 1.83 20,184 5.40 PC 11 MU -H2 Commercial Yes VI Possible 30 to 50 91.5 du 54.9 du (Potential Corinthia trips = General building w/ V asbestos du /acre (50 du/ (30 Residential n Way, 108.99 Commer vacancies 1.64 from older acre) du /acre) Village) 4255 du cial built 1970's building Martingal constructio e Way, n 4250 Scott Dr./ 427 172 02 Site 11b 1660 84,642 1.94 22,200 5.40 PC 11 MU -H2 Commercial Yes VI Possible 30 to 50 97 du 58.2(30 (Potential Dove St., trips = General building w/ V asbestos du /acre (50 du/ du /acre) Residential 4251 647.35 Commer vacancies 2.85 from older acre) Village) Martingal du cial built 1970's building e Way, constructio 4253 n Martingal e Way/ 427172 03 Site 1c 4200 74,671 1.71 9,589 5.40 PC 11 MU -H2 Commercial Yes VI Possible 30 to 50 85.5 du 51.3 du (Potential Scott trips = General building w/ V asbestos du /acre (50 du/ (30 Residential Drive/ 51.78 Commer vacancies 1.52 from older acre) du /acre) Village) 427172 du cial built 1970's building 06 constructio n Site 1d 4220 8,542 0.196 4,907 5.40 PC -11 MU -H2 Commercial Yes VI None 30 to 50 9.8 du (50 5.88 du (Potential Scott trips = General vacancies V du /acre du/ acre) (30 Residential Drive/ 26.46 Commer building built 122 du /acre) Village) 427172 du cial 1980's 05 Newport Beach General Plan M 249 Housing Element AREA 9 JOHN WAYNE AIRPORT Map (i) Address/ Area Acres Building Trip Zone GP (2) Existing Use Infrastructure Selection Environ Density Potential Realistic APN (sq. H) Area rate) Factors & Constraints (3) Unit Unit tsf 4 ILV Ratio Capacity Capacity Site to 4221 48,084 1.10 7,996 5.40 PC -11 MU -H2 Restaurant Yes ILVR Possible 30 to 50 55 du (50 33 du (30 (Potential Dolphin trips = Restaur building built VI asbestos du /acre du/ acre) du/acre) Residential Striker 43.18 ant 1970's 0.27 from older Village) Way/ 427 du building 18107 constructio n Site 1f 4248 31,170 0.72 7,015 5.40 PC -11 MU -H2 Restaurant Yes ILVR Possible 30 to 50 36 du (50 21.6 du (Potential Martingal trips = Restaur building built VI asbestos du/acre du/ acre) (30 Residential a Way/ 37.88 ant 1970's 0.31 from older du/acre) Village) 427181 du building 08 constructio n Site 1g 4250 47,165 1.08 7,870 5.40 PC -11 MU -H2 Restaurant Yes ILVR Possible 30 to 50 54 du (50 32.4 du (Potential Martingal trips = Restaur building built VI asbestos dulacre du/ acre) (30 Residential a Way/ 42.50 ant 1970's 0.46 from older du/acre) Village) 427181 du building 09 constructio n Site 1h 1601 173,990 3.99 62,995 2.29 PC -11 MU -H2 Commercial Yes ILVR Possible 30 to 50 199.5 du 119.7 du Potential Dove St./ trips = Professi Office VI asbestos du /acre (50 du/ (30 Residential 427 221 144.26 onal and building built V from older acre) du/acre) Village 01 du Busines 1970's 0.78 building s Office constructio n SUBTOTAL SITE 1 1,102 628du 376.98 du du (4) (12.56 (12.56acr acres at es total at 50 30 du/acre) du/acre) Newport Beach General Plan 260 Housing Element Site 2a 1400 Quail 63,958 1.47 23,950 2.29 PC -11 MU -1-12 Office Yes VI Possible 30 to 50 73.5 du 44.1 du Potential St./427 trips = Professi building built 1.35 asbestos du /acre (50 du/ (30 Residential 22115 54.85 onal and 1970's from older acre) du /acre) Village du Busines building s Office constructio n Site 2b 1300 Quail 65,377 1.5 30,191 2.29 PC -11 MU -H2 Office Yes VI Possible 30 to 50 75 du (50 45 du (30 Potential St427 221 trips = Professi building built 2.27 asbestos du /acre du/ acre) du /acre) Residential 14.1 69.14 onal and 1970's from older Village du Busines building s Office constructio n Site 2c 1200 Quail 43,395 0.99 17,668 2.29 PC -11 MU -1-12 Office Yes ILVR Possible 30 to 50 49.5 du 29.7 du Potential St.427 221 trips = Professi building built VI asbestos du /acre (50 du/ (30 Residential 13/ 40.46 onal and 1970's 027 from older acre) du /acre) Village du Busines building s Office constructio n Site 2d 1100 Quail 49,972 1.15 23,097 2.29 PC -11 MU -H2 Office Yes VI Possible 30 to 50 57.5 du 34.5 du Potential St./ 427 trips = Professi building built 1.2 asbestos du /acre (50 du/ (30 Residential 221 12 52.89 onal and 1970's from older acre) du /acre) Village du Busines building s Office constructio n Site 2e 1151 76,256 1.75 31,430 2.29 PC -11 MU -1-12 Office Yes ILVR Possible 30 to 50 87.5 du 52.5 du Potential Dove St./ trips = Professi building built VI asbestos dulacre (50 du/ (30 Residential 427 221 71.97 onal and 1970's 0.47 from older acre) du /acre) Village 07 du Busines building s Office constructio n Site 2f 1000 66,305 1.52 24,899 2.29 PC -11 MU -H2 Office Yes ILVR Possible 30 to 50 76 du (50 45.6 du Potential Quail St./ trips = Professi building built VI asbestos dulacre dul acre) (30 Residential 427 221 57.02 onal and 1970's 0.35 from older du /acre) Village 11 du Busines building s Office constructio n Newport Beach General Plan 2.51 Housing Element AREA 9 JOHN WAYNE AIRPORT Map (I) Address/ Area Acres Building Trip Zone GP (2) Existing Use Infrastructure Selection Environ Density Potential Realistic APN (sq. H) Area rate) Factors & Constraints (3) Unit Unit tsf 4 ILV Ratio Capacity Capacity Site 2g 1101 64,980 1.49 27,000 2.29 PC -11 MU -H2 Office Yes ILVR Possible 30 to 50 74.5 du 44.7 du Potential Dove St./ trips = Professi building built VI asbestos du /acre (50 du/ (30 Residential 427 221 61.83 onal and 1970's 0.38 from older acre) dulacre) Village 08 du Busines building s Office Site 2h 1001 65,828 1.51 24,600 2.29 PC -11 MU -H2 Office Yes VI Possible 30 to 50 75.5 du 45.3 du Potential Dove St./ trips = P Professi building built 9 1.57 asbestos du /acre ( 50 du/ ( 30 Residential 427 221 56.33 onal and 1970's from older acre) du /acre) Village 09 du Busines building s Office constructio n Site 2i 901 74,686 1.71 23,790 2.29 PC -11 MU -H2 Office Yes ILVR Possible 30 to 50 85.5 du 51.3 du Potential Dove St./ trips = Professi building built VI asbestos du /acre (50 du/ (30 Residential 427 221 54.48 onal and 1970's 0.55 from older acre) du /acre) Village 10 du Busines building s Office constructio n Site 2j 1301 161,163 3.7 01 545 du PC -11 MU -H2 Vehicle Yes ILVR None 30 to 50 185 du 111 du Potential Quail 304 hotel Professi Storage Site VI du /acre (50 dul (30 Residential St. /427 rooms onal and 0.08 acre) du /acre) Village 34202 permitte Busines d s Office SUBTOTAL SITE 2 1063.9 839 du 503 du 7 du (16.79 (16.79 acres at acres at 50 30 dulacre) dulacre) Site 3a No 748,136 17.17 N/A NIA PC -15 MU -H2 Parking Lot Yes ILVR None 30 to 50 50 du/ 30 Potential address/ Office DPI dulacre acre du /acre Residential 445122 VI Village (5) 18 0 Newport Beach General Plan 252 Housing Element AREA 9 JOHN WAYNE AIRPORT Map (i) Address/ Area Acres Building Trip Zone GP (2) Existing Use Infrastructure Selection Environ Density Potential Realistic APN (sq. H) Area rate/ Factors & Constraints (3) Unit Unit tsf 4 ILV Ratio Capacity Capacity Site 3b No 1,072,34 24.62 N/A NIA PC -15 MU -H2 Parking Lot Yes ILVR None 30 to 50 50 du/ 30 Potential address/ 1 Office DPI du /acre acre du/acre Residential 445 131 VI Village (5) 28 0 SUBTOTAL SITE 3 2,089.5 du 260 (41.79 additive acres at du (5) 50 du /acre (5) Site 4a 4321 670,99 15.4 311,452 2.29 PC -15 MU -H2 Office Yes DPI None 30 to 50 50 du/ 30 Potential Jambore =123.5 Office building built VI du /acre acre du /acre Residential e/445 5 and 1980's 927 Village (6) 13102 1.16 = 298.7 Site 4b 4311 419,928 9.6 126,000 2.29 = PC -15 MU -H2 Office Yes DPI None 30 to 50 50 du/ 30 Potential Jambore 263.35 Office building built VI du/acre acre du/acre Residential e/445 and 1980's 53.36 Village (6) 13103 1.16 = 12.76 SUBTOTAL SITE 4 698.36 1,250 du 632 du (25 acres and 290 at 50 additive du/acre) du per General Plan policy (6) AREA 9 JOHN WAYNE AIRPORT AREA TOTAL 2,864 4,806 du 2061 du DEVELOPMENT CAPACITY SITES 1.4 du (4) (30du /acr e) 2,200 du max. per General Plan Policy (7) Newport Beach General Plan 263 Housing Element (1) General Plan policy requires development of mixed -use residential villages containing a minimum of 10 acres. Each site represents a potential residential village with a minimum of 10 acres. (2) A Planned Community text amendment is required to change the zone to be consistent with the General Plan designation to allow mixed -use development. (3) General Plan policy requires that residential units be developed at a minimum density of 30 du /ace and a maximum density of 50 du /acre averaged over the total area of each residential village. (4) The General Plan provides for the conversion of existing land uses in the Airport Area with a cap of 1,650 du that can be developed based on a trip generation rate conversion in addition to 550 du allowed as infill development. A standardized set of trip conversion rates is provided by the Traffic Engineer in order for all conversions to occur in a consistent and fair manner. Both the AM and PM peak hour trip rates from the Newport Beach Transportation Model (NBTM) were reviewed and the more conservative of the two was selected for determining the conversion factors. Sites 1, 2 and 4 provide the trip conversion rate and resulting dwelling units to show the traffic related capacity for each residential village. If the maximum dwelling units based on the traffic based capacity is more restrictive than the dwelling units based on the density of 30 du /acre than the more restrictive traffic based capacity is used as the realistic unit capacity. (5) Koll development project is in process and includes 260 additive residential units within a 24 -acre area of the Koll Center. These units are additive and do not replace any existing use so there is no need to do a trip generation conversion rate. 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. (6) Conexant development project is in process and proposes to demolish up to 438,000 square feet of existing industrial and office space, and replace it with up to, including density bonus units, 1,244 residential units, 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. ILVR— Improvement to Land Value Ratio (Improvement Value /Land Value =x) DPI- Developer /Property Owner Interest VI- Visual Inspections V- High number of vacancies Newport Beach General Plan 254 Area 9 - Airport Area Housing Site Inventory ° Z Fee, e NToft_Area JuneMl0 255 Housing Element H -19 Area 9 John Wayne Airport Area Map Pg. 2 Newport Beach General Plan 2 5 I, Housina Element Potential Unit Realistic Unit Capacity Capacity (du) (du) ALL AREAS INCLUDING VACANT SITES TOTAL DEVELOPMENT CAPACITY 7,662 du 4,612 du Newport Beach General Plan 215 22 Attachment No. CC 4 HCD Comment Letters 252 �5°� STATF OF CAI IEMDA- .DSWESS. TRANSPORTATION ANO HOUSING.AGENCY ARROLD_SCHWA@2ENECQER Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy Development 1800 Third Street, Suite 430 R O. Box 952053 Sacramento. CA 94252 -2053 (916)323.3177 FAX (916) 327 -2643 November 2, 2006 Mr. Homer Bludau, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Dear Mr. Bludau: RE: Review of the City of Newport Beach's Revised Adopted Housing Element o .c4jroaavn Thank you for submitting Newport Beach's revised housing element, adopted by the City Council on July 25, 2006 as part of a comprehensive general plan update. The element was received for review on August 3, 2006. Pursuant to Government Code Section 65585(h), the Department is required to review adopted housing elements and report the findings to the locality. A series of telephone conversations with Mr. Gregg Ramirez, Senior Planner, facilitated the review. As you know, the Department found Newport Beach's 2003 adopted housing element, along with a subsequent revision in April 2005, in conditional compliance. The Department's finding of compliance was contingent on the City's commitment to rezone the Avocado /MacArthur site and continuing to encourage and facilitate development on the Banning Ranch site. The revised element no longer proposes to rezone the MacArthur site as a means to address the adequate sites statutory requirement. Also, the element indicates the updated Land Use element is now prioritizing the retention of Banning Ranch as open space. This is an especially critical point as the previously adopted element relied on Banning Ranch to accommodate 406 multifamily units without the need for a zone change or general plan amendment. Instead, the adopted element now includes a general land inventory which focuses on potential housing opportunities in the John Wayne Airport, Banning Ranch, Newport Center, Mariners' Mile, and Balboa Peninsula areas. The element, however, only contains general descriptions and potential dwelling unit capacity figures for those areas (described on pages 5 -34 through 5 -49). The element does not contain the necessary information and analysis to determine which specific sites are suitable and available to accommodate the City's remaining housing need within the current planning period. As a result, the element no longer identifies adequate sites, and further, requires revisions to analyze potential governmental constraints. As discussed with Mr. Ramirez, the following specific revisions are needed to bring the element into compliance with State housing element law (Article 10.6 of the Government Code). 200 Mr. Homer Bludau, City Manager Page 2 Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). The element must be expanded to include a complete land inventory with specific site descriptions and analysis. The inventory and analysis should include the following: • A parcel specific listing of sites describing general plan designation, zoning, maximum density, and parcel size. • A description of existing uses on the identified non - vacant sites. • A description of the impact of parcel size on development feasibility, capacity, and affordability. • An analysis that demonstrates how the City calculated its projected buildo Ut capacities for the identified sites. This analysis should evaluate the impact of the City's land -use controls and site improvement requirements on buildout capacity estimates. For example, the City must consider the imposition of maximum lot coverage requirements, open space, parking, and floor area ratios (FARs), when establishing its realistic unit capacity, rather than relying on a theoretical number based on maximum buildout. • A general analysis of the existing infrastructure capacity (i.e., water and sewer), including access to distribution facilities along with an indication of whether capacity is, or will be, sufficient to serve the identified sites within the planning period. • A general description and analysis of known environmental constraints. • Identification of which zones and densities can accommodate the City's lower - income housing need (see Item 2, page 2 of the Department's AB 2348 technical assistance paper). • A map or other method for identifying specific sites in the inventory For example, the Land Use element now prioritizes Banning Ranch as open space, yet the housing element continues to identify it as a potential housing site (1,375 units). Table H30 indicates the site will have both Open Space (OS) and Residential Village (RV) the General Plan designations, while zoned Planned Community (PC). Therefore, the element must clearly describe how much of the 465 acre site will be designated specifically for residential uses, including timing of adoption of the zoning that can accommodate residential development. The element should also explain how the future master plan /specific plan, including development standards, acres of the various residential components, density levels, and design guidelines will allow residential development this planning period. Mixed -Use: Table H30 indicates several areas have mixed -use development potential. Based on the general land -use descriptions in the element, it appears a large percentage of the Airport, Newport Center, Mariners' Mile, and Balboa Peninsula, areas are builtout. 2101 Mr. Homer Bludau, City Manager Page 3 Therefore, the element must demonstrate that mixed -use development or stand alone residential uses are realistic and viable development strategies for those sites with active uses. For example, the element should describe the condition or age of existing development and describe the potential for such uses to be discontinued and replaced with housing, or provide a clear indication of whether housing could be added to the existing use (such as adding second story residential to ground floor retail). Also, the analysis should evaluate whether the redevelopment or intensification of a site would require lot consolidation to allow additional residential development. The element should further describe the City's experience in facilitating mixed -use development of non - residentially zoned sites, including current market conditions, redevelopment trends (i.e., high land and construction costs in concert with limited supplies of available and developable land resources could promote the market conditions necessary to facilitate more compact and efficient residential development) and incentives and policies to encourage the development of underutilized and /or mixed -use sites. To assist the City in addressing the adequate sites requirement, the Department has provided Mr. Ramirez the AB 2348 technical assistance memo (via the Department's website). Given the City's reliance on mixed -use development to accommodate its remaining need, the element should also include strong programs and policies to facilitate such development. 2. Analyze potential and actual governmental constraints upon the maintenance, improvement, and development of housing for all income levels. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 (Section 65583(a)(4)). Land -Use Controls: Table H30 lists several zoning designations that are not described or analyzed in the element's governmental controls section (Table H31). The element should describe /define the applicable development standards and permitted and conditional residential uses allowed in each of these zones (e.g., MU, RV PC, SP, RSC -MM, APF). The element should also describe and analyze how implementation of allowed density, building setbacks, height provisions, parking and open space requirements help to facilitate and encourage housing for all income groups. Should the requisite analysis determine the City's land -use controls are impeding residential development, the element should describe efforts to mitigate and /or remove any identified constraints. Measure "S ": The Measure, approved in November 2000, establishes threshold residential density and /or land -use intensity increases that trigger voter approval. According to the adopted element, this Measure will not impact the City's ability to accommodate its share of the regional housing need (pg 5 -54). However, the element must be expanded to include a more detailed description and evaluation of Measure "S" impacts on the cost and supply of new residential development. 202 Mr. Homer Bludau, City Manager Page 4 For example, the element should explain how Measure "S" is implemented, including how the "vested rights" provisions are applied and whether any exception provisions exist for affordable housing or housing needed to meet the City's Regional Housing Needs Assessment (RHNA). Requiring 'major" general plan amendments to be decided on by the local electorate could be costly and result in significant fiscals impacts to individual development projects. The element should clarify if a project applicant is 100 percent responsible for election costs and explain the methodology for determining these costs. Also, pursuant to Government Code Section 65583(c)((3) the element must include a program action that specifically addresses, and where appropriate, removes any identified residential development constraints associated with Measure S. This would be in addition to Program 2.3.1 as this action only commits the City to studying the impacts of major commercial and industrial projects on the existing housing supply. The Department hopes these comments are helpful and would be glad to assist the City in addressing the above requirements. If you would like to schedule a technical assistance meeting or site visit, please contact Don Thomas, of our staff, at (916) 445 -5854. Sincerely, Cathy fireDepot tor 203 SIAIEOF CAI IFORNIA.AO SINESS TRANSPORTATION ANp ENEGG R Gov rnor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy Development 1800 Third Street, Suite 430 P. O. Box 952053 Sacramento. CA 94252 -2053 (916) 323 -3177 FAX (916) 327 -2643 September 10, 2007 Mr. Greg Ramirez, Senior Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Dear Mr. Ramirez: RE: Review of the City of Newport Beach's Revised Housing Element Thank you for submitting revisions to Newport Beach's housing element. Pursuant to Government Code Section 65585(b), the Department is required to review draft housing elements and report the findings to the locality. A series of telephone conversations with you facilitated the review. The revised adopted element addresses some of the findings described in the Department's November 2, 2006 review. For example, the draft revisions indicate that Measure "S" (Section 423 of the City Charter) will not impact the development of the sites identified in the inventory (Table H -30 and Appendix H5) due to the increased densities/ intensities established as part of the recent comprehensive general plan update (approved by the voters in November of 2006). Newport Beach should be diligent in monitoring the potential impacts of Charter Section 423 as identified in Housing Program 2.3.1. Should monitoring reveal that residential projects are being subjected to the voter approval process, the City must take the appropriate steps (in a timely manner) to remove governmental constraints and provide adequate sites. The revisions also indicate the City is continuing to work on a comprehensive zoning ordinance update, which when completed, will establish zoning designations consistent with the new land - use designations established as part of the general plan update. However, according to the revised element, the John Wayne Airport and Newport Center areas offer the greatest residential development potential during the remainder of the planning period, through a variety of development strategies, including mixed -use, infill and reuse. Therefore, as described in the Department's previous review, and discussed with you, the element must demonstrate these strategies are realistic and viable such that they can accommodate Newport Beach's remaining share of the regional housing need, particularly for lower- income households. 204 Mr. Greg Ramirez, Senior Planner Page 2 1. Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Given that most of the sites listed in Appendix H5 are developed with existing uses, the element must be expanded to describe the condition and age of existing development and describe the realistic potential for these uses to be discontinued and replaced with housing this planning period. The expanded analysis should describe the City's experience in facilitating redevelopment and mixed -use development of non - residentially zoned sites, including current market conditions, and redevelopment trends. Please refer to the Department's November 6, 2006 review. Also, as discussed with you and described in the Department prior review, given the City's strong reliance on a combination of mixed -use and redevelopment to accommodate its remaining housing need, Policy H.2.3 must be complemented with strong programs and implementation actions to facilitate such development (i.e., specific commitment to provide regulatory and /or financial incentives and promote the development of underutilized and /or mixed -use sites). Under a separate cover, examples of program implementation actions from other jurisdictions that have or are currently relying on mixed use and recycling development strategies will be sent to you. The element's analysis of the identified sites in the John Wayne Airport and Newport Centers areas must be expanded to include the following: • A description of the impact of parcel size on development feasibility, capacity, and affordability. • An analysis that demonstrates mixed -use development or stand alone residential uses are realistic and viable development strategies for those sites identified in Appendix H5. • An indication whether redevelopment, recycling, or intensification of a site would require lot consolidation to allow additional residential development. • A clarification that the noise and height restrictions set forth in the JWA Airport Environs Land Use Plan (AELUP) (page 5 -35) will not impact the projected residential buildout capacities described in Table H30 for the identified sites listed in Appendix H5. 2. Analyze potential and actual governmental constraints upon the maintenance, improvement, and development of housing for all income levels. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 (Section 65583(a)(4)). 205 Mr. Greg Ramirez, Senior Planner Page 3 Land -Use Controls: According to the draft revisions, City staff is currently working on a comprehensive zoning ordinance update to address inconsistencies between recently established general plan land use designations and outdated zoning categories. As indicated in the element, the City Council adopted a resolution (as an interim measure) that allows projects to be "reviewed" in spite of this general plan /zoning inconsistency (page 5 -66). However, the element must be expanded to demonstrate that in addition to "reviewing" residential projects, they can actually receive final approval during the time period which the zoning ordinance is being updated. In addition, the element should also include a timeline for completing the zoning ordinance update. Finally, as indicated in the Department's prior review the element must describe and analyze how implementation of allowed density, building setbacks, height provisions, parking, and open space requirements of all newly established zoning categories, particularly the Planned Community (PC) zone, will facilitate and encourage housing for all income groups. Should the requisite analysis determine the City's new land -use controls will impede residential development, the element must include a program to mitigate and /or remove any identified constraints. The Department is committed to assisting the City of Newport Beach in bringing its housing element into compliance and would be pleased to provide any additional assistance necessary, including another meeting in Newport Beach. If you have any questions, or wish to schedule a visit, please contact Don Thomas, of our staff, at (916) 445 -5854. Sincerely, y reswell Deputy irector 2 O STATE OF CALIFORNIA - BUSINESS TRANSPORTATION AND HOIISI NO AQFNCY ARN01 D SCHWARZFN OC; R aaver is DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1600 Third Street, Suite 430 ❑ o I P. O. Box 952053 Sacramento, CA 94252 -2053 (916) 323 -3177 / FAX (916) 327.2643 vjvAv.hcd.ca,0ov October 24, 2008 Mr. David Lepo, Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Dear Mr. Lepo: RE: Review of the City of Newport Beach's Draft Housing Element Thank you for submitting Newport Beach's draft housing element received for review on August 25, 2008. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation on October 20, 2008 with Mr. Gregg Ramirez, Senior Planner, and Ms. Linda Tatum and Ms. Jessie Barkley from PBS &J, the City's consultants, facilitated the review. In addition, the Department considered comments from Mr. Cesar Covarrubias, from the Kennedy Commission, Ms. Kathy Lewis, from the Newport Beach Housing Coalition, and Mr. Ezequiel Gutierrez, from the Public Law Center, pursuant to Government Code Section 65585(c). The draft element addresses many of the statutory requirements; however, revisions will be necessary to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element should include analyses of the adequacy of identified sites to accommodate the regional housing need for lower- income households and revise programs to demonstrate the City's commitment to assist in the development of housing affordable to extremely low- income households. The enclosed Appendix describes these and other revisions needed to comply with State housing element law. Furthermore, in September of 2007, the Department reviewed draft changes to the adopted housing element from the previous housing element planning period and determined revisions relating to the adequacy of sites would be necessary to comply with State housing element taw. As the current draft contains much of the same site related information, many of the findings described in the September 10, 2007 review are still necessary to comply with State housing element law (Article 10.6 of the Government Code). 20:F Mr. David Lepo, Planning Director Page 2 The Department would be happy to arrange a meeting in either Newport Beach or Sacramento to provide any assistance needed to facilitate your efforts to bring the element into compliance. If you have any questions or would like assistance, please contact Melinda Coy, of our staff, at (916) 445 -5307. Sincerely, l ' 11 M Cathy E. Creswell Deputy Director Enclosure cc: Gregg Ramirez, Senior Planner, City of Newport Beach Kathy Lewis, Newport Beach Housing Coalition Cesar Covarrubias, Kennedy Commission Ezequiel Gutierrez, Public Law Center 202 APPENDIX CITY OF NEWPORT BEACH The following changes would bring Newport Beach's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on the Department's website at www.hcd.ca.gov /hpcl. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, the Housing Element section contains the Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) available at www.hcci.ca.pov /hod /housing elemenl2 /inclex.pl�, the Government Code addressing State housing element law and other resources. A. Housing Needs, Resources, and Constraints 1. Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Newport Beach has a Regional Housing Need Allocation (RHNA) of 1,769 housing units, of which 708 units are for lower- income households.. To address this need, the element relies primarily on underutilized and non - vacant sites within newly designated mixed -use areas. However, to demonstrate the adequacy of these sites and strategies to accommodate the City's share of the RHNA, the element must include more detailed analyses, as follows: Addressing Unaccommodated Need from the Previous Planning Period: Pursuant to Chapter 614, Statutes of 2005 (AB 1233), as Newport Beach failed to adopt a housing element demonstrating sufficient sites to accommodate the City's RHNA for the 2000- 2008 planning period, the element must include specific actions in its 2008 -2014 update to address any unaccommodated need resulting from the previous planning period within the first year of the 2008 -2014 planning period. To assist you in meeting this statutory requirement, including instructions on calculating the unaccommodated need, see the Department's AB 1233 memo at http: / /www.licd.ca.clov /hpd /hrc /plan /he /ab 1233 final cll.pcll. For additional assistance, please refer to the Building Blocks' website at httg: / /www.licd.ca.ciov /hpd /housing elemenl2 /GS reviewandrevise.php. Realistic Capacity: To calculate the potential residential capacity of sites in the inventory, the element assumes the sites will be built at either maximum allowed densities or to the maximum build out allowed under the general plan. The element must describe the methodology for determining capacity assumptions and demonstrate how the calculation accounts for land -use controls and site improvements, including height limits, and floor area ratios. The element could also describe the density yield of projects recently built or under construction. In addition, the element must provide a parcel specific estimate of the number of units that could be accommodated on all sites in the inventory including those within the John Wayne Airport Area. 209 °2° Furthermore, as many of the sites are zoned for mixed -use, the residential capacity analysis must account for the potential development of non- residential uses and could consider any performance standards such as those mandating a specified portion of a mixed -use site be non - residential (i.e., first floor, front space as commercial) when estimating the potential residential capacity. Sites to Accommodate the RHNA for Lower - Income Households: Given allowed densities, the John Wayne Airport Area appears to have the greatest potential to accommodate Newport Beach's share of the regional housing need for lower- income households. However, the element must demonstrate how existing uses, parcel sizes, land -use regulations, and General Plan Policy LU 6.14.6 impact the viability of this strategy to accommodate the RHNA for lower- income households within the planning period. For example: Non - Vacant Sites: As the element relies primarily on non - vacant and underutilized sites to accommodate the regional housing need (Appendix H -4), it must describe the existing uses of each of the identified sites within the parcel specific inventory and analyze the extent to which those uses may impede additional residential development. The element should also describe any existing or proposed regulatory incentives and standards to encourage and facilitate more intensive residential development on the identified underutilized sites. For further information, refer to the Building Blocks'website at http://www.hcd.ca.gov/hpd/housing element2 /SIA zoninq.php. Small Sites: Should the City need to rely on very small sites to accommodate a portion of the remaining regional housing need for lower- income households, the element must include an analysis demonstrating the development potential of smaller sites, including their capacity to facilitate the development of housing for lower- income households. The element could use development trends to facilitate this analysis. This is particularly important given the necessary economies of scale to facilitate the development of housing affordable to lower- income households. For example, most assisted housing developments utilizing State or federal financial resources typically include at least 50 to 80 units. Lot Consolidation: General Plan Policy LU 6.14.6 requires residential neighborhoods to include 10 continuous acres centered on a neighborhood park (page 5 -44). The element should analyze the impacts of this policy on the availability of development opportunities within the Airport Area for a variety of housing types, including multifamily rental. While larger developers may have the ability to assemble the necessary sites to meet the 10 acre requirement, the analysis should consider the impact on smaller scale development proposals such as a low - income housing tax credit project and indicate the impact of LU 6.14.6 on such projects. Sites with Zoninq for a Variety of Housing Types: The housing element must demonstrate the availability of sites, with appropriate zoning, that will encourage and facilitate a variety of housing types, including supportive housing, single -room occupancy (SRO) units, emergency shelters, and transitional housing. An adequate analysis should, at a minimum, identify whether and how zoning districts explicitly allow 270 CIE the uses, analyze whether zoning, development standards and permit procedures encourage and facilitate these housing types. If the analysis does not demonstrate adequate zoning for these housing types, the element must include implementation actions to provide appropriate zoning. SROs: While the element indicates SROs are conditionally permitted in the RSC and APF zones, it must also demonstrate how the City's permit processing procedures, development standards, and standard conditions of approval encourage and facilitate the development of SROs. Emergency Shelters: The element includes Program 5.1.6 committing the City to amend the zoning code to permit emergency shelters pursuant to Chapter 633, Statutes of 2007 (SB 2). In conjunction with the City's program strategy, the element must also identify the zone(s) being considered for emergency shelters and demonstrate sufficient capacity in the zone(s) to accommodate the need for emergency shelters, including sufficient capacity for at least one (year- round) emergency shelter. For further information, please see the Department's memo at htto: / /www.hed.ca.gov /hpd /sb2 memo05O7O8.r)df. Transitional and Supportive Housing: The element includes Program 5.1.6 to amend the zoning code to identify zones where transitional housing will be permitted and conditionally permitted. Pursuant to SIB 2, the element must demonstrate transitional and supportive housing are treated as residential uses subject only to those restrictions that apply to other residential uses of the same type in the same zone. For example, if the transitional housing is a multifamily use proposed in a multifamily zone, then zoning and permit processing should treat transitional housing the same as other multifamily uses proposed in the zone. 2. Analyze potential and actual governmental constraints upon the maintenance; improvement, and development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 (Section 65583(a)(5)). Land -Use Controls: While the element includes Table H35 summarizing development standards for residential zoning districts and Table H34 describing FAR and density standards for the mixed -use areas, as stated in the Department's September 10, 2007 review, it must also analyze how implementation of these standards, particularly the Planned Community (PC) zone, will facilitate and encourage housing for all income groups. For example, the element must analyze how implementation of General Plan Policy LU 6.14.6 could impact the development of housing affordable to lower- income households. Should the requisite analysis determine the City's new land -use controls will impede residential development, the element must include a program to mitigate and /or remove any identified constraints. 271 ME Local Processing and Permit Procedures: As indicated in the element, City staff is currently working on a comprehensive zoning ordinance update to address inconsistencies between recently established general plan land -use designations and outdated zoning categories and the City Council adopted a resolution (as an interim measure) that allows projects to be "reviewed" in spite of this general plan /zoning inconsistency (page 5 -77). However, as stated in the Department's September 10, 2007 review, the element must be expanded to demonstrate that in addition to "reviewing" residential projects, they can actually receive final approval during the time period which the zoning ordinance is being updated. Affordable Housing Implementation Plan (AHIP): The draft element indicates the City requires an AHIP be prepared for projects with more than 50 residential units (page 5 -51). While the element describes threshold requirements for the preparation of an AHIP and in -lieu options, the element should be expanded to include a more specific analysis of the program's proposed implementation framework and demonstrate the ordinance will not act as a constraint on development of market -rate units. For example, the element should include a more specific description and analysis of the types of incentives the City will adopt to encourage and facilitate compliance with inclusionary requirements, what options are available for developers to meet affordability requirements, how the ordinance interacts with density bonus laws, and the current amount of any in -lieu fee. Constraints on Persons with Disabilities: The element must include a detailed description of the City's recently adopted policies regarding group home development and analyze this policy for requirements that may constrain housing for persons with disabilities. 3. Analyze the opportunities for energy conservation with respect to residential development (Section 65583(a)(8)). The element states Newport Beach's updated natural resources element contains polices that promote energy efficient construction and encourage provision of energy alternatives (page 5 -65), but does not provide a description of those policies. Given the importance of promoting strategies to address climate change and energy conservation, the City's analysis could facilitate adoption of housing and land -use policies and programs in the housing element that meet housing and conservation objectives. Planning to maximize energy efficiency and the incorporation of energy conservation and green building features can contribute to reduced housing costs for homeowners and renters. For example, the element could include incentives to encourage green building techniques and materials in new and resale homes, promote energy audits and participation in utility programs, and facilitate energy conserving retrofits upon resale of homes. Additional information on potential policies and programs to address energy conservation are available in the Building Blocks' website at http: / /www.hcd.ca.aov /hpd /housing element2 /SIA conservation.php. 272 -5- B. Quantified Objectives Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five -year time frame (Section 65583(b)(1 & 2)). The element does not address this requirement. It must quantify the number of housing units by income category that can be constructed, rehabilitated, and conserved over a five - year time period. This requirement could be addressed by utilizing a matrix like the one illustrated below: C. Housing Programs Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory -built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner- occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low - income households (Section 65583(c)(1)). As noted in finding Al, the element does not include a complete site analysis and therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. For your information, where the inventory does not identify adequate sites pursuant to Government Code Sections 65583(a)(3) and 65583.2, the element must provide a program to identify sites in accordance with subdivision (h) of 65583.2 for 100 percent of the remaining lower- income housing need with sites zoned to permit owner- occupied and rental multifamily uses by -right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 20 units per acre. Also, at least 50 percent of the remaining need must be planned on sites that exclusively allow residential uses. Furthermore, as noted in finding Al, pursuant to AB 1233, the element must identify the unaccommodated housing need by income level in the previous planning period and include programs to make sufficient capacity available by June 30, 2009. This demonstration is separate and in addition to adequate sites for the new planning period. 2�3 New Construction Rehabilitation Conservation Extremely Low - Income Very Low - Income Low - Income Moderate - Income Above Moderate - Income TOTAL C. Housing Programs Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory -built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner- occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low - income households (Section 65583(c)(1)). As noted in finding Al, the element does not include a complete site analysis and therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. For your information, where the inventory does not identify adequate sites pursuant to Government Code Sections 65583(a)(3) and 65583.2, the element must provide a program to identify sites in accordance with subdivision (h) of 65583.2 for 100 percent of the remaining lower- income housing need with sites zoned to permit owner- occupied and rental multifamily uses by -right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 20 units per acre. Also, at least 50 percent of the remaining need must be planned on sites that exclusively allow residential uses. Furthermore, as noted in finding Al, pursuant to AB 1233, the element must identify the unaccommodated housing need by income level in the previous planning period and include programs to make sufficient capacity available by June 30, 2009. This demonstration is separate and in addition to adequate sites for the new planning period. 2�3 At a minimum, the element should be revised as follows: Programs 3.2.1 and 3.2.2 must be revised to include timeframes for the adoption of the proposed development standards and zoning districts that implement general plan land -use designations and policies. As stated in the Department's September 10, 2007 review, given Newport Beach's reliance on a combination of mixed -use and redevelopment to accommodate its remaining housing need, Policy H.2.3 must be complemented with strong programs and implementation actions to facilitate such development (i.e., specific commitment to provide regulatory and /or financial incentives and promote the development of underutilized and /or mixed -use sites). To comply with the provision of Chapter 633, Statutes of 2007 (SB 2), Program 5.1. must be modified to identify a zone(s) where emergency shelters will be permitted without a conditional use permit (CUP) or other discretionary action within one Year of adoption of the housing element, and demonstrate sufficient capacity is available within this zone to accommodate at least one shelter. The zoning code must also permit transitional and supportive housing as a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. 2. The housing element shall contain programs which "assist in the development of adequate housing to meet the needs of extremely low -, low- and moderate- income households (Section 65583(c)(2)). While the element includes some programs to assist the development of very low -, low -, and moderate - income households, programs should be expanded or added pursuant to Chapter 891, Statutes of 2006 (AB 2634), to specifically assist in the development of a variety of housing types to meet the housing needs of extremely low- income households. 3. The housing element shall contain programs which "address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing" (Section 65583(c)(3)). As noted in finding A2, the element requires a more detailed analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to strengthen or add programs and address and remove or mitigate any identified constraints. 2�-4 r 4. The housing program shall preserve for low - income household the assisted housing developments identified pursuant to paragraph (8) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (8) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance (Section 65583(c)(6)). The element identifies 46 units as at -risk within the immediate planning period and another 87 units in the subsequent five years. Therefore, the element should strengthen Policy H.3, to include specific actions to address the potential loss of units. For example, the program should develop a strategy to quickly move forward in case units are noticed to convert to market -rate uses. In addition, Programs 4.1.1 through 4.1.3 should include specific timeframes for implementation. D. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort (Section 65583(c)(7)). While the element provides a detailed listing of organizations and individuals notified regarding workshops for the housing element update, it should also describe the success of the outreach and how comments received as part of the public participation process were incorporated into the housing element. Newport Beach should continue to engage the community, including the parties commenting on the element, through any revisions and subsequent adoption of those revisions to the housing element. 27,5 STATF OF CALIFORNIA - ROSINESS. TRANSPORTATION A D HOUSING AGENCY FOMl1ND .I. BROWN IR_ Governn DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ^— , DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 v 11i� I i„ P. O. Box 952053 Sacramento, CA 94252 -2053 (916) 323 -3177 /FAX (91.6) 327 -2643 . vnnv.hcd.ca.gov April 15, 2011 Mr. James Campbell Acting Planning Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Dear Mr. Campbell: RE: Review of the City of Newport Beach's Revised Draft Housing Element Update Thank you for submitting Newport Beach's revised draft housing element update received.for review on February 14; 2011, along with additional revisions received on April 11, 2011. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). Telephone conversations with Messers Gregg Ramirez, Senior Planner, and Jamie Murillo, Associate Planner, facilitated the review. In addition, pursuant to Government Code Section 65585(c), the Department considered comments from Mr. Cesar Covarrubias, from the Kennedy Commission, Ms. Kathy Lewis and Ms. Pauline Chow, from the Public Law Center. The revised draft element addresses most of the statutory requirements described in the Department's October 24, 2008 review. For example, the element now includes a programs to assist in the development of housing affordable to extremely —low income households and encourage and facilitate development of housing within the John Wayne Airport Planned Community Area. However, the following revisions are still necessary to comply with State housing element law (Article 10.6 of the Government Code): Analyze potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing; and emergency shelters identified pursuant to paragraph (7) (Section 65583(a)(5)). 27-O Mr. James Campbell Page 2 Local Processing and Permit Procedures: The element indicates the City has adopted General Plan and zoning revisions since the submittal of the last draft (page 5 -91). As part of these revisions, mixed -use development, including freestanding residential, is now permitted within the John Wayne Airport Planned Community Area. As stated in the element, mixed -use and residential projects would require a planned community development plan to establish desired development standards for the particular project as part of the approval process. However, pursuant to conversations with staff, it is our understanding that part of this process would require an amendment to the text of the current John Wayne Airport Area Plan to approve a change of use designation for each proposed project. The element must describe this process, analyze how these permit processing procedures impact the certainty and predictability of development, and demonstrate they do not pose a constraint, particularly for residential development affordable to lower- income households. As a result, the element may need to include programs to address and remove or mitigate these requirements. 2. Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory-built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner - occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low- income households (Section 65583(c)(1)). As stated above, the element must include analysis to demonstrate processing procedures for the John Wayne Airport Planned Community Area do not constrain development on sites identified in the inventory to address the City's regional need of housing affordable to lower- income households. Please be aware, should process procedures impact the City's ability to accommodate the City's regional need of 770 units for lower- income households or require a zone change for sites identified in the element, revisions may be required to demonstrate the suitability of sites or to include program actions as appropriate to address the statutory requirements of Government Code Section 65583.2 (h) and (i) and 65584.09. In necessary, the rezone program must allow for 100 percent of the remaining lower- income housing need with sites zoned to permit owner - occupied and rental multifamily uses by -right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 20 units per acre. Also, at least 50 percent of the remaining need must be planned on sites that exclusively allow residential uses. Once the element has been revised to adequately address this requirement, it will comply with State housing element law. 2L7 Mr. James Campbell Page 3 The Department is committed to assist Newport Beach in addressing all statutory requirements of State housing element law. If you have any questions or need additional technical assistance, please contact Melinda Benson, of our staff, at (916) 445 -5307. Sincerely, `� Glen A. Campora U Assistant Deputy Director 2�g 279 Attachment No. CC 5 Housing Element Worksheet 220 221 HOUSING ELEMENT REVIEW WORKSHEET Locality Newport Beach Draft Adopted HCD Receipt Date Contact Person Jaime Murillo Phone # 949 - 644 -3209 Coastal Zone ves Did the jurisdiction use the Building Blocks' website? Yes X No ❑ Section numbers refer to the Government Code (Article 10.6). I. Public Participation (GC 65588(c)) Page # A. Diligent efforts to achieve public participation of all economic segments of the community 5 -6 to 5 -8 in the development and adoption of the element. B. Description of how public input was or will be considered and incorporated in the element. 55 =8 II. Review and Revision (GC 65588(a) & (b)) Page # A. Evaluation and revision of the previous element: 5 -100 to 1. "Effectiveness of the element" (Section 65588(a)(2)): A review of the actual results of 5 -115 the previous element's goals, objectives, policies, and programs. The results should be quantified where possible (i.e., number of housing units rehabilitated). 2. "Progress in implementation' (Section 65588(a)(3)): An analysis of the significant 5 -100 to differences between what was planned in the previous element and what was achieved. 5 -115 3. "Appropriateness of goals, objectives and policies" (Section 65588(a)(1)): A description 5 -100 to of how the goals, objectives, policies and programs of the updated element incorporate 5 -115 what has been learned from the results of the previous element. B. Adequate sites implementation /rezone program (GC Section 65584.09); if needed. 5 -44 to (Unaccomodated need) 5 -45 III. Housing Needs Assessment (GC 65583(a)) Owner Renter Total Page # A. Population and Employment Trends 5 -23 to 55 -26 5 -34 B. Household Characteristics 5 -26 to 5 -34 1. Number of existing households 18,351 14,697 33,048 5 -29 2. Total households overpaying for housing 6 276 4 850 11.126 5 -29 3. Lower income households overpaying 2 117 3 245 5 462 5 -29 4. Total number of existing extremely low- 1 017 1 288 2 205 5 -29 income households 5. Total number of projected extremely low- 225 5 -116 income households revised: 1.07.09 1 of 6 222 C. Housing Stock Characteristics 1. Housing conditions: number of units needing rehabilitation /replacement 2. Overcrowded households 3. Housing costs (for sale and rental) 4. Housing units by type 5. Vacancy rates D. Special Housing Needs Analyses 1. Persons with disabilities 2. Elderly 3. Large households 4. Farmworkers (seasonal and permanent) 5. Female headed households 6. Homeless 7. Other Students Owner Renter Total Page # 102 513 varies varies 0.9% 3.4% 235 5 -15 615 5 -33 to 5 -34 varies 5 -30 to 5 -33 42,580 5 -9 to 5 -10 5 -14 to 5 -15 Owner Renter Total Page # 8.386 5 -35 to Page # E. Analysis of opportunities for energy conservation in residential development [provide incentives to encourage green building practices, promote higher density, compact infill 5 -80 development and passive solar design]. Page # F. Analysis of existing assisted housing projects at -risk of converting to non -low income uses. 5 -17 to 5 -23 1. Inventory of at -risk units 2. Assessment of risk 3. Estimate of replacement vs. preservation costs 4. Identify qualified entities 5. Identify potential funding revised: 1.07.09 2 of 6 283 5 -36 6 550 2 224 8 774 5 -37 to 5 -38 33.071 14.663 47.734 5 -38 140 5 -43 1,046 5 -36 80 5 -38 to 5 -43 N/A N/A N/A 5 -35 Page # E. Analysis of opportunities for energy conservation in residential development [provide incentives to encourage green building practices, promote higher density, compact infill 5 -80 development and passive solar design]. Page # F. Analysis of existing assisted housing projects at -risk of converting to non -low income uses. 5 -17 to 5 -23 1. Inventory of at -risk units 2. Assessment of risk 3. Estimate of replacement vs. preservation costs 4. Identify qualified entities 5. Identify potential funding revised: 1.07.09 2 of 6 283 Page # G. Projected housing need, including the locality's share of the regional housing needs as 5 -43 to determined by the COG or HCD. 5 44 Income Category Very low- (0 -50% of area of median - income) 389 Other lower- (51 -80% of area median income) 319 Moderate- (81 -120% of area median income) 359 Above - moderate (over 120% of area median income) 702 1,769 TOTAL UNITS IV. Sites Inventory and Analysis and Zoning for a Variety of Housing Types (GC Sections 65583(a)(3), 65583(c)(1) and 65583.2) Page # A. Sites Inventory (GC 65583.2(a) and (b)) 1. Listing of properties by parcel number or unique reference (GC 65583.2(b)(1)) Appendix H4 2. Listing of properties by size (GC 65583.2(b)(2)) 3. Listing of properties by general plan designation and zoning (GC 65583.2(b)(2)) 4. For non- vacant sites, description of existing uses (GC 65583.2(b)(3)) 5. Map of sites (GC 65583.2(b)(7)) B. Sites Inventory Analysis of Suitability and Availability (GC 65583.2) 5 -46 to 5- 1. Realistic development capacity calculation accounting for site improvements and land- 54 & use controls (GC 65583.2(c)(1 &2)) Appendix H4 2. Analysis of non - vacant and underutilized lands (GC 65583.2(g)) 2 & to 5- 9 92 & Appendix H4 3. Identification of zoning appropriate for housing for lower- income households (GC 65583.2(c)(3)) same 4. Environmental constraints (GC 65583.2(b)(4)) Appendix H4 5. Infrastructure including planned water, sewer, and other dry utilities supply (GC 65583.2(b)(5)) same revised: 1.07.09 3 of 6 224 Page # C. Zoning for a Variety of Housing Types (GC 65583(c)(1) and 65583.2(c)) V. Constraints on Housing (GC Section 65583(a)(4) and (5)) Page # A. Governmental Constraints (GC 65583)(a)(4)) 1. Land -use controls (e.g., zoning - development standards, including parking, 5 -83 to height limits; setbacks, lot coverages, minimum unit sizes, growth controls) 5 -99 2. Codes and enforcement (e.g., any local amendments to UBC, degree or type of 5 -94 enforcement) 3. On /Off-site improvements (e.g., curbing requirements, street widths, circulation 5 -91 improvements) 4. Fees & exactions (permit and impact fees & land dedication or other requirements 5 -86 to 1. Multifamily rental housing 5 -87 2. Housing for agricultural employees (permanent and seasonal) 5 -87 2. Emergency shelters 5 -89 to planned development, processing times) 5 -90 4. Transitional housing 5 -90 5. Supportive housing 5 -98 5 -90 6. Single -room occupancy 5 -89 7. Mobilehomes /Factory -built housing 5 -86 to 5 -87 V. Constraints on Housing (GC Section 65583(a)(4) and (5)) Page # A. Governmental Constraints (GC 65583)(a)(4)) 1. Land -use controls (e.g., zoning - development standards, including parking, 5 -83 to height limits; setbacks, lot coverages, minimum unit sizes, growth controls) 5 -99 2. Codes and enforcement (e.g., any local amendments to UBC, degree or type of 5 -94 enforcement) 3. On /Off-site improvements (e.g., curbing requirements, street widths, circulation 5 -91 improvements) 4. Fees & exactions (permit and impact fees & land dedication or other requirements 5 -94 to imposed on developers) 5 -95 5. Processing and permit procedures (e.g., permit and approval process including 5 -95 to discretionary review procedures; description of permitted uses; design review process; 5 -96 planned development, processing times) 6. To housing for persons with disabilities (reasonable accommodation procedure, zoning 5 -96 to and land use, building codes) 5 -98 Page # B. Nongovernmental Constraints (GC Section 65583(a)(5)) 5 -81 1. Availability of financing 5 -81 to 2. Price of land 5 -82 5 -81 to 3. Cost of construction 5 -82 revised: 1.07.09 4 of 6 2215 VI. Quantified Objectives (GC Section 65583(b)(1)) Estimate quantified objectives for the number of housing units (by income level) over the time frame of the element: Construction Extremely Low 226 Very Low 225 Low 319 Moderate 442 .. Moderate 702 Rehabilitation 50 50 5 17 0 Conservation /Preservation 99 33 32 0 0 TOTAL 374 308 356 459 702 VII. Other Topics Page # Description of means by which consistency will be achieved and maintained with other general plan elements (GC Section 65583(c)(6)(B)). 5 -91 Construction, demolition and conversion of housing for lower -and moderate - income Housing households in the coastal zone (GC Section 65588(c) and (d)). Program 2.2.5 5 -120 & Housing C. Priority water and sewer services procedures for developments with units affordable to Program lower- income households (GC Section 65589.7). 2.2.9 revised. 1.07.09 5 of 6 220 VII. Housing Programs (GC 65583(c)) Summarize programs from the element below. Program .. Program .- Responsible Page Provide adequate sites (65583(c)(1)): 2,1.5 VAR ES 1. Programs to provide capacity to 2.2'1 22 accommodate regional need 2..2..5 5 VARIES VARIES 2. Programs to provide sites to accommodate 2.2 22 all income levels .7 2..2..8 8 3. Program for a variety of housing types 2 2..3.1 3.1 3.2.2 3.3.3 4.2.4 5.1.3 5.1.6 Assist in the development of adequate housing 2 2..113 to meet the needs of extremely low -, very low -, . .3 2.1.5 low- and moderate- income households 2.1.6 (65583(c)(2)): 2.2.3 VARIES 1. Utilize federal, State, and local financing 2 2..22.1 0 1 and subsidies . 2.2.11 2. Provide regulatory concessions and 3.1.1 3.1.2 incentives 3.1.3 3. Describe the amount and uses of monies in 5.1.1 the redevelopment agency's L &M Fund 4. Other Address governmental constraints 3.2.1 32 (65583(c)(3)): 3..2..3 3 1. Land -use controls VARIES 2. Building codes 3. Site improvements 4. Fees and exactions 5. Processing and permit procedures 6. Housing for persons with disabilities Conserve and improve the condition of the 1.1.1, 1.1.2, 1.1.3, 4.2.7, 4.2.8, existing affordable housing stock (65583(c)(4)) 2.1.4, 4.2.1, 4.2.2, 4.2.9, 4.2.10, 4.2.3, 4.2.5, 4.2.6 5.1.2 Program to promote equal housing opportunities 5.1.4, 5.1.6, 5.1.7, (65583(c)(5)) 5.1.8, 6.1.1, 6.1.2 VARIES 2.1.1, 4.1.1, 4.1.2, Preserve units at -risk (65583(c)(6)(d)) 4.1.3, 4.1.4, 4.1.5 VARIES revised: 1.07.09 6 of 6 227 Attachment No. CC 6 November 3, 2011, Planning Commission Minutes 22R 229 NEWPORT BEACH PLANNING COMMISSION MINUTES NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers — 3300 Newport Boulevard Thursday, November 3, 2011 REGULAR MEETING 6:30 p.m. A. CALL TO ORDER — The meeting was called to order at 6:30 p.m. B. PLEDGE OF ALLEGIANCE — Led by Commissioner Ameri C. ROLL CALL 11/03/2011 PRESENT: Ameri, Hawkins, Hillgren, Myers, Toerge, and Unsworth ABSENT (EXCUSED): Kramer Staff Present: Kimberly Brandt, Community Development Director; Leonie Mulvihill, Assistant City Attorney; Tony Brine, City Traffic Engineer; Jaime Murillo, Associate Planner; Melinda Whelan, Assistant Planner; and Marlene Burns, Administrative Assistant D. PUBLIC COMMENTS Jim Mosher referenced the minutes from an earlier meeting relative to receiving public comments and the requirements of the Brown Act. E. REQUEST FOR CONTINUANCES - None. PLANNING COMMISSION APPOINTMENTS TO THE GENERAL PLAN /LOCAL COASTAL PROGRAM IMPLEMENTATION COMMITTEE Community Development Director Brandt reported that currently there are three (3) seats that the Planning Commission has allocated to the Committee and currently Vice Chair Toerge is the sole representative. The Committee is an ad hoc Committee that has not met in over a year. She added that there are two (2) vacancies and staff felt it appropriate to ask the Chair if he would like to fill these vacancies so that at such time as the Committee were to reconvene there would be full representation. Vice Chair Toerge affirmed his willingness to continue to be on the Committee. Discussion followed regarding the schedule of meetings. Vice Chair Toerge nominated Commissioner Hillgren to the Committee. Commissioner Hawkins seconded the nomination. Chair Unsworth recommended Commissioner Hillgren and Commissioner Amen to the Committee. Interested parties were invited to address the Commission on this item. Jim Mosher commented on the role of the Committee and referenced the Coastal Land Use Plan which shows two (2) areas within the City that have been excluded for many years from the Coastal Zone and identified these zones. He stated the original Coastal Act allowed such exclusions but only if they were made subject to an order conditioned on there being no future changes in the height, density, or nature of use. He noted that it is no longer a safe assumption for King's Road and part of Mariner's Mile. He encouraged the Committee to work on getting that part of the City back in the Coastal Zone. He also Page 1 of 5 '90 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/03/2011 encouraged the Commissioners to seek certification of the Coastal Program Implementation Plan so that residents do not have to take minor permit matters to the Coastal Commission. Chair Unsworth appointed Commissioners Hillgren and Ameri to the General Plan /Local Coastal Program Implementation Committee. G. CONSENT ITEMS ITEM NO. 1 Minutes of October 20, 2011 Chair Unsworth recused himself from Items No. 2 and 3 because he is a Member of the Newport Beach Country Club. Commissioner Myers recused himself from Items No. 2 and 3 due to his economic interest in Golf Realty Fund. They left the dais and the Chambers. The Minutes were considered in two (2) separate motions. Motion by Commissioner Hawkins, seconded by Commissioner Hillgren, and carried (4 — 0) with two recusals (Myers and Unsworth) and one absent (Kramer) to approve Items 2 and 3 of the Minutes of October 20, 2011, as corrected. AYES: Ameri, Hawkins, Hillgren, and Toerge NOES: None. ABSENT(RECUSED): Myers and Unsworth (Recused), Kramer (Absent) ABSTAIN: None. Chair Unsworth and Commissioner Myers returned to the Chambers and took their place on the dais. Motion by Commissioner Hillgren, seconded by Commissioner Hawkins, and carried (6 — 0) with one absent (Kramer) to approve Items Nos. 1 and 4 through 9 of the Minutes of October 20, 2011, as corrected. AYES: Ameri, Hawkins, Hillgren, Myers, Toerge, and Unsworth NOES: None. ABSENT(RECUSED): Kramer (Absent) ABSTAIN: None. H. PUBLIC HEARING ITEMS ITEM NO. 2 Housing Element Update - (PA2008 -078) 3300 Newport Blvd. Newport Beach Associate Planner Murillo provided a PowerPoint presentation addressing an explanation of the House Element noting it is the only element that requires review by the State Department of Housing and Community Development. The Plan sets up a seven -year (7) plan to meet the existing and projected housing needs of all economic segments of the community. It identifies constraints to the development of housing and establishes goals, policies, and programs pertaining to housing needs of the City. Mr. Murillo addressed a brief history of the Housing Element including public workshops to provide an opportunity for members of the community to provide feedback. He listed meetings and actions taken since the development of the first draft of the Housing Element in 2008. Page 2 of 5 29- NEWPORT BEACH PLANNING COMMISSION MINUTES 11/03/2011 Mr. Murillo noted that the State Department of Housing and Community Development (HCD) has preliminarily approved the final draft currently proposed. Upon adoption of the Housing Element by the City Council, HCD will find the City consistent with all statutory requirements of State Housing Element Law. He described the Existing Housing Needs portion of the Housing Element and noted it includes an analysis of population and employment trends, an analysis of household characteristics, housing stock conditions, affordable housing projects and units at risk of conversion to market rate including resources, and programs to preserve those units. It also includes an analysis of special housing needs. Mr. Murillo presented details of each major component of the Housing Element including Regional Housing Needs Assessment. He noted the City is not required to construct units, but it is required to show good faith effort in assisting in the development of housing and providing adequate sites to accommodate the projected housing needs. Mr. Murillo reported during the previous planning period that the City lost its certification of the Housing Element. Therefore, the State requires the City to carry over its unmet need from the previous planning period to housing projections for this planning period. He added 62 very-low income units and 83 moderate - income units were required to be carried over to this period's housing projection. He addressed total projected units. Mr. Murillo explained the Site Analysis and Inventory and addressed housing opportunities and constraints regarding development of housing in the airport area. Specifically, Housing Program 3.2.2, which is proposed to address the potential constraint that Land Use Element Policy 6.15.6 poses to the development of affordable housing in the Airport Area due to a 10 -acre site consolidation requirement and Housing Program 3.2.3, which is proposed to require the City to amend the Newport Place and Koll Center Planned Communities to allow residential development that includes thirty (30 %) percent affordable units, subject to site development review. He addressed that the Housing Element includes other programs related to conservation and improvement of housing, variety of housing opportunities, adequate residential sites, provision and preservation of affordable housing, housing for special needs groups, fair housing and program monitoring. Mr. Murillo referenced the Negative Declaration that was prepared for the project noting that as a result, there are no significant impacts on the environment. He addressed circulation of the document, comments received, and preparation of responses by staff. In response to Vice Chair Toerge's inquiry, Mr. Murillo reported the time period for review and submission of the Housing Element varies from planning period to planning period. Commissioner Hawkins reported that he reviewed the document and expressed concerns with HCD's handling of the City's Zoning Code and General Plan. He felt their comments were not definitive regarding striking the 10 -acre minimum or provide for revisions or the definition of an SRO. He opined that they were seeking justification as to why these were not constrained. He felt that the City is being required, pursuant to the Housing Element, to amend the General Plan and PC text. He opined there is justification for the overall approach taken with the General Plan and the Code. Community Development Director Brandt reported the elimination of the 10 -acre minimum would be a subsequent action in the implementation of the Housing Element Program. This would be done through a subsequent General Plan Amendment or other waiver provision, such as within the PC text amendment for the two (2) PC areas. She added that while maintaining a site development review requirement, the City has not waived its ability to look at each project on its own merit or its own design to ensure the density and project amenities are appropriate for the area. The intent is to eliminate the zoning code change that would be required since the City currently does not have the ability for a residential project to be proposed without an accompanying Planned Community text amendment for adoption. With the proposed program, a future applicant would be able to approach the City with solely a site development plan. Page 3 of 5 292 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/03/2011 With regard to the Negative Declaration, Commissioner Hawkins opined that waiving the 10 -acre requirement for residential development in the Airport Area results in land use impacts. He also stressed that the City could justify the minimum 10 -acre site requirement to HCD. Chair Unsworth opened the public hearing. James Kawamura spoke on behalf of himself and an owner in Newport Place noting that they would be affected by the changes. He addressed the elimination of the 10 -acre minimum requirement and expressed concerns with the restrictions that were proposed. He spoke in support of eliminating the 10 -acre minimum requirement, but expressed concerns with the thirty (30 %) percent requirement for affordable housing. Mr. Kawamura inquired regarding the thirty -five (35 %) percent density bonus, and the calculation and design of the units eligible for the density bonus. Mr. Murillo reported that the details of the PC amendment have not yet been worked out, but clarified that the density bonus allowed by the City would be calculated based on the total number of units proposed, including the affordable units. In addition, he stated that the affordable units could be smaller and finished with different materials within the interiors. In response to Commissioner Hawkins's question, Mr. Murillo noted the General Plan Amendment and /or PC text changes would require follow through and return to the Commission and the City Council. Community Development Director Brandt responded to Commissioner Hawkins' inquiry clarifying that the Housing Element is a General Plan Amendment. Any subsequent program pursuant to the Housing Element would be reviewed according to an appropriate level. If the Planning Commission in its recommendation to the City Council considers an amendment to the PC text that is in conflict with the Housing Element, it would be appropriate to amend the Housing Element at that time. Depending on what it is, staff may need to resubmit the Housing Element to the State in order to maintain its consistency finding. Chair Unsworth closed the public hearing. Motion by Commissioner Hillgren, seconded by Commissioner Amed, and carried (5 - 1) with one absent (Kramer) to adopt the Resolution recommending adoption of the draft 2008 -2011 Housing Element to the City Council and the Negative Declaration. AYES: Ameri, Hillgren, Myers, Toerge, and Unsworth NOES: Hawkins ABSENT(RECUSED): Kramer (Absent) ABSTAIN: None. NEW BUSINESS Commissioner Ameri inquired regarding a document received relative to the November 17, 2011, meeting wherein one agenda item will be considered. J. STAFF AND COMMISSIONER ITEMS ITEM NO. 3 Community Development Director's report. Community Development Director Brandt reported that two (2) applications for the Newport Beach Country Club were continued to the November 17, 2011, Planning Commission meeting. She reported the Planning Commission can start at its normal time of 6:30 p.m. Page 4 of 5 293 NEWPORT BEACH PLANNING COMMISSION MINUTES 11/03/2011 She reported the Lido Village Design Guidelines will be presented to the Ad Hoc Committee next week, November 10, 2011, at 4:00 p.m. in Council Chambers. She added the Housing Element will be presented to the City Council at their meeting of November 22, 2011. In response to Commissioner Ameri's questions, Ms. Brandt reported that staff has met with the different applicants to discuss different issues and foresees the possibility of good news to report and that progress is being made. Regarding the Dolphin Striker, Ms. Brandt reported that the Council reviewed the appeals for Bubbles and Dolphin Striker applications. Both were approved by the City Council. ITEM NO. 4 Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report - None. ITEM NO. 5 Request for excused absences. Commissioner Myers requested to be excused as he will recuse himself on both items being heard at the November 17, 2011, Planning Commission due to the fact that he has an economic interest in Golf Realty Fund. ADJOURNMENT -7:23 p.m. Page 5 of 5 294 295 Attachment No. CC 7 Negative Declaration distributed separately to the City Council on November 3, 2011, due to bulk, and is available at the City Clerk's office and online at the environmental document download page htti)://www.newi)ortbeachca.gov/index.asi)x ?page =1347 ::�9 C, �9� INITIAL STUDY /NEGATIVE DECLARATION City of Newport Beach Housing Element Update (2008 -2014) LEAD AGENCY: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Contacts: Mr. Jaime Murillo, Associate Planner (949) 644 -3209 Ms. Melinda Whelan, Assistant Planner (949) 644 -3221 PREPARED BY: Keeton Kreitzer Consulting 180 South Prospect Avenue, Suite 140A P. O. Box 3905 Tustin, California 92781 -3905 Contact: Mr. Keeton K. Kreitzer, Principal (714) 665 -8509 September 30, 2011 29 2 T his Pape interrifio sally left € lan X99 TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 STATUTORY AUTHORITY AND REQUIREMENTS ........................................ ............................... 1 1.2 PURPOSE .......................................................................................................... ..............................2 1.3 TIERING_ ........ .............................................. ....... ................................. ... _ ...................... .......... 2 1.4 INCORPORATION BY REFERENCE .............................................................. ............................... 2 2.0 PROJECT DESCRIPTION ........................................................................................... .......I....................... 5 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING ............................ ............................... 5 2.2 PROJECT CHARACTERISTICS ...................................................................... ............................... 9 3.0 ENVIRONMENTAL SUMMARY ................................................................................ ............................... 15 3.1 BACKGROUND ................................................................................................ .............................15 3.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED..... ............ _ ....... ....... _ ................... 16 3.3 EVALUATION OF ENVIRONMENTAL IMPACTS... ................. _ ................................................... 16 4.0 ENVIRONMENTAL ANAL 19 4.1 AESTHETICS .................................................................................................... .............................19 4.2 AGRICULTURE AND FOREST RESOURCES .............................................. ............................... 22 4.3 AIR QUALITY .................................................................................................. ............................... 23 4.4 BIOLOGICAL RESOURCES .......................................................................... ............................... 29 4.5 CULTURAL RESOURCES ............................................................................. ............................... 34 4.6 GEOLOGY AND SOILS .................................................................................. ............................... 37 4.7 GREENHOUSE GAS EMISSIONS ................................................................. ............................... 43 4.8 HAZARDS AND HAZARDOUS MATERIALS ................................................... .............................46 4.9 HYDROLOGY AND WATER QUALITY .......................................................... ............................... 54 4.10 LAND USE AND PLANNING .......................................................................... ............................... 62 4.11 MINERAL RESOURCES .................................................................................. .............................64 4.12 NOISE ............................................................................................................... .............................65 4.13 POPULATION AND HOUSING ...................................................................... ............................... 68 4.14 PUBLIC SERVICES ........................................................................................ ............................... 70 4.15 RECREATION ................................................................................................... .............................74 4.16 TRANSPORTATION( TRAFFIC ......................................................................... .............................75 4.17 UTILITIES AND SERVICE SYSTEMS ........................................................... ............................... 78 4.18 MANDATORY FINDINGS OF SIGNIFICANCE .............................................. ............................... 84 4.19 REFERENCES ............................................................................................... ............................... 86 4.20 REPORT PREPARATION PERSONNEL ....................................................... ............................... 87 5.0 CONSULTANT RECOMMENDATION ........................................................................ .............................89 6.0 LEAD AGENCY DETERMINATION ............................................................................ .............................91 7.0 COMMENTS AND RESPONSES ................ ............................... .......................Included with Final IS /ND 8.0 MITIGATION MONITORING AND REPORTING PROGRAM ... .......................Included with Final IS /ND 300 This page intentionady Reft blank 302 SEW �RT City of Newport Beach Housing Element Update Initial Study /Negative Declaration C9Cl F00.H`P 1.0 INTRODUCTION The City of Newport Beach's Housing Element details the City's strategy for enhancing and preserving the community's character, identifies strategies for expanding housing opportunities and services for all household types and income groups, and provides the primary policy guidance for local decision - making related to housing. The Housing Element provides in -depth analysis of the City's population, economic, and housing stock characteristics as well as a comprehensive evaluation of programs and regulations related to housing. Through this evaluation and analysis, the City has identified priority goals, polices, and programs that directly address the housing needs of current and future City residents. The City completed a comprehensive update of its General Plan in 2006, which is herein incorporated by reference. Through the General Plan update process, several key areas in the City were identified as ideal locations for future housing opportunities. Through this process, significant new areas for future housing development were identified that included the re- designation of some commercial /office /industrial areas for residential or mixed residential /commercial uses. As part of the comprehensive General Plan update, the existing 2000 -2005 Housing Element was reviewed for consistency, updated, and adopted to reflect land use changes and new residential opportunities identified as part of the General Plan update. The 2008 -2014 Housing Element is an update and revision to the 2006 Housing Element and consist of new technical data and updated policies and programs. The land use opportunities areas developed as part of the General Plan have remained the same. This Housing Element also addresses meeting the Regional Housing Needs Allocation (RHNA) for the planning period of January 1, 2006, through June 30, 2014, and is consistent with recent revisions to State Housing Element Law. Following preliminary review of the proposed City of Newport Beach Housing Element Update (Project), the City has determined that the Project is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). This Initial Study addresses the direct, indirect, and cumulative environmental effects associated with the Project, as proposed. 1.1 STATUTORY AUTHORITY AND REQUIREMENTS In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 - 21177) and pursuant to Section 15063 of Title 14 of the California Code of Regulations (CCR), the City of Newport Beach, acting in the capacity of Lead Agency, is required to undertake the preparation of an Initial Study to determine if the proposed Project would have a significant environmental impact. If, as a result of the Initial Study, the Lead Agency finds that there is evidence that any aspect of the project may cause a significant environmental effect, the Lead Agency shall further find that an Environmental Impact Report (EIR) is warranted to analyze project - related and cumulative environmental impacts. Alternatively, if the Lead Agency finds that there is no evidence that the project, either as proposed or as modified to include the mitigation measures identified in the Initial Study, may cause a significant effect on the environment, the Lead Agency shall find that the proposed project would not have a significant effect on the environment and shall prepare a Negative Declaration for that project. Such determination can be made only if "there is no substantial evidence in light of the whole record before the Lead Agency" that such impacts may occur (Section 21080(c), Public Resources Code). The environmental documentation, which is ultimately selected by the City of Newport Beach in accordance with CEQA, is intended as an informational document undertaken to provide an environmental basis for subsequent discretionary actions upon the project. The resulting documentation is not, however, a policy document and its approval and /or certification neither presupposes nor mandates any actions on the part of those agencies from whom permits and other discretionary approvals would be required. September 30, 2011 1 Initial Study /Negative Declaration 302 aEW PORT City of Newport Beach Housing Element Update u -z Initial Study /Negative Declaration C9</FOAAP The environmental documentation and supporting analysis is subject to a public review period. Because at least one state agency (California Department of Housing and Community Development) is a responsible agency, the review period is determined to be 30 days. During this review, public agency comments on the document relative to environmental issues should be addressed to the City of Newport Beach. Following review of any comments received, the City of Newport Beach will consider these comments as a part of the project's environmental review and include them with the Initial Study documentation for consideration by the City of Newport Beach. 1.2 PURPOSE The purposes of the Initial Study /Environmental Checklist are to: (1) identify environmental impacts, (2) provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or Negative Declaration; (3) enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared; (4) facilitate environmental assessment early in the design of the project; (5) provide documentation of the factual basis for the finding in a Negative Declaration that a project would not have a significant environmental effect, (6) eliminate needless EIRs; (7) determine whether a previously prepared EIR could be used for the project; and (8) assist in the preparation of an EIR, if required, by focusing the EIR on the effects determined to be significant, identifying the effects determined not to be significant, and explaining the reasons for determining that potentially significant effects would not be significant. Section 15063 of the CEQA Guidelines identifies specific disclosure requirements for inclusion in an Initial Study. Pursuant to those requirements, an Initial Study shall include: (1) a description of the project, including the location of the project; (2) an identification of the environmental setting; (3) an identification of environmental effects by use of a checklist, matrix or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries; (4) a discussion of ways to mitigate significant effects identified, if any; (5) an examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls; and (6) the name of the person or persons who prepared or participated in the preparation of the Initial Study. 1.3 TIERING Agencies are encouraged to tier the environmental analyses, which they prepare for separate but related projects including general plans, zoning changes, and development projects. According to CEQA (CEQA Guidelines Section 15152, Tiering) "tiering" refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. This approach is intended to eliminate repetitive discussions of the same issues and focus the later EIR or negative declaration on the actual issues pertinent to each level of environmental review. Consequently, because the Housing Element Update would not result in alterations of the land use opportunities evaluated in the 2006 General Plan EIR, but instead, merely addresses updated policies to meet the revised RHNA allocation, the tiering process is appropriate in this situation. 1.4 INCORPORATION BY REFERENCE As permitted by Section 15150 of the State CEQA Guidelines, this initial study incorporates several documents by reference. The reference documents identified below were utilized during the preparation of the Initial Study. The relevant information and /or analysis that has been incorporated by reference into this initial study has been summarized. Each of the documents identified below, which have been September 30, 2011 2 Initial Study /Negative Declaration SOS �Ew�Rr � City of Newport Beach Housing Element Update Initial Study /Negative Declaration C9C/ p PAP incorporated by reference, are available for review at the City of Newport Beach Planning Department, located at 3300 Newport Boulevard, Newport Beach, California 92663. City of Newport Beach General Plan (adopted July 25, 2006). The purpose of the City of Newport Beach General Plan (General Plan) is to provide a general, comprehensive, and long -range guide for community decision - making. The Newport Beach General Plan is organized into ten elements. General Plan Elements have been re- organized by thematic topic for clarity and to avoid redundancy. The subjects of the Conservation and Open Space Element have been merged into the Natural Resources Element. The General Plan also includes Parks and Recreation, Historical Resources, Arts and Cultural and Harbor and Bay Elements. Each General Plan element presents an overview of its scope, summary of conditions and planning issues, goals, and policies. Goals and policies of the General Plan are applicable to all lands within the City's jurisdiction. Consistent with state statutes, it also specifies policies for the adopted Sphere of Influence (SOI), encompassing Banning Ranch. City of Newport Beach Environmental Impact Report General Plan 2006 Update (April 21 2006) SCH No. 2006011119. The City of Newport Beach Environmental Impact Report General Plan 2006 Update (General Plan EIR) reviews the City's and Planning Area's existing conditions, analyzes potential environmental impacts from implementation of the General Plan Update, identifies policies from the proposed General Plan Update that serve to reduce and minimize impacts, and identifies additional mitigation measures, to reduce potentially significant impacts of the General Plan Update. The EIR presents a worst -case scenario based upon the City's and adjacent areas' maximum potential development from 2002 through 2030. The EIR was prepared as a Program EIR (CEQA Guidelines Section 15168, Program EIR), and as such, was intended to serve as the environmental document for a series of actions contemplated by the General Plan, including amending the Zoning Ordinance to bring it into consistency with the General Plan. CEQA provides for using a Program EIR to ensure consideration of cumulative impacts, avoid duplicative reconsideration of basic policy issues, and allow early identification and evaluation of program wide mitigation measures. As discussed above in Section 1.4 (Tiering), agencies are encouraged to tier the environmental analyses, which refers to using the analysis of general matters contained in a broader EIR (i.e., General Plan) with later EIRs/negative declarations on narrower projects. The City is using the tiering concept, as permitted under the CEQA Guidelines, and the environmental analysis contained within this document for the Housing Element Update is being tiered with the General Plan Update EIR. This Housing Element Update IS /ND is incorporating by reference the environmental analysis from the broader General Plan Update EIR, which provides a description of the environmental setting and environmental impact conclusions. The baseline conditions for analysis are those identified within the General Plan Update EIR. The purpose of the Zoning Code is to promote growth in Newport Beach in an orderly manner, while promoting public health, safety, peace, comfort and general welfare. The Zoning Code also establishes zoning districts and regulations for the use of land and development for properties within the City. The Zoning Code has been amended several times since 1997, but has not been comprehensively updated until this time. September 30, 2011 3 Initial Study /Negative Declaration SO4 'E�'ORr City of Newport Beach o� ys e Housing Element Update = Initial Study /Negative Declaration 9CIFCIp� This page left intentionally blank September 30, 2011 4 Initial Study /Negative Declaration 305 ��'W�PORr City of Newport Beach Housing Element Update Initial Study /Negative Declaration 9< /Fp PH` 2.0 PROJECT DESCRIPTION 2.1 PROJECT LOCATION AND ENVIRONMENTAL SETTING PROJECT LOCATION The City of Newport Beach is located in Southern California, within the westernmost portion of Orange County, California; refer to Exhibit 2 -1 (Regional Vicinity Map). Newport Beach is bordered by the cities of Costa Mesa to the northwest, Irvine to the northeast, unincorporated Orange County to the southeast, and by the Pacific Ocean to the west, refer to Exhibit 2 -2 Local Vicinity). ENVIRONMENTAL SETTING Newport Beach has a current population of approximately 86,738 persons'. The Newport Beach planning area contains 26,676 acres, not including streets and roadways, which account for approximately 20 percent (5335 acres) of the gross land acreage. Approximately 42 percent (11,119 acres) of the planning area is water, which includes the Upper and Lower Newport Bay and its channels, and the Pacific Ocean. 2.2 PROJECT BACKGROUND The City completed a comprehensive update of its General Plan in 2006, which is herein incorporated by reference. Through the General Plan update process, several key areas in the City were identified as ideal locations for future housing opportunities. Through this process, significant new areas for future housing development were identified that included the re- designation of some commercial /office /industrial areas for residential or mixed residential /commercial uses. As part of the comprehensive General Plan update, the existing 2000 -2005 Housing Element was reviewed for consistency, updated, and adopted to reflect land use changes and new residential opportunities identified as part of the General Plan update. The 2008 -2014 Housing Element is an update and revision to the 2006 Housing Element and consist of new technical data and updated policies and programs. The land use opportunity areas developed as part of the General Plan have remained the same. The City of Newport Beach's Housing Element details the City's strategy for enhancing and preserving the community's character, identifies strategies for expanding housing opportunities and services for all household types and income groups, and provides the primary policy guidance for local decision- making related to housing. The Housing Element provides in -depth analysis of the City's population, economic, and housing stock characteristics as well as a comprehensive evaluation of programs and regulations related to housing. Through this evaluation and analysis, the City has identified priority goals, polices, and programs that directly address the housing needs of current and future City residents. Throughout the Housing Element update process, the City of Newport Beach posted Draft Housing Element documents and presentation materials on the website to facilitate the review by residents and interested parties. Hard copies of the Draft Housing Element were also made available at the Planning Division Counter. The City held three specialized workshops targeted for developers, housing service providers, and the public, and two public meetings with both the Planning Commission and City Council, to solicit input and comments on the development of the Housing Element and programs. As a result of the comments received at the three housing workshops, at the Planning Commission and City Council meetings, and during the public review period of the Housing Element, significant revisions have been made to the 2008 -2014 Housing Element to address the comments, as appropriate, and comply with State housing element law. ' State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark. Sacramento, California, May 2010. September 30, 2011 5 Initial Study /Negative Declaration SO 2FWPORT City of Newport Beach Housing Element Update Initial Study /Negative Declaration .w C9[140PN`P California state law requires that Housing Elements be updated at least every five years. The City of Newport Beach has prepared the 2008 — 2014 Housing Element in compliance with the established (extended) 2008 deadline for jurisdictions within the Southern California Association of Governments (SCAG) region. The Housing Element covers the Regional Housing Needs Allocation (RHNA) for the planning period of January 1, 2006, through June 30, 2014, and is consistent with recent revisions to State Housing Element Law. The City has accepted, and is committed to meeting, its 2006 -2014 RHNA allocation of 1,784 housing units. Achieving the remaining RHNA units is expected through the future redevelopment of several key housing opportunity areas identified through the General Plan update process, implementation of programs designed to encourage and facilitate residential development, and the affordable housing requirements of the Inclusionary Housing Program (IHP). The City's Inclusionary Housing Program requires a proportion of affordable housing in new residential developments or payment of an in -lieu fee. The City's goal is that an average of 15 percent of all new residential development will be affordable to very low -, low -, and moderate- income households. The City Council has also established an Affordable Housing Task Force that works with developers and landowners to facilitate the development of affordable units and determines the most appropriate use of in -lieu fee funds. The Task Force and staff continually investigate and research potential new affordable housing opportunities. September 30, 2011 6 Initial Study /Negative Declaration 307 aE�PpRi City of Newport Beach o Housing Element Update Initial Study /Negative Declaration < /GOMN • e f .''.' T- •. �� MM.M YI. n 1 ^v MIbuY IWNbVV1iG ..wy.tM MN.+N+N 1M}OM/N n v\ — iMOaYIOOOO �N ItiraYyY.l d br wd ks Ga FIN! MM LW Vd I OnR FIR NOT To waE INITIAL STUDYINEGATIVE DECLARATION Q Regional Vicinity Exhibit 2-1 JN 10- 105583 7 Initial Study /Negative Declaration sqJ City of Newport Beach e Housing Element Update = Initial Study /Negative Declaration � <rFOP� • '•sue LeGe"d ..... ns. +v •r.wf w,A.r rw• � fvw+r.rq hmcn fo- rnoKrm .na f,e..wehn �or.a l�Vlrlrr•n.ry � .wY fMn.vYf rM1MY1f wa�MRb f�n�.M1 Way M1n....r ourre COY M ft w n Bfxh Gm Ml PL" 2006 NOT TO SCALE INITIAL STUDYiNEGATIVE DECLARATION Local Vicinity 322 City of Newport Beach Housing Element Update s Initial Study /Negative Declaration C'�CI Fp R" P 2.3 PROJECT CHARACTERISTICS The proposed Newport Beach Updated Housing Element is a comprehensive statement of the City's housing policies and serves as a specific guide for implementation of these policies. The Housing Element Update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs. Housing programs are responsive to current and future needs. They are also established within the context of available community, state, and federal economic and social resources, and realistic quantified housing objectives. State housing goals are as follows: • Availability of housing is of vital statewide importance. Early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. • Early attainment of this goal requires cooperative participation of government with the private sector to expand housing opportunities and accommodate housing needs of Californians of all economic levels. • Provision of housing affordable to low- and moderate - income households requires cooperation among all levels of government. • Local and state governments have a responsibility to use powers vested in them to facilitate improvement and development of housing to make adequate provision for housing needs of all economic segments of the community. • The Legislature recognizes in carrying out this responsibility, each local government also has a responsibility to consider economic, environmental, and fiscal factors, and community goals set forth in its general plan. Cities must cooperate with other local governments and the state in addressing regional housing needs. The goals adopted in the 2006 Housing Element have not been revised; however, in order to more effectively achieve those long -range goals and objectives, meet the City's allocation of affordable housing in the region, and be consistent with State housing law, the Newport Beach Housing Element has been updated through the incorporation of several new housing programs as well as deletions and revisions to previously adopted housing programs. The most significant revisions to the Newport Beach Housing Element include: Consistent with Government Code Section 65584.09, the Housing Element addresses the unaccommodated portion of the 2000 -2005 Regional Housing Need Allocation (RHNA). Combining the unaccommodated portion of the 2000 -2005 RHNA allocation with the City's 2006 -2014 RHNA allocation results in a total housing need of 1,914 dwellings, including 770 dwelling units affordable to lower- income households. The Housing Element has been revised to provide a detailed, parcel- specific inventory and analysis of land determined suitable for residential development (Sites Analysis and Inventory). The analysis demonstrates the sites are currently available and unconstrained so as to provide realistic development opportunities prior to June 30, 2014 (the end of the planning period). Based on comments received, a methodology for determining capacity assumptions has been included in the Sites Analysis and Inventory, which also demonstrates how the calculation accounts for land -use controls and site improvements using actual constructed or approved projects. JN 10.105583 9 Initial Study /Negative Declaration 322 SEW ORT City of Newport Beach Housing Element Update Initial Study /Negative Declaration e'er <�FO0.N In addition to the information provided within the revised Sites Analysis and Inventory, a new section has been added to the Housing Element analyzing how the existing uses, land -use regulations, and parcel sizes impact the viability of the John Wayne Airport Area sites to accommodate the RHNA for lower- income households within the planning period. Given the allowed densities of between 30 and 50 dwelling units per acre, the John Wayne Airport Area has the greatest potential to accommodate the City's need for 770 dwelling units affordable to lower- income households. A detailed discussion of the City's recently adopted Inclusionary Housing Ordinance and In -Lieu Housing Fee has been added, including a constraints analysis on the development of market -rate housing. Pursuant to the requirements of SB2, the Housing Element includes a discussion identifying the appropriate zoning districts where emergency shelters are allowed as a permitted use without the need for a use permit. As part of the Zoning Code Update, emergency shelters were added as a permitted use within the Private Institutions (PI) and Office - Airport (OA) zoning districts. A discussion has also been added clarifying the permitting requirements for transitional and supportive housing pursuant to SB2. Programs have been expanded and added within the Housing Plan to preserve and facilitate residential development in the City, to assist in the development of housing for extremely low- income households, to promote and encourage energy conservation with respect to residential development, and to remove constraints to development of affordable housing within the John Wayne Airport sites. The relevant changes to the housing programs included in the Housing Element Update are presented below. These changes include housing programs that have been deleted, new housing programs, and major revisions to housing programs. Deleted Housing Programs HP 2.2.6 Periodically contact known local developers and landowners to solicit new affordable housing construction. HP 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, Mariners' Mile, and the Balboa Peninsula. HP 3.2.2 Update Zoning Code to reflect housing opportunities provided in the Land Use Element. HP 4.2.5 Participate in a Joint Powers Authority of Orange County jurisdictions for the purpose of financing and administering a lease purchase program for first -time homebuyers. HP 5.1.4 Consistent with development standards in residential and commercial areas, permit emergency shelters and transitional housing under group housing provisions in its Zoning Code. HP 6.1.2 Support fair housing opportunities by using Community Development Block Grant funds whenever necessary to enact federal, state, and City fair housing policies. New Housing Programs HP 2.1.5 Provide entitlement assistance, expedited entitlement processing, and waive application processing fees for developments in which 5 percent of units are affordable to extremely low - JN 10- 105583 10 Initial Study /Negative Declaration 313 �FW?OR� � City of Newport Beach Housing Element Update Initial Study /Negative Declaration 4C1Fp 0.H` income households. To be eligible for a fee waiver, the units shall be subject to an affordability covenant for a minimum duration of 30 years. The affordable units provided shall be granted a waiver of park in -lieu fees (if applicable) and traffic fair share fees. HP 2.1.6 Affordable housing developments providing units affordable to extremely low- income households shall be given the highest priority for use of Affordable Housing Fund monies. HP 2.2.2 Periodically review the City's Inclusionary Housing In -lieu fees to ensure it is adequate to support the development of affordable projects. HP 2.2.3 Develop a brochure of incentives offered by the City for the development of affordable housing including fee waivers, expedited processing, Inclusionary Housing requirements, and density bonuses and other incentives. Provide a copy of this brochure at the Planning Counter, the website and also provide a copy to potential developers. HP 2.2.10 Implement Chapter 20.32 (Density Bonus) of the Zoning Code and educate interested developers about the benefits of density bonuses and related incentives for the development of housing that is affordable to very low -, low -, and moderate - income households and senior citizens. HP 2.2.11 Monitor the impact of Housing Program 2.2.1 and the City's Inclusionary Housing Ordinance on the overall production of housing within the City. Considerations shall include whether the inclusionary program results in cost shifting where the costs of subsiding the affordable units is underwritten by the purchasers of market -rate units in the form of higher prices. HP 3.1.4 The City will encourage and facilitate residential and mixed -use development on vacant and underdeveloped sites listed in Appendix H4 by providing technical assistance to interested developers with site identification and entitlement processing. The City will support developers funding applications from other agencies and programs. The City will post the Sites Analysis and Inventory on the City's webpage and marketing materials for residential and mixed -use opportunity sites, and will equally encourage and market the sites for both for - sale development and rental development. To encourage the development of affordable housing within residential and mixed -use developments, the City shall educate developers of the benefits of density bonuses and related incentives identify potential funding opportunities, offer expedited entitlement processing, and offer fee waivers and /or deferrals. HP 3.1.5 The City will monitor and evaluate the development of vacant and underdeveloped parcels on an annual basis and report the success of strategies to encourage residential development in its Annual Progress Reports required pursuant to Government Code 65400. If identified strategies are not successful in generating development interest, the City will respond to market conditions and will revise or add additional incentives. HP 3.2.2 Recognizing that General Plan Policy LU6.15.6 may result in a potential constraint to the development of affordable housing in the Airport Area, the City shall amend the General Plan and /or establish a waiver or exception to the minimum 10 -acre site requirement. It is recognized that allowing a smaller scale development within an established commercial and industrial area may result in land use compatibility problems and result in a residential development that does not provide sufficient amenities (i.e. parks) and /or necessary improvements (i.e. pedestrian walkways). Therefore, it is imperative that the proposed waiver include provisions for adequate amenities, design considerations for the future integration into a larger residential village, and a requirement to ensure collaboration with future developers in the area. HP 3.2.3 The City shall amend the Newport Place (PC 11) and Koll Center (PC 15) Planned Community texts to allow residential developments that include: 1) a minimum of 30 percent of the units affordable to lower- income households; and 2) include densities between 30 dN 10- 105583 11 Initial Study /Negative Declaration 324 �EWPORr - City of Newport Beach Housing Element Update = Initial Study /Negative Declaration Coq Fp0.M p du /acre and 50 du /acre consistent with the MLI-H2 General Plan land use designation and policies for the Airport Area. It is recognized that adding residential as a permitted use where it was not allowed previously might require additional design attention to integrate uses. Therefore, the Planned Community Amendments will add residential uses as permitted by right subject to a site plan review to ensure integration within the existing area. The City will monitor commercial redevelopment within the Airport Area to ensure sufficient residential capacity remains to accommodate the City's RHNA for lower- income households. Should residential capacity be reduced to a level that cannot accommodate the City's remaining need for lower- income households citywide, the City will identify and zone, if necessary, sufficient sites in an alternative location to accommodate the City's RHNA. HP 4.1.5 The City shall inform and educate owners of affordable units of the State Preservation Notice Law (Government Code Section 65863.10 -13), if applicable. Pursuant to the law, owners of government - assisted projects cannot terminate subsidy contract, prepay a federally- assisted mortgage, or discontinue use restrictions without first providing an exclusive Notice of Opportunity to Submit an Offer to Purchase. Owners proposing to sell or otherwise dispose of a property at any time during the five years prior to the expiration of restrictions must provide this Notice at least 12 months in advance unless such sale or disposition would result in preserving the restrictions. The intent of the law is to give tenants sufficient time to understand and prepare for potential rent increases, as well as to provide local governments and potential preservation buyers with an opportunity to develop a plan to preserve the property. This plan typically consists of convincing the owner to either (a) retain the rental restrictions in exchange for additional financial incentives or (b) sell to a preservation buyer at fair market value. HP 4.2.5 Developers that choose to meet the inclusionary housing requirements of Housing Program 2.2.1 through the renovation and conversion of existing off -site units in the City to affordable units shall be required to substantially renovate and improve the livability and aesthetics of the units for the duration of the affordability period and include energy conserving retrofits that will contribute to reduced housing costs for future occupants of the units. HP 4.2.6 Implement and enforce the recently adopted Water Efficient Landscape Ordinance and Landscape and Irrigation Design Standards in compliance with AB 1881 (2006). The ordinance establishes standards for planning, designing, installing, and maintaining and managing water - efficient landscapes in new construction and rehabilitated projects. HP 4.2.7 Affordable housing developments that receive City assistance from Community Development Block Grant funds or from the City's Affordable Housing Fund shall be required, to the extent feasible, include installation of energy efficient appliances and devices, and water conserving fixtures that will contribute to reduced housing costs for future occupants of the units. HP 4.2.8 Investigate the feasibility and benefits of using a portion of its Community Development Block Grant funds for the establishment and implementation of an energy conserving home improvements program for lower- income homeowners. HP 4.2.9 Establish a process for LEED certified staff members to provide development assistance to project proponents seeking LEED certification, which will in turn increase the LEED points granted to projects. HP 4.2.10 To encourage voluntary green building action, the City will institute a green recognition program that may include public recognition of LEED certified buildings, payment of a display advertisement in the local newspaper recognizing the achievements of a project, or developing a City plaque that will be granted to exceptional developments. JN 10- 105583 12 initial Study /Negative Declaration 325 �WPO� City of Newport Beach Housing Element Update Initial Study /Negative Declaration C9C /Fp R�`P HP 5.1.6 Encourage the development of day care centers and community parks as a component of new affordable housing constructed as part of the requirements of the City's Inclusionary Housing Ordinance. HP 5.1.7 Amend the Zoning Code to include a definition of Single Room Occupancy (SRO) Residential Hotels and add provisions that would permit SROs within the commercial and office zoning districts with the approval of a use permit. No standard set of conditions or use restrictions on SROs shall be established, instead, each application should be evaluated individually and approved based upon its own merits and circumstances. Substantially Revised Housing Programs (Revisions in underline format) HP 4.1.1 Annually contact owners of affordable units for those developments listed in Table H12 as part of the City's annual monitoring of affordable housing agreements to obtain information regarding their plans for continuing affordability on their properties and to encourage the extension of the affordability agreements for the developments listed in Table H12 bevond the years noted. HP 4.1.2 The Citv shall register as a Qualified Preservation Entitv with HCD to ensure that the Citv will receive notices from all owners intending to opt out of their Section 8 contracts and /or prepay their HUD insured mortgages. Upon receiving notice that a property owner of an existing affordable housing development intends to convert the units to a market -rate development the City shall consult with the property owners and potential preservation organizations regarding the potential use of CDBG funds and /or Affordable Housing Fund monies to maintain affordable housing opportunities in those developments listed in Table H12 or assist in the non - profit acquisition of the units to ensure long -term affordability. In addition to these major revisions to the Housing Programs proposed by the City, several additional minor modifications have also been proposed, including those to adopted programs, policies and objectives (i.e., timelines and minor clarifications such as program numbers, etc.). A copy of the Housing Element is available for review at the Newport Beach Community Development Department located at 3300 Newport Boulevard, Newport Beach, CA. In addition, the Housing Element Update can also be found on the City's website at: http: / /newportbeac hca. g ov /PA od u les /Sh owDocu m en t. as px ?doc u menti d =10695 The City of Newport Beach believes that the programs now proposed would be the most effective in achieving the City's long -range housing goals. The California Department of Housing and Community Development (HCD) has reviewed the Draft Housing Element as currently revised and has determined that it meets the statutory requirements of State Housing Element Law (refer to Appendix "A "). JN 10- 105583 13 Initial Study /Negative Declaration 310 ke EW?ORr City of Newport Beach Housing Element Update = Initial Study /Negative Declaration aC /fOM1N This page Intentionally left blank JN 10- 105583 14 Initial Study /Negative Declaration S17L o``��\wvoRT City of Newport Beach ri rr - m Housing Element Update a s „n Initial Study /Negative Declaration Uiy jS ���FORN 3.0 ENVIRONMENTAL SUMMARY 3.1 BACKGROUND 1. Project Title: City of Newport Beach Housing Element Update 2008 - 2014 Planning Period) 2. Lead Agency Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 3. Contact Persons and Phone Numbers: Mr. Jaime Murillo, Associate Planner, (949) 644 -3209 Ms. Melinda Whelan, Assistant Planner, (949 ) 644 -3221 4. Project Location: The City of Newport Beach is located in western Orange County, California. 5. Project Sponsor's Name and Address: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 6. General Plan Designation: Residential and Mixed Use Land Use Designations, including: RS- D, RS -A, RT, RM, RM -D, RM /OS, MU -V, MU -H 7. Zoning: Residential and Mixed Use Zoning Districts, including. R -A, R -1, R -BI, R -2, RMD, MU -V, MU -MM, MU -DW, and MU-CV/15th Street 8. Description of the Project: Comprehensive revision /update of the Housing Element. Refer to Section 2.2 (Project Characteristics). 9. Surrounding Setting and Land Uses: Newport Beach is bordered by the cities of Costa Mesa to the northwest, Irvine to the northeast, unincorporated Orange County to the southeast, and the Pacific Ocean to the west. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): California Department of Housing and Community Development JN 10- 105583 15 Initial Study /Negative Declaration 312 o��EWPO^T City of Newport Beach Housing Element Update ul 3 Initial Study /Negative Declaration '9CIFOPN`P 3.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Impact With Mitigation Incorporated," as indicated by the checklist on the following pages. 3.3 EVALUATION OF ENVIRONMENTAL IMPACTS Section 4 (following) analyzes the potential environmental impacts associated with the proposed Housing Element Update. The issue areas evaluated in this Initial Study include: • Aesthetics • Agriculture and Forest Resources • Air Quality Biological Resources • Cultural Resources • Greenhouse Gas Emissions Geology and Soils Hazards and Hazardous Materials • Hydrology and Water Quality Land Use and Planning Mineral Resources • Noise • Population and Housing • Public Services • Recreation Tra n spo rtation/Traffic Utilities and Service Systems The environmental analysis in Section 4 is patterned after the Initial Study Checklist recommended by the CEQA Guidelines, as amended, and used by the City of Newport Beach in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long -term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses: JN 10- 105583 16 Initial Study /Negative Declaration 329 Aesthetics Land Use and Planning Agriculture and Forest Resources Mineral Resources Air Quality Noise Biological Resources Population and Housing Cultural Resources Public Services Geology and Soils Recreation Greenhouse Gas Emissions Transportation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance 3.3 EVALUATION OF ENVIRONMENTAL IMPACTS Section 4 (following) analyzes the potential environmental impacts associated with the proposed Housing Element Update. The issue areas evaluated in this Initial Study include: • Aesthetics • Agriculture and Forest Resources • Air Quality Biological Resources • Cultural Resources • Greenhouse Gas Emissions Geology and Soils Hazards and Hazardous Materials • Hydrology and Water Quality Land Use and Planning Mineral Resources • Noise • Population and Housing • Public Services • Recreation Tra n spo rtation/Traffic Utilities and Service Systems The environmental analysis in Section 4 is patterned after the Initial Study Checklist recommended by the CEQA Guidelines, as amended, and used by the City of Newport Beach in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potential for significant effects indicates the need to more fully analyze the development's impacts and to identify mitigation. For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and an answer is provided according to the analysis undertaken as part of the Initial Study. The analysis considers the long -term, direct, indirect, and cumulative impacts of the development. To each question, there are four possible responses: JN 10- 105583 16 Initial Study /Negative Declaration 329 c��,Ew'ORr City of Newport Beach Housing Element Update u = Initial Study /Negative Declaration Cq <iF00.�P • No Impact. The development will not have any measurable environmental impact on the environment. • Less Than Significant Impact. The development will have the potential for impacting the environment, although this impact will be below established thresholds that are considered to be significant. • Less Than Significant Impact With Mitigation Incorporated. The development will have the potential to generate impacts, which may be considered as a significant effect on the environment, although mitigation measures or changes to the development's physical or operational characteristics can reduce these impacts to levels that are less than significant. • Potentially Significant Impact. The development could have impacts, which may be considered significant, and therefore additional analysis is required to identify mitigation measures that could reduce potentially significant impacts to less than significant levels. Where potential impacts are anticipated to be significant, mitigation measures will be required, such that impacts may be avoided or reduced to insignificant levels. A 10- 105583 17 Initial Study /Negative Declaration 320 a��WPORr City of Newport Beach Housing Element Update Initial Study/Negative Declaration �LIFOAN\ This page itltentio naity Bc-ft blank JN 10- 105583 1s Initial StudylNegative Declaration 322 naEwPORr City of Newport Beach Housing Element Update �4z Initial Study /Negative Declaration r 4.0 ENVIRONMENTAL ANALYSIS The following is a discussion of potential project impacts as identified in the Initial Study. Explanations are provided for each item. 4.1 AESTHETICS Impact Analysis 4.1(a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The Newport Beach General Plan and Local Coastal Program (LCP) have identified several natural features, including the Pacific Ocean and bay that provide open coastal views. Other features include important view points and roadway segments that provide coastal views as well as parks and other public spaces that also allow visual access to important aesthetic features. As a result, the City's General Plan and LCP have developed policies to preserve these significant vistas and views. As reflected in the Newport Beach General Plan and LCP, infill development and redevelopment, including residential development, would be concentrated in several specified subareas of the City (e.g., Airport Area, Newport Center, Banning Ranch, West Newport Mesa, and the Balboa Peninsula area) as well as in a few smaller areas throughout the remainder of the City. Some of the identified subareas would not be considered areas with existing high visual or scenic quality. Examples of conditions that may currently detract from local visual character include: building facades that are faded and in poor repair, sparse or under - maintained landscaping, poorly maintained mobile homes, and dated or incongruent architecture (which could be historic, though not currently distinguished as such). However, the City adopted several policies intended to enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. In addition, other General Plan policies are intended to improve aesthetics in these areas through both redevelopment and incentives for others to improve maintenance, including those that provide for improved visual image and quality, the restoration and enhancement of visual quality in visually degraded areas, where feasible, and the provision of view easements or corridors designed to protect public views or to restore public views in developed areas, where appropriate. Other subareas are considered to have high existing visual quality. The architecture and landscaping is attractive, the area is visually diverse, and the different land uses in the area are harmoniously arranged so as to complement neighboring uses. Corona del Mar and Newport Center /Fashion Island are areas that might be considered to have high overall visual quality. In these areas, new development allowed under the September 30, 2011 19 Initial Study /Negative Declaration 322 pctetiba I Sigm&eant tee Thin,_ £ L p$ §ti3ry I- tlit�"'iS''"£t£5 ; 's'nL i¢.�fF4 =d t * )I H�It4 S -'ii 1 Ii[rrylNWH ltSIMI ti 3 i��` -`kd f 4 �..1 E. �Ie � ^fr' i�•E�i i� n.V.i .U�n i.SSv 41. {.gym a. Have a substantial adverse effect on a scenic vista? ■ b. Substantially damage scenic resources, including, but not limited to, trees, rock outcropgngs, and historic buildings within a state ■ scenic highway? c. Substantially degrade the existing visual character or quality of the ■ site and its surroundings? d. Create a new source of substantial light or glare, which would ■ adversely affect day or nighttime views in the area? Impact Analysis 4.1(a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The Newport Beach General Plan and Local Coastal Program (LCP) have identified several natural features, including the Pacific Ocean and bay that provide open coastal views. Other features include important view points and roadway segments that provide coastal views as well as parks and other public spaces that also allow visual access to important aesthetic features. As a result, the City's General Plan and LCP have developed policies to preserve these significant vistas and views. As reflected in the Newport Beach General Plan and LCP, infill development and redevelopment, including residential development, would be concentrated in several specified subareas of the City (e.g., Airport Area, Newport Center, Banning Ranch, West Newport Mesa, and the Balboa Peninsula area) as well as in a few smaller areas throughout the remainder of the City. Some of the identified subareas would not be considered areas with existing high visual or scenic quality. Examples of conditions that may currently detract from local visual character include: building facades that are faded and in poor repair, sparse or under - maintained landscaping, poorly maintained mobile homes, and dated or incongruent architecture (which could be historic, though not currently distinguished as such). However, the City adopted several policies intended to enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. In addition, other General Plan policies are intended to improve aesthetics in these areas through both redevelopment and incentives for others to improve maintenance, including those that provide for improved visual image and quality, the restoration and enhancement of visual quality in visually degraded areas, where feasible, and the provision of view easements or corridors designed to protect public views or to restore public views in developed areas, where appropriate. Other subareas are considered to have high existing visual quality. The architecture and landscaping is attractive, the area is visually diverse, and the different land uses in the area are harmoniously arranged so as to complement neighboring uses. Corona del Mar and Newport Center /Fashion Island are areas that might be considered to have high overall visual quality. In these areas, new development allowed under the September 30, 2011 19 Initial Study /Negative Declaration 322 Q agW VpT City of Newport Beach Housing Element Update u` r Initial Study /Negative Declaration General Plan Update would be done in such a way as to fit into and complement the existing visual setting. As indicated above, this would be accomplished through the implementation of adopted policies that require new development to "maintain and enhance" existing development. Implementation of the proposed project would not result in specific development projects. Rather, the Housing Element Update would provide a policy framework for the residential growth anticipated in the City over the next seven years. Although future development that would occur pursuant to the proposed project could affect views to the identified vistas and the visual landscape within the City, all new residential development or renovation projects that would be guided under the proposed project would be subject to site - specific environmental evaluations and would be required to adhere to policies outlined in the City's General Plan as indicated above. Implementation of the programs included in the proposed Housing Element Update project alone would not directly result in any physical alterations, including any structural modifications that could affect scenic vistas within the City. Therefore, potential impacts are anticipated to be less than significant. Mitigation Measures: No mitigation is required. 4.1(b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. Currently, there are no official state scenic highways within the City boundaries. However, SR- 1 is identified by the City as eligible for State Scenic Highway designation. Projects that would impede visual access along this route may result in potential impacts to scenic resources. However, as previously indicated, the proposed Housing Element Update does not include specific development projects, but instead, provides only a framework for the City's anticipated future residential growth anticipated to accommodate the demand for housing in Newport Beach. The provision of such a framework to guide population growth in the City would not directly result in any physical changes to existing scenic resources identified in the City and, therefore, would not substantially affect scenic resources within a designated State scenic highway. Furthermore, the proposed project would not result in potentially significant impacts to other important scenic resources, including trees, rock outcroppings, and /or historic buildings. As specified in the General Plan Update EIR, all new residential development anticipated to occur pursuant to the adopted long -range plans for City, including residential development associated with the Housing Element Update, would be subject to the adopted Land Use Element and Natural Resources Element policies developed to protect the City's visual resources, including SR -1. These policies would include the preparation of site - specific environmental analysis, which would include evaluations of potential impacts to scenic resources. Therefore, no potential visual /aesthetic impacts are anticipated to occur as a result of the implementation of the Housing Element Update of the General Plan. Mitigation Measures: No mitigation is required. 4.1(c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact Newport Beach is largely urbanized and the existing aesthetic character, which varies depending on geographic area (e.g., airport environs, Corona Del Mar, West Newport, etc.), has already been established. As previously discussed, the Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. The provision of such a framework to guide future housing development in the City would not result in any physical changes to existing structures. Consequently, adoption of the Housing Element Update would not directly result in the degradation of the existing aesthetic character or visual quality of development in the City. Although future development that would occur pursuant to the Housing Element Update may alter the visual character of an existing site within the City, the future design, construction, and renovation of new residential uses would generally be compatible in scale, design, character, and quality to existing uses because such development and /or redevelopment September 30, 2011 20 Initial Study /Negative Declaration 323 �a�WPOr City of Newport Beach ° 9 `''° Housing Element Update ��i Initial Study /Negative Declaration must comply with the City's existing land use development standards and architectural design guidelines and regulations. In addition, all future residential development must be consistent with the relevant goals and policies included in the General Plan. For example, residential neighborhoods must be well - planned and designed, must contribute to the livability and quality of life of residents, respect the natural environmental setting, and sustain the qualities of place that differentiate Newport Beach as a special place in the Southern California region. In addition, future residential projects would be evaluated to ensure compatibility with the existing character of the area. Finally, all new residential development that would occur pursuant to the proposed policies and programs included in the Housing Element Update would be subject to site - specific environmental review, including an analysis of potential impacts to the visual character of a particular area. Therefore, the implementation of the Housing Element Update of the General Plan would not result in a potentially significant impact. Mitigation Measures: No mitigation is required. 4.1(d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact. There are two primary sources of light: light emanating from building interiors that pass through windows and light from exterior sources (i.e., street lighting, parking lot lighting, building illumination, security lighting and landscape lighting). Depending upon the location of the light source and its proximity to adjacent light sensitive uses, light introduction can be a nuisance, affecting adjacent areas and diminishing the view of the clear night sky. Newport Beach is primarily built -out; therefore, ambient light from urban uses currently exists. However, the GPEIR concluded new development could create new sources of light and glare that could affect day or nighttime views of adjacent sensitive land uses (i.e., undeveloped lands and residential uses adjacent to commercial or industrial areas). Additionally, the GPEIR concluded implementation of GP Policies would reduce impacts resulting from daytime glare, ambient nighttime lighting, and potential spillover from new development to a less- than - significant level.Z The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are no proposed changes to land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts associated with light and glare from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future development would either undergo environmental and design review through the discretionary review process or be reviewed on a project -by- project basis for consistency with Newport Beach Zoning Code Outdoor Lighting section with the Zoning Clearance process in order to ensure that the project would not create a new source of substantial light and glare. Future discretionary development would also be subject to compliance with General Plan policies that address the creation of light and glare from new developments. In particular, Policy LU 5.6.2 specifies the use of non - reflective textured surfaces on building exteriors, as well as avoidance of the use of reflective glass. Policy LU 5.6.3 requires that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. In addition, Policies LU 6.1.3 and 6.2.5 allow for the integration of uses to be designed specifically to assure development compatibility by addressing issues such as lighting. Therefore, since future development would undergo project -by- project review, be regulated by the adopted zoning district regulations, and subject to compliance with General Plan policies, impacts from daytime glare, ambient nighttime lighting, and potential spillover from new development would be less than significant. Ibid., Pages 4.1 -21 and 22. September 30, 2011 21 Initial Study /Negative Declaration 32-4 City of Newport Beach > e Housing Element Update Initial Study /Negative Declaration 9�F00.� Mitigation Measures: No mitigation is required. 4.2 AGRICULTURE AND FOREST RESOURCES ,sfr1gndrbatcemrfltnlbslerYnrtygul.u}teitUrttal ( 4 , 1pf ta g zyP +fl x n,ge BffB�tS iBed aeltClaa may ret@r 4p!ep stn 6aNfwnra agrxurJWra7 Land - EWuabon aiad'` Sae gga�y ii t3lbv # q.,{ £ .11 �y µ. y� i£lQBfi (tAN7)£3 'e(/ liy�� YrtfA'f Mev..t{ ttl at 1 14 £ Rnt k t it i E 3 �d It .a'li ({ 3 it iilY`1 10 ����i t Y ) 4 1 tjsyyi, EhVwfagtYfFlf Ai arr ��ra, rm4 'alWil.tousellr#asseasiagtlnton q 6�f - 4 b .^ '�'} V3 3fInCGa(gB f27m1$17d, `aF�(fe16lnarr `%d�8flf8r, OF_h 1'S'd"2g is �t.ess l�Gll x II .x.34 '{ r' fores4 -ta3oprcas Nrdr}rg tntreriao are SfgitifiC, r, Less Than 4,�,;n �y K �snt Strinlftctr ° 3 errviromraenGal lead age<ecvss met rsfei lb �VniarrNahpn r £ �'�, i 1 qr I!e$ � r s sorgpiled. by,��Lnlj"��ahYorarasr?epardtta� of �estry� f'we pact � , : fir! :��,,�F � £ i'hbieLhett, t&a>sfalr'risrventaty Yr .��s v, � z � she ����}i� i ��, fhe Fcrestmrt7ange Assessmtmtl�roledtd Cry ! west'l egacy )'r 4, }l 'i)A� s 1{d 3 s+N @t�t,�'i��tfofQGi' 's 2lf{�' "i flFreSi �tYt RfkBQtlr�meflt ` € s�a V i U' Sflt k =e88R1 i E sn.£„k a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring ■ Program of the California Resources Agency, to non - agricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson ■ Act contract? c. Conflict with existing zoning for or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), ■ or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d. Result in the loss of forest land or conversion of forest land to non- ■ forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to ■ nonagricultural use or conversion of forest land to non - forest use? Impact Analysis 4.2(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No Impact. There is no designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance within the City. Therefore, project implementation would not result in the conversion of farmland to non - agricultural use. Mitigation Measures: No mitigation is required. 4.2(b) Conflict with existing zoning for agricultural use or a Williamson Act contract? Less Than Significant Impact. The Residential - Agricultural (R -A) District provides areas for single - family residential and light farming land uses. Given that the proposed Land Use Element Update does not anticipate future development of residential beyond that anticipated in the Newport Beach General Plan and September 30, 2011 22 Initial Study /Negative Declaration 3215 kciE`x'r'ORT City of Newport Beach a f Housing Element Update Initial Study /Negative Declaration 7<,cORN evaluated in the GPEIR within the R -A District. Since there are no agricultural uses or Williamson Act contracts present in the City, Project implementation would result in a less than significant impact to potential agricultural uses within the R -A District, Furthermore, there are no existing Williamson Act Contracts covering property within the City of Newport Beach. Therefore, no significant impacts are anticipated and no mitigation measures are required. Mitigation Measures: No mitigation is required 4.2(c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. There is no zoning for forest land in the City. Additionally, the City is primarily a built -out area, and it is anticipated that future residential development permitted by the Newport Beach General Plan consistent with the Housing Element Update would generally consist of infill and redevelopment. Therefore, Project implementation would not conflict with existing zoning for, or cause rezoning of, forest land. No significant impacts would occur and no mitigation measures are required. Mitigation Measures: No mitigation is required. 4.2(d) Result in the loss of forest land or conversion of forest land to non -forest use? No Impact. There are no forest lands present in the City. Therefore, Project implementation would not result in the loss of forest land or conversion of forest land to non - forest use. No significant impacts would occur and no mitigation measures are required. Mitigation Measures: No mitigation is required. 4.2(e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? No Impact. No farmland, agricultural activity, or forest lands exist within the City of Newport Beach. Therefore, the Project would not result in environmental changes that would convert farmland to non- agricultural use or forest land to non - forest use. No significant impacts would occur and no mitigation measures are required. Mitigation Measures: No mitigation is required. 4.3 AIR QUALITY September 30, 2077 23 Initial Study /Negative Declaration 320 UYbeier ava$3Ne, tfr+j s/gnce cnterw��Rtabbshad,�b %, fh�s Pbt�n6a1� Sign�scarrt� "� � }t�s Than' '' :�'rr i appljc�bsg #ri yuari�managaliar#,or,aa�� canaot rlismctr by , ittay be reted�in maher(h� follouvng rdtettro�'»idlabans, 4youfd� �9�ttrt � =trnpacf Witfi Sr tank �, i� a. Conflict with or obstruct implementation of the applicable air quality Ian? b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? September 30, 2077 23 Initial Study /Negative Declaration 320 ,�aEWPO'� City of Newport Beach Housing Element Update Initial Study /Negative Declaration C�O The City of Newport Beach is part of the South Coast Air Basin (SCAB) and is under the jurisdiction of the South Coast Air Quality Management District ( SCAQMD). The SCAQMD's current guidelines and emission thresholds are established in the CEQA Air Quality Handbook. Air quality assessments estimate emissions of air pollutants associated with short-term construction and long -term operation of a proposed project. Both the State of California and the Federal government have established health -based Ambient Air Quality Standards (AAQS) for the following six criteria air pollutants: carbon monoxide (CO), ozone (03); nitrogen oxides (NOx), sulfur oxides (SOx), particulate matter up to 10 microns in diameter (PM,o); and lead (Pb). 03 (smog) is formed by a photochemical reaction between NOx and reactive organic compounds (ROCs). Thus, evaluating impacts from NOx and ROCS assesses impacts from 03. The net increase in pollutant emissions determines the impact on regional air quality as a result of a proposed project. The results also allow the local government to determine whether a proposed project would deter the region from achieving the goal of reducing pollutants in accordance with the air quality management plan (AQMP) in order to comply with Federal and State AAQS. Construction Emission Thresholds The following CEQA significance thresholds for construction emissions have been established for the SCAB: 75 pounds per day (Ibs /day) or 2.5 tons per quarter -year of VOCs; 100 Ibs/day or 2.5 tons per quarter of NOx, 550 Ibs /day or 24.75 tons per quarter of CO; 150 Ibs /day or 6.75 tons per quarter of PM1o; and 150 Ibs /day or 6.75 tons per quarter of SOx. In the SCAB, project construction - related emissions that exceed any of the above emission thresholds are considered to be a significant impact under the SCAQMD guidelines. Operational Emission Thresholds Project operational emissions that exceed any of the thresholds listed below are considered to be a significant impact under the SCAQMD guidelines: • 55 Ibs /day of VOCs; 55 Ibs /day of NOx; • 550 Ibs /day of CO; • 150 Ibs /day of PM1o; and • 150 Ibs /day of SOx. September 30, 2011 24 Initial Study /Negative Declaration S27L �{�..�rPi [Irr� ay�rMlf1G� M�� ii�ACarrQ� CbIICrCdt ?�,1� w� fires fY 3 ryi� i�4 �y i� ty/{y,.�� �JY4I �y'���{�y`id nA !t! y ✓�Y �/1��(�{� y�.�},t ��{��j d�y���WM�•jG r'{jr�irr[ra,iy }'� trgW 1�ynl I ! (�q 1 "Yi�aL ��{{iy��y�����! f' �riiYyM(�yji,%y,�r��rrr�/t(R�ir off(��j�•yv,�r%r'ar�(�rVVR �kRWMM} 9.°'y��,ilfi �t S ctWiiM -3, LI�ifRlf �i(•µ{ntl �M�{63E „F KK((�r4�ry ma W }ray F1!�R'^" QrRA • �.� �y Yc{rrlarn�VY ' 7 P Si ( ,y i, �YlC 91e 9a • h�� �a ro> t�iiaan ; Wojs¢E cs= , s aEC -a a W s �Y xq .�, Em 3�, aanr•,, �� r }3 G c srr fir' v, off -^ :, . h1 r a,�S_m `, she,.•b. P„.:r.3 i� a ra > .ua c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including ■ releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant ■ concentrations? e. Create objectionable odors affecting a substantial number of ■ people? The City of Newport Beach is part of the South Coast Air Basin (SCAB) and is under the jurisdiction of the South Coast Air Quality Management District ( SCAQMD). The SCAQMD's current guidelines and emission thresholds are established in the CEQA Air Quality Handbook. Air quality assessments estimate emissions of air pollutants associated with short-term construction and long -term operation of a proposed project. Both the State of California and the Federal government have established health -based Ambient Air Quality Standards (AAQS) for the following six criteria air pollutants: carbon monoxide (CO), ozone (03); nitrogen oxides (NOx), sulfur oxides (SOx), particulate matter up to 10 microns in diameter (PM,o); and lead (Pb). 03 (smog) is formed by a photochemical reaction between NOx and reactive organic compounds (ROCs). Thus, evaluating impacts from NOx and ROCS assesses impacts from 03. The net increase in pollutant emissions determines the impact on regional air quality as a result of a proposed project. The results also allow the local government to determine whether a proposed project would deter the region from achieving the goal of reducing pollutants in accordance with the air quality management plan (AQMP) in order to comply with Federal and State AAQS. Construction Emission Thresholds The following CEQA significance thresholds for construction emissions have been established for the SCAB: 75 pounds per day (Ibs /day) or 2.5 tons per quarter -year of VOCs; 100 Ibs/day or 2.5 tons per quarter of NOx, 550 Ibs /day or 24.75 tons per quarter of CO; 150 Ibs /day or 6.75 tons per quarter of PM1o; and 150 Ibs /day or 6.75 tons per quarter of SOx. In the SCAB, project construction - related emissions that exceed any of the above emission thresholds are considered to be a significant impact under the SCAQMD guidelines. Operational Emission Thresholds Project operational emissions that exceed any of the thresholds listed below are considered to be a significant impact under the SCAQMD guidelines: • 55 Ibs /day of VOCs; 55 Ibs /day of NOx; • 550 Ibs /day of CO; • 150 Ibs /day of PM1o; and • 150 Ibs /day of SOx. September 30, 2011 24 Initial Study /Negative Declaration S27L o�aj wPOR> City of Newport Beach e Housing Element Update Initial Study /Negative Declaration C /FOR P Localized Thresholds of Significance Localized significance thresholds (LSTs) represent the maximum emissions from a project that would not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area. The cleaner the air is in a local area, the greater emissions increment it can afford without causing or contributing to an exceedance of the most stringent ambient air quality standard. If the existing air quality is not yet in compliance with the air quality standards, all areas are subject to generally equivalent LSTs. LSTs apply to projects that are less than five acres in size. Public agencies can use LST methodology and mass rate look -up tables by source receptor area (SRA) to determine whether or not a project may generate significant adverse localized air quality impacts. LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter less than 10 microns in aerodynamic diameter (PM,o). LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor. For PM,o LSTs were derived based on requirements in SCAQMD Rule 403 (Fugitive Dust). Impact Analysis 4.3(a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. Consistency with the 2007 Air Quality Management Plan for the South Coast Air Basin (2007 Air Quality Management Plan) means that a project is consistent with the goals, objectives, and assumptions in the respective plan to achieve the Federal and State air quality standards. Per the SCAQMD CEQA Air Quality Handbook, there are two main indicators of a project's consistency with the applicable Air Quality Management Plan: • Whether the project would increase the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the 2007 Air Quality Management Plan. • Whether the project would exceed the 2007 Air Quality Management Plan's assumptions for 2030 or yearly increments based on the year of project buildout and phasing. Given that the City is primarily a built -out area, future development permitted by the Newport Beach General Plan in accordance with the Housing Element Update would occur primarily as infill and redevelopment. Construction activities would generate pollutant emissions, including but not limited to site grading, operation of construction equipment, and vehicle activities. Future development that would occur pursuant to the Housing Element Update would also generate population growth with resultant pollutant emissions from stationary equipment, new vehicular trips, off -site power and natural gas generation, etc. The City is located within the South Coast Air Basin, which is within the jurisdiction of the South Coast Air Quality Management District ( SCAQMD). This area has some of the highest concentrations of air pollutants in the nation and has been classified as a nonattainment area for ozone and fine particulate matter (PM,o) by the federal government and the State of California. A project is deemed inconsistent with air quality plans if it results in population and /or employment growth that exceeds growth estimates in the applicable air quality plan. The new Housing Element of the General Plan could introduce new residential development to accommodate anticipated population growth under the RHNA allocation. In particular, implementation of the Housing Element update would provide a framework for the City to meet the 2008 -2014 RHNA allocation of 1,784 housing units. Subsequent to the 2006 General Plan Update, the 2007 Air Quality Management Plan September 30, 2011 25 Initial Study /Negative Declaration 328 dEW �Rp City of Newport Beach Housing Element Update U\. = Initial Study /Negative Declaration (AQMP) was prepared to accommodate growth, to reduce the high levels of pollutants within the areas under the jurisdiction of SCAQMD, to return clean air to the region, and to minimize the impact on the economy. Because the City's General Plan was adopted prior to the updated 2007 AQMP, the population projections included within the City's updated General Plan form the basis for the revised AQMP projections. Consequently, because the Housing Element update would not result in increased residential development beyond that already analyzed under the General Plan Update, and would merely accommodate known population growth, the proposed project is considered consistent with the 2007 AQMP. Additionally, new policies in the Housing Element Update encourage new housing development around activity centers, which would reduce vehicle miles traveled and, therefore, help to minimize air quality impacts. Implementation of the Housing Element Update of the General Plan would result in increased housing that is consistent with that analyzed in the 2007 AQMP, as well as result in a reduction of vehicle miles traveled, and would not conflict with the adopted air quality plan. Therefore, impacts would be considered less than significant. Future discretionary development pursuant to the proposed Housing Element Update would undergo environmental and /or development review on a project -by- project basis based upon the regulatory requirements established within the adopted zoning for a property in order to verify consistency with the AQMP. Additionally, the proposed Housing Element Update would promote consistency with the AQMP by allowing residential use densities that would be no greater than allowed by the General Plan Land Use Element. Future development would also be subject to compliance with General Plan policies that would promote consistency with the AQMP (i.e., use of transit, reduce the number of vehicle trips and miles traveled, and create opportunities to walk and bike to work or shop). In particular, Policy LU 3.3 identifies opportunities for mixed use development with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian - friendly environment. Policy LU 6.14.5 encourages improved pedestrian connections and streetscape amenities, and Policy LU 6.15.9 allows the development of multi - family residential units and mixed -use buildings that integrate residential with commercial uses. Policies NR6.1, NR6.2, and NR6.3 would reduce vehicle trips through land use planning through mixed -use development or siting of amenities in proximity to residential or employment areas. Additionally, Policies NR 6.4 and NR 6.5 would promote Transportation Demand Management programs, which encourage the use of alternative transportation modes, and promote mass transit use. Given that future development would undergo project -by- project review, be regulated by the adopted zoning district regulations for the affected residential land use district, and be subject to compliance with General Plan policies, impacts involving consistency with the AQMP would be less than significant. Mitigation Measures: No mitigation is required. 4.3(b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact, The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development that would occur pursuant to the Housing Element Update would primarily occur primarily as infill and redevelopment. However, construction activities would generate pollutant emissions, including but not limited to site grading, operation of construction equipment, and vehicle activities. Future development permitted that would occur pursuant to the Housing Element Update would also generate pollutant emissions from stationary equipment, new vehicular trips, off -site power and natural gas generation, etc. As the proposed Housing Element Update encompasses a programmatic project, no emission calculations are necessary in the preparation of this document. Notwithstanding, future development that would occur pursuant to the Housing Element Update could violate air quality standards or contribute substantially to an existing or projected air quality violation. The GPEIR concluded certain projects implemented under the General Plan could individually exceed the SCAQMD thresholds, and the total amount of construction under the General Plan could also exceed the SCAQMD's thresholds. This September 30, 2011 26 Initial StudylNegative Declaration S: Jq o�aE�wc °Rr City of Newport Beach > @ Housing Element Update Zit_ Initial Study /Negative Declaration Ap impact would remain significant and unavoidable, despite compliance with General Plan policies.3 The GPEIR concluded air emissions associated with General Plan implementation would also occur as a result of operation of new land uses. Given that the thresholds of significance for these new emissions were developed for individual development projects, the SCAQMD does not recommend calculation of operational emissions for a planning document, such as the General Plan or General Plan Element. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are no proposed changes to land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts from future development that would occur pursuant to the Housing Element Update involving potential violations of air quality standards were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established within the zoning district regulations in order to determine air emissions and potential violations of air quality standards. Additionally, the Housing Element Update proposes residential use densities within the various land use districts that would be no greater than allowed by the General Plan Land Use Element, thus, would not result in greater air emissions than identified and analyzed in the GPEIR. Future development would also be subject to compliance with General Plan policies that would help reduce short- and long -term air pollutant emissions. General Plan Policies NR 6.1 through 6.9 are intended to reduce mobile source emissions, Policies NR 7.1 to 7.4 are intended to reduce air emissions from stationary sources, Policy NR 8.1 is intended to reduce air emissions from construction activities, and Policies LU 5.3.1 to 5.3.3, LU 6.14.5, and 6.15.9 are intended to reduce vehicle miles traveled by promoting mixed -use districts, including within residential land use districts. Given that future development would undergo project -by- project review, would be regulated by the Newport Beach Zoning Code development standards, and be subject to compliance with General Plan policies, impacts resulting from short- and long -term air pollutant emissions would be less than significant. Mitigation Measures: No mitigation is required. 4.3(c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact. Refer to Response 4.3(b). Mitigation Measures: No mitigation is required. 4.3(d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. CARB has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. Sensitive receptors are located throughout the City. To identify impacts to sensitive receptors, the SCAQMD recommends addressing localized significance thresholds for construction and operations impacts, as well as a carbon monoxide hot -spots analyses. 3 Ibid., Page 4.2 -14. September 30, 2011 27 Initial Study /Negative Declaration 330 �cEWi°�ORT City of Newport Beach Housing Element Update } Initial Study /Negative Declaration P �CIF00.�\ The construction of individual projects could potentially lead to fugitive emissions and other pollutants affecting sensitive land uses. Increased traffic volumes on City streets could also lead to increases in traffic congestion and associated vehicle emissions, which could impact sensitive receptors. However, the GPEIR concluded sensitive receptors within the City would not be exposed to substantial pollutant concentrations, and the potential impacts of General Plan implementation would be less than significant." The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts from future development that would occur pursuant to the Housing Element Update involving potential exposure of sensitive receptors to substantial pollutant concentrations were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established within the GP and other adopted plans and programs in order to determine pollutant concentrations. More specifically, future development may be required to prepare an air quality analysis that evaluates the air emission impacts during construction. The SCAQMD requires a quantified assessment of a CO hot -spot when a project increases the volumes to capacity ratio (also called the intersection capacity utilization) by 0.02 (two percent) for any intersection with an existing level of service (LOS) D or worse. The project specific air quality analysis would provide mitigation measures to off -set impacts associated with that development. Given that future development would undergo project -by- project review, no potential impacts involving the exposure of sensitive receptors to substantial pollutant concentrations are anticipated to occur as a result of project implementation. Mitigation Measures: No mitigation is required. 4.3(e) Create objectionable odors affecting a substantial number of people? Less Than Sign cant Impact. Odors are one of the most obvious forms of air pollution to the general public. Although offensive odors seldom cause physical harm, they can be a nuisance to the general public. Most people determine an odor to be offensive (objectionable) if it is sensed longer than the duration of a human breath, typically two to five seconds. The SCAQMD handbook states that land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. Future discretionary development projects would be required to prepare a project specific air quality analysis. An odor assessment would be required as part of the air quality analysis should the proposed development have the potential to create objectionable odors. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. The construction activity from future residential development that would occur pursuant to the Housing Element Update may generate detectable odors from heavy -duty equipment exhaust. Construction - related odors would be short- term in nature and cease upon project completion. Additionally, the GPEIR concluded General Plan implementation would not create objectionable odors affecting a substantial number of people within the City and potential impacts would be less than significant.5 Since future development in compliance with the Housing Element Update would be consistent with the General Plan, there are no impacts that were not evaluated within the program EIR. As such, potential impacts from future development permitted by the 4 Ibid., Page 4.2 -16, 5 Ibid., Page 4.2 -17. September 30, 2011 28 Initial Study /Negative Declaration 331 aEwcpR� City of Newport Beach Housing Element Update = Initial Study /Negative Declaration C \� P �GIFORN\ Housing Element Update involving the creation of objectionable odors were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified and evaluated in that document. Given that future development would undergo project -by- project review, potential impacts involving the creation of objectionable odors would be less than significant. Mitigation Measures: No mitigation is required. 4.4 BIOLOGICAL RESOURCES Impact Analysis 4.4(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species Identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Sensitive habitat within the City consists of Diegan Coastal Sage Scrub, Riparian Habitat, and Native Grasslands. According to the California Native Diversity Database (CNDDB) search conducted for the GPEIR, the City has the potential for 78 special status wildlife species and 33 plant species. However, not all of these species are found within the City due to the lack of suitable habitat. Since future development permitted by the Housing Element Update would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on any species identified as a candidate, sensitive, or special status. Moreover, implementation of the Housing September 30, 2011 29 Initial Study /Negative Declaration 332 t S lhaJA 4 L 5 i � 4Yoitktffmp %gct z 5ignificantS farg ctWrth Sw nrRcanf J f r'04 hfApid II J R f £7V �i i( � p.'{ xMViAd N 3'.i` S e , ✓ (hid S 4 i�.v2uY =., '�rr��H. .9 ££xp F,r�,��'.S >5. v ilai#u+vMSlf.+.t. rt, l a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or ■ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, ■ policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but ■ not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native ■ resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological ■ resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved ■ local, regional or state habitat conservation plan? Impact Analysis 4.4(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species Identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Sensitive habitat within the City consists of Diegan Coastal Sage Scrub, Riparian Habitat, and Native Grasslands. According to the California Native Diversity Database (CNDDB) search conducted for the GPEIR, the City has the potential for 78 special status wildlife species and 33 plant species. However, not all of these species are found within the City due to the lack of suitable habitat. Since future development permitted by the Housing Element Update would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on any species identified as a candidate, sensitive, or special status. Moreover, implementation of the Housing September 30, 2011 29 Initial Study /Negative Declaration 332 k aEW PORT City of Newport Beach Housing Element Update s Initial Study /Negative Declaration 9UCOaN Element Update would not directly remove sensitive vegetation communities or species, because the Housing Element does not infer direct development rights. Notwithstanding, due to the conceptual nature of the future development permitted by the Housing Element Update, the potential exists for adverse impacts to species identified as a candidate, sensitive, or special status. Additionally, future development may result in the removal of mature trees that provide perching or nesting habitat for migratory birds and raptors and may result in a "take" of one of the special status species. However, the GPEIR concluded compliance with General Plan policies would result in less than significant impacts to candidate, sensitive, and special status species 6 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to candidate, sensitive, and special status species from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than those previously identified and evaluated in that document. Future discretionary residential development would undergo environmental and /or development review on a project -by- project basis based upon the development requirements established within the Newport Beach Zoning Code and other long -range plans and programs in order to determine potential impacts to candidate, sensitive, and special status species. As prescribed in the GPEIR, future residential development may be required to comply with the NCCP /HCP, the Migratory Bird Treaty Act, Federal Endangered Species Act, and the California Endangered Species Act. Additionally, future development would also be required to comply with General Plan policies that would reduce potential impacts on candidate, sensitive, and special status species. Namely, implementation of Policies NR1OA to 10.13 provide protection to sensitive and rare terrestrial and marine resources from urban development (Policy NR 10.4 requires a site - specific survey and analysis), Policies NR 11.1 to 11.3 require protection of eelgrass meadows, and Policies 12.1 to 12.3 require protection of coastal dune habitats. Given that future development would undergo project -by- project review (a site - specific survey and analysis may be required), and be subject to compliance with Federal /State and General Plan policies, impacts to candidate, sensitive, and special status species would be less than significant. Mitigation Measures: No mitigation is required. 4.4(b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than Significant Impact. Riparian habitat is known to occur throughout the City. Since future residential development permitted in accordance with the Housing Element Update would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on any riparian habitat. Moreover, implementation of the Housing Element Update would not directly remove riparian or other sensitive habitats, because, as previously discussed, the Housing Element Update does not infer direct development rights. Notwithstanding, due to the conceptual nature of the future residential development permitted by the General Plan Update, the potential exists for adverse impacts to riparian habitats. However, the GPEIR concluded that compliance with General Plan policies would mitigate the potentially significant adverse impacts occurring to these resources, resulting in less than significant impacts to riparian habitats .7 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the 6 Ibid., Page 4.2 -23. ' Ibid., Page 4.2 -25. September 30, 2011 30 Initial Study /Negative Declaration 333 EacT City of Newport Beach ol o x.Uo Housing Element Update Initial Study /Negative Declaration � �FV GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to riparian habitats from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established in the long -range plans and programs adopted by the City of Newport Beach in order to determine potential impacts to riparian habitats. Future development would be subject to compliance with Section 404 of the Clean Water Act and the Section 1600 of the California Fish and Game Code, which regulate the alteration of riparian vegetation. Additionally, future development would be subject to compliance with General Plan policies that would reduce potential impacts on riparian habitats. Namely, Policies NR 10.1 through NR 10.7 would require reduction or avoidance of impacts to riparian areas by ensuring cooperation with resource protection agencies, organizations, and conservation plans, and limiting or placing constraints on future development within identified ESAs or areas containing significant or rare biological resources. In addition, Policies NR 10.9 and NR 10.10 would require protection of existing or potential riparian habitats, and encourage restoration of the ESAs located within the Planning Area. Policies NR 13.1 and NR 13.2 would serve to protect wetlands and their riparian habitat, and require a survey and analysis of future General Plan development within a delineated wetland area. Given that future development would undergo project -by- project review and be subject to compliance with Federal /State and General Plan policies, no impacts are anticipated to occur to riparian habitats as a result of project implementation. Mitigation Measures: No mitigation is required. 4.4(c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. According to the GPEIR, wetlands are known to occur throughout the City. Since future development permitted by the Housing Element Update would occur primarily as infill and redevelopment, Project implementation is not anticipated to have a substantial adverse effect on wetlands. Moreover, implementation of the Housing Element Update would not directly remove wetlands, because it does not infer direct development rights. Additionally, the GPEIR concluded compliance with General Plan policies would result in no impacts to wetlands. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to wetlands from future development permitted by the Housing Element Update were considered in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary residential development pursuant to the Housing Element Update would be required to undergo environmental and /or development review on a project -by- project basis based upon the requirements established by the City and regulatory and /or resource agencies in order to determine potential impacts to wetlands. Future development would be subject to compliance with Section 404 of the Clean Water Act, which requires that a permit be obtained from the Army Corps of Engineers (ACOE) prior to discharge or dredged or fill material into any "waters of the United States" and /or California Department of Fish & Game (CDFG) prior to similar activities into any "waters of the State." Should development occur within wetland areas, Federal and State regulations would be implemented to protect resources from development through the ACOE and /or CDFG permitting process. Additionally, future development would 8 Ibid., Page 4.2 -27. September 30, 2011 31 Initial Study /Negative Declaration 334 City of Newport Beach m Housing Element Update Initial Study /Negative Declaration �< /road r be subject to compliance with General Plan policies that would reduce potential impacts on wetlands. Namely, Policies NR 13.1 and NR 13.2 would protect, maintain, and enhance the City's wetlands. Policies NR 14.1 to NR 14.4 would serve to maintain and enhance deep water channels and ensure they remain navigable by boats through the management of dredging and maintaining the capacity of wetlands and estuaries. Policies NR 15.1 to NR 15.3 would serve to ensure the proper disposal of dredge spoils to avoid disruption to natural habitats through monitoring and management of sediment. Given that future development would undergo project -by- project review and would be subject to compliance with Federal /State laws and regulations, including the "no net wetland loss" policy currently in place, as well as General Plan policies, project implementation would not result in potentially significant impacts to wetlands. Mitigation Measures: No mitigation is required. 4.4(d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact. Given that the City is primarily a built -out area, it is anticipated that future residential development proposed pursuant to the Housing Element Update would generally consist of infill and redevelopment. Additionally, the GPEIR concluded new urban uses within the City's developed areas would not have a substantial effect on the movement of native resident of migratory wildlife species or corridors, and impacts on these areas would be less than significant.9 Development permitted by the Housing Element Update was considered and analyzed in the GPEIR analysis, since additional residential development was assumed and there are no proposed changes to residential land use designations that would result in increased densities that were not included in the GP. As such, potential impacts to migratory wildlife species or corridors from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City of Newport Beach in its adopted long - range plans and programs as well as by regulatory/resource agencies in order to ensure that migratory wildlife species or corridors are not adversely impacted. Future development would also be subject to compliance with General Plan policies that would serve to protect migratory wildlife species or corridors. In particular, Policies NR 10.1 and NR 10.2 would serve to ensure that all future development cooperates with the regulatory framework and complies with NCCP policies. Policies NR 10.3 and NR 10.4 would serve to protect and prohibit development in nature preserves, conservation areas, and designated open space areas, and would require a site - specific study be prepared where development would occur within or contiguous to such areas. Policies NR 10.5, NR 10.7, and NR 10.8 would serve to prevent disruption, and ensure protection of sensitive habitat though siting and design requirements. Policies NR 12.1 through NR 12.3 would serve to protect coastal dune habitats (movement corridors for coastal wildlife species). Policies NR 13.1 and NR 13.2 would serve to protect, maintain, and enhance the Planning Area's wetlands, another movement corridor for a variety of aquatic, terrestrial, and avian species. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts to migratory wildlife species or corridors would be less than significant. Mitigation Measures: No mitigation is required. 4.4(e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 9 Ibid., Page 4.3 -28. September 30, 2011 32 Initial Study /Negative Declaration 335 ?EW"9^r City of Newport Beach Housing Element Update Initial Study /Negative Declaration CgGF00.� P Less Than Significant Impact. Future residential development permitted under the Housing Element Update would be subject to all applicable federal, state, and local policies and regulations related to preservation of biological resources. Specific local regulations consist of Council Policy G -1, Retention or Removal of City Trees, and Newport Beach Municipal Code (NBMC) Chapter 7.26, Protection of Natural Habitat for Migratory and Other Waterfowl. Future development would be subject to compliance with General Plan Policies NR 10.1 and NR 10.3, which would serve to ensure that all future development cooperates with the regulatory framework and complies with NCCP policies, as well as all policies specified in GPEIR Section 4.3, Biological Resources, which are intended to protect biological resources. That analysis concluded that potential impacts to such resources would be less than significant. Mitigation Measures: No mitigation is required. 4.4(t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Central and Coastal Orange County Natural Community Conservation Plan and Habitat Conservation Plan (NCCP /HCP) and the associated Implementation Agreement cover 13 cities, including Newport Beach. Therefore, the City is within jurisdiction of the NCCP /HCP. The purpose of the NCCP /HCP is to create a multi- species, multi - habitat reserve system and implementation of a long -term management program that will protect primarily coastal sage scrub and the species that utilize this habitat. The GPEIR concluded compliance with General Plan policies would result in no impacts involving the NCCP /HCP.10 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential conflicts with the NCCP /HCP from future development permitted by the Housing Element Update were considered in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City in adopted long -range plans and programs as well as by regulatory/resource agencies in order to determine potential conflicts with the NCCP /HCP. Additionally, future development would be subject to compliance with General Plan policies that would ensure consistency with the NCCP /HCP. Namely, Policy NR 10.2 states that future development must comply with the policies contained within the Orange County NCCP. In addition, Policy NR 10.1 states that future development shall cooperate with state and federal agencies, and private organizations, in the protection of the Planning Area's biological resources. Given that future development would undergo project -by- project review, and would be subject to compliance with General Plan policies, conflicts with the NCCP /HCP would not occur. Mitigation Measures: No mitigation is required 10 Ibid., Page 4.2 -29. September 30, 2011 33 Initial Study /Negative Declaration 33C 4aEW'Ok> City of Newport Beach Housing Element Update Initial StudyiNegative Declaration FOM1 4.5 CULTURAL RESOURCES Impact Analysis 4.5(a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines §15064.5? Less Than Significant Impact. GPEIR Figure 4.4 -1, Historic Resources, illustrates the locations of the 11 properties within the City that have been listed or designated eligible for listing on the NRHP or CRHR, or otherwise listed as historic or potentially historic in the California Historic Resources Information System (CHRIS) maintained by the Office of Historic Preservation. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment. Therefore, future development and /or redevelopment could cause a potentially substantial adverse change in the significance of a historical resource. Additionally, the GPEIR concluded redevelopment of a site could result in the demolition of historic or potentially historic structures, and infrastructure or other public works improvements could result in damage to or demolition of other historic features. These impacts would remain significant and unavoidable, despite compliance with General Plan policies." The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to historic resources from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City of Newport Beach in order to ensure that historic resources are not adversely impacted. Future development would be subject to Federal, State, and local regulations, and institutions in place to protect the City's historical resources. Additionally, future development would be subject to compliance with General Plan policies that would protect the City's historic resources. In particular, Policies HR 1.1 through HR 1.5 are intended to provide protection of historically significant landmarks, sites, and structures by requiring that the Historical Resources Inventory be maintained and updated, encouraging the preservation and adaptive reuse of historic structures, promoting the placement of historical landmarks throughout the City, encouraging adaptive reuse, and mandating the " Ibid., Page 4.4 -15. September 30, 2011 34 Initial Study /Negative Declaration 337 y� Signifte�rtt AI2 I.easTfran Fly, W fµi i I:k 4 'a "119 ii C,. �rjyY��Pyr�I �x y�i1t�L�yWII 3 (rrar.4 0 1 § S."'f Iw.� q it WiMapflyrti to f4 x ;� f iz O S in s +F R tME ��t a. Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.5? c. Directly or indirectly destroy a unique paleontological resource or m site or unique geologic feature? d. Disturb any human remains, including those interred outside of 1 formal cemeteries? Impact Analysis 4.5(a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines §15064.5? Less Than Significant Impact. GPEIR Figure 4.4 -1, Historic Resources, illustrates the locations of the 11 properties within the City that have been listed or designated eligible for listing on the NRHP or CRHR, or otherwise listed as historic or potentially historic in the California Historic Resources Information System (CHRIS) maintained by the Office of Historic Preservation. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment. Therefore, future development and /or redevelopment could cause a potentially substantial adverse change in the significance of a historical resource. Additionally, the GPEIR concluded redevelopment of a site could result in the demolition of historic or potentially historic structures, and infrastructure or other public works improvements could result in damage to or demolition of other historic features. These impacts would remain significant and unavoidable, despite compliance with General Plan policies." The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to historic resources from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City of Newport Beach in order to ensure that historic resources are not adversely impacted. Future development would be subject to Federal, State, and local regulations, and institutions in place to protect the City's historical resources. Additionally, future development would be subject to compliance with General Plan policies that would protect the City's historic resources. In particular, Policies HR 1.1 through HR 1.5 are intended to provide protection of historically significant landmarks, sites, and structures by requiring that the Historical Resources Inventory be maintained and updated, encouraging the preservation and adaptive reuse of historic structures, promoting the placement of historical landmarks throughout the City, encouraging adaptive reuse, and mandating the " Ibid., Page 4.4 -15. September 30, 2011 34 Initial Study /Negative Declaration 337 EW P° City of Newport Beach Housing Element Update �, qz Initial Study /Negative Declaration yGIfO��`P incorporation of historical elements in new redevelopment projects in the City. Specifically, Policy HR 1.2 focuses on preserving structures listed in the National Register of Historic Places, the List of California Historic Landmarks, and the Newport Beach Register of Historic Property by offering incentives. In addition to encouraging the placement of historical landmarks, photographs, markers, and plaques at areas of historical interest or value, Policy HR 1.3 would serve to create a Landmark Plan to recognize and designate culturally important heritage sites that are eligible for the placement of historical landmarks or plaques. Policy HR 1.4 encourages alternatives to demolition of historical sites through providing incentives. If preservation or adaptive reuse is not possible, Policy HR 1.5 requires that a project incorporate a physical link to the past within the site or structural design. Given that future development would undergo project -by- project review, be regulated by the Federal /State regulatory framework, and be subject to compliance with General Plan policies, impacts to historic resources would be less than significant. Mitigation Measures: No mitigation is required. 4.5(b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.51 Less Than Significant Impact. According to the GPEIR, Newport Beach has had a long cultural history and has been home to Native American groups, since before Euro-American settlement. Due to the historic nature of Newport Beach, archaeological materials have been found during ground- disturbing activities, particularly in areas that have not previously been developed. Moreover, archaeological resources may be present under existing buildings. According to the GPEIR, several locations within the City have known significant paleontological resources. These areas include areas underlain by the Vaqueros formation, such as the Newport Coast and the Newport Banning Ranch area, the Topanga and Monterey Formations, and Fossil Canyon in the North Bluffs area. Therefore, any ground- disturbing activities in these areas could potentially result in damage to or destruction of fossils in the formations. Project implementation is not anticipated to cause a substantial adverse change in the significance of an archaeological /paleontological resource. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Since, the City is primarily a built -out area, it is anticipated that future development permitted in accordance with the Housing Element Update would generally consist of infill and redevelopment. Future development sites have already been subject to extensive disruption and may contain artificial fill materials. As such, any archaeological /paleontological resources, which may have existed on the development sites, have likely been disturbed. Notwithstanding, due to the conceptual nature of the future development and the known existence of archaeological /paleontological resources in the area, future development permitted by the Housing Element Update could cause a substantial adverse change in the significance of an archaeological /paleontological resource. However, the GPEIR concluded compliance with General Plan policies would ensure impacts to archaeological and Native American cultural resources, and paleontological resources would be less than significant, by requiring the scientific recovery and evaluation of any resources that could be encountered during construction of future development.' Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to archaeological /paleontological resources from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. 12 Ibid., Pages 4.4 -16 and 4.4 -17. September 30, 2011 35 Initial Study /Negative Declaration 338 o� @ City of Newport Beach Housing Element Update s Initial Study /Negative Declaration P G<,Fp0.N Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the permit requirements established by the City of Newport Beach in order to ensure that archaeological resources are not adversely impacted. Future development would be subject to compliance with "Archaeological Guidelines (K -5)" and "Paleontological Guidelines (K -4)," established by the Newport Beach City Council, in order to ensure the preservation of significant archeological /paleontological resources and require that the impact caused by any development be mitigated with CEQA. Moreover, future development would also be subject to compliance with General Plan policies that would protect the City's archaeologicaVpaleontological resources. In particular, Policy HR 2.1 and Policy NR 18.1 require that any new development protect and preserve archaeological resources from destruction, and that potential impacts to such resources be avoided and minimized through planning policies and permit conditions. Other policies under Goal HR 2 and Goal NR 18 serve to ensure that information resources are maintained regarding these resources; grading and excavation activities where there is a potential to affect cultural or archaeological resources be monitored by a qualified archaeologist; cultural organizations are notified of all developments that have the potential to adversely impact these resources; and that any new development donates scientifically valuable archaeological resources to a responsible public or private institution. Policy HR 2.2 would serve to ensure that sources of information regarding paleontological and archeological sites and the names and addresses of responsible organizations and qualified individuals, who can analyze, classify, record, and preserve paleontological or archeological findings would continue to be maintained. A qualified paleontologist/archeologist would be required to monitor all grading/ excavation where there is a potential to affect cultural, archeological or paleontological resources. Given that future development would undergo project -by- project review, be regulated by the City's Archaeological Guidelines, and be subject to compliance with General Plan policies, impacts to archaeological resources would be less than significant. Mitigation Measures: No mitigation is required. 4.5(c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. Refer to Response 4.5(b). Mitigation Measures: No mitigation is required. 4.5(d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact. Human burials have been found throughout the City. The burials outside of a formal cemetery have been found in prehistoric archaeological contexts. Project implementation is not anticipated to disturb any human remains. Since, the City is primarily a built -out area, it is anticipated that future development permitted by the Housing Element Update would generally consist of infill and redevelopment. Future development sites have already been subject to extensive disruption and may contain artificial fill materials. Due to the level of past disturbance on the development sites, it is not anticipated that human remains, including those interred outside of formal cemeteries, would be encountered during earth removal or disturbance activities. Additionally, the GPEIR concluded compliance with existing Federal, State, and local policies would ensure that the General Plan's impact on human burial grounds would be reduced to a less than significant level by ensuring appropriate examination, treatment, and protection of human remains, as required by law. 13 Notwithstanding, ground- disturbing activities, such as grading or excavation, have the potential to disturb as yet unidentified human remains. If human remains were found, those remains would require proper treatment, in accordance with applicable laws. State of California Public Resources Health and Safety Code Section 7050.5 -7055 describe the general provisions for human remains. Specifically, Health and Safety Code Section 7050.5 describes the requirements if any human remains are accidentally discovered during excavation of a site. As required by State law, the requirements and procedures set forth in Section 5097.98 of the California Public Resources 13 Ibid., Page 4.4 -18, September 30, 2011 36 Initial Study /Negative Declaration 33 J o��EWPORT City of Newport Beach F > Housing Element Update Initial Study /Negative Declaration 4�iFO0.Y Code would be implemented, including notification of the County Coroner, notification of the Native American Heritage Commission, and consultation with the individual identified by the Native American Heritage Commission to be the "most likely descendant." If human remains are found during excavation, excavation must stop in the vicinity of the find and any area that is reasonably suspected to overly adjacent remains until the County coroner has been called out, and the remains have been investigated and appropriate recommendations have been made for the treatment and disposition of the remains. Following compliance with State regulations, which detail the appropriate actions necessary in the event human remains are encountered, potential impacts would be considered less than significant. Mitigation Measures: No mitigation is required. 4.6 GEOLOGY AND SOILS Impact Analysis 4.6(a)(1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. The Alquist - Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. The Act's main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The Act requires the State Geologist to establish regulatory zones, known as "Earthquake Fault Zones," around the surface traces of September 30, 2011 37 Initial Study /Negative Declaration S40 (Lessttlali5 ii t��i �•�.� g r.i , tMtyi rrr,A4QlN a E 4 LCS. �Y WoutddieprtyeGf ...... s t ip y6, 8 Si$n0ic�rt '� SSaiei 4kr �it�but c Zf iiili�.f� n3 ••ix •••' i+ ,vi' .t. fx. va ivn .fYi YeE �ji.Y �'ViT(: .e .� .ry a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Prido Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ■ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 2) Strong seismic ground shaking? ■ 3) Seismic - related ground failure, including liquefaction? ■ 4) Landslides? ■ b. Result in substantial soil erosion or the loss of topsoil? ■ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in ■ on -site or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18 -1 -B of the _ California Building Code (2001), creating substantial risks to life or ■ property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers ■ are not available for the disposal of waste water? Impact Analysis 4.6(a)(1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. The Alquist - Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. The Act's main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The Act requires the State Geologist to establish regulatory zones, known as "Earthquake Fault Zones," around the surface traces of September 30, 2011 37 Initial Study /Negative Declaration S40 Q taEW�rtT City of Newport Beach Housing Element Update a Initial Study /Negative Declaration �x 9C /FOPN active faults and to issue appropriate maps. Local agencies must regulate most development projects within these zones. The City of Newport Beach does not have any State - designated Earthquake Fault Zones. 14 Mitigation Measures: No mitigation is required. 4.6(a)(2) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? Less Than Significant Impact. The City is located in the northern part of the Peninsular Ranges Province. This is an area that is exposed to multiple fault zones, such as the Newport- Inglewood fault zone, the Whittier fault zone, the San Joaquin Hills fault zone, and the Elysian park Fault zone. The City would also be subject to movement caused by the San Andreas Fault. Each of these zones has potential to cause ground shaking within the City. Due to the presence of several significant faults, the City is anticipated to experience strong seismic ground shaking. According to the City's General Plan, the City has a probability for ground motion values 43 to 50 percent the force of gravity once every 50 years. This is considered to be in the high to very high range for southern California. The intensity of ground shaking would depend upon the magnitude of the earthquake, distance to the epicenter, and the geology of the area between the epicenter and the City. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. The future residential development permitted under the Housing Element Update could expose future residents and /or structures to adverse effects involving strong seismic ground shaking. The possibility of moderate to high ground acceleration or shaking in the City may be considered as approximately similar to the Southern California region, as a whole. The GPEIR concluded compliance with applicable regulations and the General Plan policies would ensure that impacts related to strong seismic ground shaking remain at a less than significant level. 15 As such, the exposure of future residents /structures to potential adverse effects involving strong seismic ground shaking from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City in the State of California in order to ensure that the exposure of future residents /structures to potential adverse effects involving strong seismic ground shaking is minimized. Numerous controls would be imposed on future residential development through the permitting process. In general, the City regulates development (and reduces potential seismic hazards) under the requirements of the California Building Code (CBC), which was adopted by the City and known as the Newport Beach Building Code (NBMC Section 15.04.010, Adoption of the California Building Code), the Alquist- Priolo Earthquake Fault Zoning Act, local land use policies, and zoning, and project specific mitigation measures. The effects of ground shaking would be sufficiently mitigated for structures designed and constructed in conformance with current building codes and engineering standards. Moreover, future development would also be subject to compliance with General Plan policies that would serve to ensure geologic hazards such as strong seismic ground shaking are minimized. Namely, Policy S 4.1 requires regular update to building and fire codes to provide for seismic safety and design and Policies S 4.4 and S 4.5 serve to ensure that new development is not located in areas that would be affected by seismic hazards. Given that future development would undergo project -by- project review, be regulated by 14 California Department of Conservation official website, http: / /Www.conservation.ca.gov /cgs /rghm/ ap /Pages/affected.aspx. Accessed May 18, 2010- 15 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.5 -14. September 30, 2011 38 Initial Study /Negative Declaration 3-41 ¢��WPORr City of Newport Beach Housing Element Update Initial Study /Negative Declaration the CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the exposure of people /structures to strong seismic ground shaking would be less than significant. Mitigation Measures: No mitigation is required. 4.6(a)(3) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic- related ground failure, including liquefaction? Less Than Significant Impact. Liquefaction can occur in loose soils in response to severe ground shaking. Liquefaction susceptibility is based on both geologic and geotechnical data. According to the GPEIR, the City is susceptible to liquefaction and ground failure in the coastline areas, including Balboa Peninsula, Newport Bay, Upper Newport, the lower reaches of major streams in Newport Beach, and the floodplain of the Santa Ana River. The majority of the City's mapped liquefiable area has been built upon. Earthquake- induced landslides of steep slopes occur in either bedrock or soils and can result in undermining of buildings, severe foundation damage and collapse. Hillside areas could pose a potential hazard from earthquake- induced landslides. The central and eastern areas of the City have been identified as vulnerable to seismically induced slope failure. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted pursuant to the Housing Element Update could expose people or structures to adverse effects involving seismic - related liquefaction and /or landslides. However, the GPEIR concluded that compliance with applicable regulations, as well as General Plan policies, would ensure that impacts would be less than significant.76 As such, the exposure of people /structures to potential adverse effects involving seismic - related liquefaction or landslides from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City and other regulatory agencies in order to ensure that the exposure of future residents /structures to potential adverse effects involving seismic - related liquefaction and landslides is minimized. Numerous controls would be imposed on future development through the permitting process implemented by the City of Newport Beach. In general, the City regulates development (and reduces potential seismic hazards) under the requirements of the CBC, local land use policies, and zoning, and project specific mitigation measures. Compliance with the CBC standards would require an assessment of hazards related to landslides and liquefaction and the incorporation of design measures into structures to mitigate these hazards. Site- specific geotechnical studies would be required prior to development, in order to determine the soil properties and specific potential for liquefaction. Additionally, development proposed on steep terrain would require site - specific slope stability design, in order to ensure adherence to the standards contained in City Building Code Appendix Chapter A33, Excavation and Grading. The effects of liquefaction and landslides would be sufficiently mitigated for structures designed and constructed in conformance with current CBC and engineering standards. Additionally, the proposed Newport Beach Zoning Code includes provisions that would avoid or minimize impacts of the exposure of future residents /structures to potential adverse effects involving seismic - related landslides. More specifically, the Bluff Overlay District requires the implementation of specific General Plan policies that require limiting development to ensure safety. The Fences, Hedges, Walls and Retaining Walls section limits the height of retaining walls and require that they be terraced to help minimize alteration of slopes. Moreover, future development would also be required to comply with General Plan policies that would result in minimizing the exposure of future residents /structures to potential adverse effects involving seismic - related liquefaction and landslides. Specifically, Policies S 4.1 16 Ibid., Page 4.5 -15. September 30, 2011 39 Initial Study /Negative Declaration 342 ��EWPORr City of Newport Beach Housing Element Update r Initial Study /Negative Declaration C94Fp R� o- through S 4.6 require new development to be in compliance with the most recent seismic and other geologic hazard safety standards, and the protection of community health and safety through the implementation of effective, state of the art standards for seismic design of structures in the City. Given that future development would undergo project -by- project review, be regulated by the CBC and Newport Beach Municipal Code (NBMC), and be subject to compliance with all relevant General Plan policies, impacts involving the exposure of future residents /structures to seismic - related liquefaction and landslide would be less than significant. Mitigation Measures: No mitigation is required. 4.6(a)(4) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides? Less Than Significant Impact. Refer to Response 4.6(a)(3). Mitigation Measures: No mitigation is required. 4.6(b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. As indicated previously, most of the City is built -out; therefore, topsoil erosion is not a significant issue in the areas where topsoil is not exposed. However, soil erosion is a concern along the shoreline and for undeveloped areas within the City. Clearing, grading, and excavation associated with future residential development permitted under the Housing Element Update could expose soils to minimal short-term erosion by wind and water, and loss of topsoil. Specific erosion impacts would depend largely on the areas affected and the length of time soils are subject to conditions that would be affected by erosion processes. However, the GPEIR concluded that compliance with applicable regulations, as well as General Plan policies, would ensure that impacts would be less than significant." As such, soil erosion impacts from future development permitted under the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the development standards prescribed in the NBMC, Newport Beach General Plan and /or other related long -range plans and programs in order to ensure that substantial soil erosion would not occur. Compliance with NBMC Chapter 15. 10, Excavation and Grading Code, would be required. Chapter 15.10 sets forth rules and regulations to control excavation, grading, drainage conditions, erosion control, earthwork construction, and the use of earth materials as a structural component, and provides for the approval of plans and inspection of grading construction and drainage control. Additionally, the Newport Beach Zoning Code includes provisions intended to minimize soil erosion. In particular, the Landscaping Standards chapter of the Zoning Code provides landscape standards to control soil erosion. All demolition and construction activities within the City would be subject to compliance with the CBC, as follows: • CBC Chapter 70. Standards that would ensure implementation of appropriate measures during grading activities to reduce soil erosion. • CBC Chapter 33. Regulates excavation activities and the construction of foundations. • CBC Appendix Chapter 33. Regulates grading activities, including drainage and erosion control. " Ibid., Page 4.5 -16. September 30, 2011 40 Initial Study /Negative Declaration S43 City of Newport Beach Housing Element Update z Initial Study /Negative Declaration Project sites encompassing an area of one or more acres would require compliance with a National Pollutant Discharge Elimination System (NPDES) permit and consequently the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP); refer to Response 4.9(a) below. Moreover, future development would be subject to compliance with General Plan policies that would ensure that new development would not result in substantial soil erosion or loss of topsoil. More specifically, Policies NR 3.11, NR 3.12, and NR 3.13 would require compliance with applicable local, State, or Federal laws, ensuring maximum practicable protection available for soils excavated during the construction and building associated with infrastructure. Given that future development would undergo project -by- project review, be regulated by the CBC, NBMC, and NPDES, and be subject to compliance with General Plan policies, impacts involving soil erosion would be less than significant. Mitigation Measures: No mitigation is required. 4.6(c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in an on -site or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. The majority of the City is underlain by compressible soils. Other soils in the City are low- density and /or manmade. The low- density soils are susceptible to liquefaction if sandy in nature and saturated in water. Manmade fill areas can be expansive depending on the type of fill used. The City is also underlain by geologic units, both surficial soils and bedrock that have fine- grained components that are moderate to highly expansive. Fine - grained soils are susceptible to expansion due to the clay components. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future discretionary development permitted by the Housing Element Update could be located on an unstable geologic unit or soil, resulting in collapse, subsidence, differential settlement, lateral spreading, or heaving. However, the GPEIR concluded that compliance with Code requirements and General Plan policies would ensure that impacts would be less than significant" As such, the exposure of future residents /structures to potential adverse effects involving unstable geologic units /soils from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future development would undergo environmental and /or development review on a project -by- project basis based upon the requirements established within the City's Zoning Code, CBC, and other regulatory requirements adopted by the City of Newport Beach in order to ensure that the exposure of future residents/structures to potential adverse effects involving unstable geologic units is minimized. An acceptable degree of soil stability can be achieved for expansive or compressible material through compliance with the CBC requirements. Also, a site - specific evaluation of soil conditions is required by the City Building Code and must contain recommendations for ground preparation and earthwork specific to the site, that become an integral part of the construction design. As part of the construction permitting process, the City requires completed reports of soil conditions at specific construction sites to identify potentially unsuitable soil conditions. Moreover, future development would be subject to compliance with General Plan policies that would minimize the exposure of people /structures to potential adverse effects involving unstable geologic units /soils. Policies S 4.1 through S 4.6 require new development to be in compliance with the most recent seismic and other geologic hazard safety standards. More specifically, compliance with Policies S 4.4 and S 4.6 would serve to ensure that development is not located on unstable soils or geologic units. Given that future development would undergo project -by- project review, be regulated by the 1 "bid., Page 4.5 -17. September 30, 2011 41 Initial Study /Negative Declaration S44 '@ City of Newport Beach o ;\ Housing Element Update Initial StudylNegative Declaration 9GFORN\ CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the exposure of people /structures to unstable geologic units/soils would be less than significant. Mitigation Measures: No mitigation is required. 4.6(d) Be located on expansive soil, as defined in Table 18 -1 -B of the California Building Code (2001), creating substantial risks to life or property? Less Than Significant Impact. Expansive soils have a significant amount of clay particles that give up water (shrink) or take on water (swell). The change in volume exerts stress on buildings and other loads placed on these soils. The City is underlain by materials that have a low to moderate expansion potential. The variation in expansion potential depends on the geologic or soil type present. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted pursuant to the proposed Housing Element Update could be located on expansive soils, creating substantial risk to life /property. However, the GPEIR concluded that compliance with Code requirements and General Plan policies would ensure that impacts would be less than significant.19 As such, the creation of substantial risk to life /property involving expansive soils from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the development standards prescribed in the NBMC, Newport Beach General Plan and /or other related long -range plans and programs, including the requirements of the CBC and NBMC in order to ensure that risk to life /property from expansive soils is minimized. As part of the construction permitting process, the City requires completed reports of soil conditions at specific construction sites to identify potentially unsuitable soil conditions. The design of foundation support must conform to the analysis and implementation criteria described in CBC Chapter 15. Moreover, future development would be subject to compliance with General Plan Policies S4.4 and S4.6, which would serve to ensure that development is not located on unstable soils or geologic units. Given that future development would undergo project -by- project review, be regulated by the CBC and NBMC, and be subject to compliance with General Plan policies, impacts involving the creation of substantial risk to life /property from expansive soils would be less than significant. Mitigation Measures: No mitigation is required. 4.6(e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. Any future residential development would connect to the City's existing waste disposal system. Therefore, future projects would not involve the use of septic tanks or alternative wastewater disposal systems. No significant impacts are anticipated. Mitigation Measures: No mitigation is required 19 Ibid., Page 4.5 -18. September 30, 2011 42 Initial Study /Negative Declaration S45 4 c�EW�RT City of Newport Beach of tl Housing Element Update Initial Study /Negative Declaration g4iF00.0.\ 4.7 GREENHOUSE GAS EMISSIONS � t Z � �f "�1i 4i J.�� F NM,.SnnC lb t F3Y@ � ti�34;4 43 F14�FiIr��I Jl j�10 Jl'"�X l kt yi' I x , ,r ryct r' I 3k X tri e[d3 � x a EPQtegtwily . E1gWnd#C�/tt a �ti � t.essl'ban it �. r i Mt���f j� Mn n '. : r b 3-V; ja. a. Generate greenhouse gas emissions, either directly or indirectly, that ma have a si niftcant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Impact Analysis 4.7(a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. Greenhouse gases (GHGs) are gases in the atmosphere that absorb and emit radiation. The greenhouse effect traps heat in the troposphere through the following three -fold process: short wave radiation emitted by the Sun is absorbed by the Earth; the Earth emits a portion of this energy in the form of long wave radiation; and GHGs in the upper atmosphere absorb this long wave radiation and emit this long wave radiation into space and toward the Earth. This "trapping" of the long wave (thermal) radiation emitted back toward the Earth is the underlying process of the greenhouse effect. The main GHGs in the Earth's atmosphere are water vapor, carbon dioxide (COA methane (CH4), nitrous oxide (N20), ozone (03), hydrofluorocarbons (HCFs), perfluorocarbons (PFCs), and sulfur hexafluoride (SFs). Direct GHG emissions include emissions from construction activities, area sources, and mobile (vehicle) sources. Typically, mobile sources make up the majority of direct emissions. Indirect GHG emissions are generated by incremental electricity consumption and waste generation. Electricity consumption is responsible for the majority of indirect emissions. Regulatory Environment In June 2005, Governor Schwarzenegger established California's GHG emissions reduction targets in Executive Order S -3 -05. The Executive Order established the following goals: • GHG emissions should be reduced to 2000 levels by 2010; • GHG emissions should be reduced to 1990 levels by 2020; and • GHG emissions should be reduced to 80 percent below 1990 levels by 2050. California further solidified its dedication to reducing GHGs by setting a new Low Carbon Fuel Standard for transportation fuels sold within the State in 2007 with Executive Order S -1 -07. Executive Order S -1 -07 sets a declining standard for GHG emissions measured in CO2 equivalent gram per unit of fuel energy sold in California. In response to the transportation sector accounting for more than half of California's CO2 emissions, Assembly Bill (AB) 1493 (AB 1493, Pavley) was enacted on July 22, 2002. AB 1493 required the California Air Resources Board (GARB) to set GHG emission standards for passenger vehicles, light duty trucks, and other vehicles whose primary use is noncommercial personal transportation in the State. Additionally, the California legislature enacted AB 32 (AB 32, Nuriez) in 2006 to further the goals of Executive Order S -3 -05. AB 32 represents the first enforceable statewide program to limit GHG emissions from all major industries, with penalties for noncompliance. September 30, 2011 43 Initial Study /Negative Declaration 340 aEW'Oar City of Newport Beach Housing Element Update Initial Study /Negative Declaration a, (I 0 PAP CARB adopted the AB 32 Climate Change Scoping Plan (Scoping Plan) in December 2008 to achieve reductions in GHG emissions in California pursuant to the requirements of AB 32. The Scoping Plan contains the main strategies California will use to reduce GHG emissions. AB 32 requires California to reduce its GHG emissions by approximately 28 to 33 percent below business as usual. CARB has identified reduction measures to achieve this goal as set forth in the Scoping Plan. Per the Attorney General's Office, their recommended General Plan measures will reduce GHG emissions and the effects of climate change. 20 Additionally, the Climate Action Team Report to Governor Schwarzenegger at the Legislature (CAT Report) provides "overarching recommendations considered essential by the (Climate Action Team) in meeting the statewide climate change emissions reduction targets" and "lays out a path forward to ensure that California's climate change emission reduction targets are met." The CAT Report identifies strategies designed to reduce California's GHG emissions and meet AB 32 and Executive Order S -3 -05 goals. Therefore, compliance with all applicable CAT Report strategies and Attorney General's General Plan recommendations would ensure the proposed Project would help achieve the AB 32 and Executive Order S -3-05 goals to reduce GHG emissions for California. Construction Emissions CEQA does not require an agency to evaluate an impact that is "too speculative ", provided that the agency identifies the impact, engages in a "thorough investigation" but is "unable to resolve an issue ", and then discloses its conclusion that the impact is too speculative for evaluation. (CEQA Guidelines Section 15145, Office of Planning and Research Commentary). Pursuant to CEQA Guidelines Section 15146(b): An EIR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the adoption or amendment, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Construction of future residential development permitted under the proposed Housing Element Update would result in GHG emissions from the use of construction equipment. However, details of these future construction activities are unknown at this time, and therefore, cannot be quantified. Nonetheless, compliance with General Plan Policy NR 8.1 would serve to reduce air emissions from construction activities. Therefore, compliance with GP Policies and standard SCAQMD regulations would reduce construction - related GHG emissions associated with future development to a level below "business as usual." Operational Impacts Area sources include emissions from natural gas combustion, hearth (wood stove /fireplaces), landscaping equipment, consumer products, and architectural coatings. Indirect sources include emissions from energy consumption and water conveyance. Mobile sources include emission from passenger vehicles and delivery trucks. Typically, mobile sources are the primary contributor of GHG emissions. However, consistent with the General Plan, the proposed Housing Element Update would discourage sprawl, promote mixed use development, and encourage public transportation. General Plan Policies NR 6.1 to 6.9, LU 5.3.1 to 5.3.3, 6.14.5, and 6.15.9, CE 5.1.1 to 5.1.16, and 6.2.1 to 6.2.3 are intended to reduce vehicle miles traveled and mobile source emissions by promoting mixed use development and encouraging alternative transportation modes (i.e., public transit, pedestrian, and bicycle). Also, General Plan Policies NR 1.1 to 1.5 address water conservation, and Policies NR 24.1 to 24.5 20 California Office of the Attorney General, Sustainability and General Plans: Examples of Policies to Address Climate Change, updated January 22, 2010. September 30, 2011 44 Initial Study /Negative Declaration S47 City of Newport Beach �r x Housing Element Update Initial Study /Negative Declaration t�F00.N� address energy efficiency and conservation. Additionally, the Housing Element Update does not propose to increase residential use densities within the various residential land use designations that would be greater than those allowed by the General Plan Land Use Element. Therefore, compliance with relevant General Plan policies and programs would reduce GHG emissions associated with future development allowed under the Housing Element to below "business as usual" levels. Compliance with the Attorney General's Recommendations The California Office of the Attorney General has established recommended measures for projects to mitigate GHG emissions at the plan level .2' A list of the Attorney General's recommended measures and the project's compliance with each measure are listed in Table 4.7 -1, Project Compliance with the Attorney General's Recommendations. As noted above, consistency of the Housing Element Update with GP Policies and existing regulations would reduce GHG emissions associated with future development permitted by the Housing Element Update to a level below "business as usual." General Plan Policies establish smart growth principles, which would allow for mixed -use development, and would serve to reduce mobile source GHG emissions by encouraging alternative transportation modes that would result in a decrease in auto dependency and vehicle miles traveled. GP Policies would also serve to reduce GHG emissions associated with future development proposed pursuant to the Housing Element Update through energy and water efficiency and conservation measures. The Housing Element Update would result in GHG emissions below "business as usual" levels. Therefore, the proposed Housing Element Update would not generate GHG emissions that would substantially impact the environment, and the GHG reduction goals of AB 32 would not be hindered. A less than significant impact would occur in this regard. Mitigation Measures: No mitigation measures are required. 4.7(b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. The City of Newport Beach does not have an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. As stated in Response 4.7(a), the General Plan Natural Resources, Land Use, and Circulation Elements include goals and policies addressing smart land use decisions, the reduction of vehicle miles traveled, and energy efficiency and conservation. Although the City does not have an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions, the sustainable development goals and policies established within the GP would result in GHG emissions below "business as usual" levels. Therefore, a less than significant impact would occur. Table 4.7 -1 Project Compliance with the Attorney General's Recommendations Attorney General's Recommended Measures Compliance Smart growth, jobsihousing balance, transit- oriented Compliant. The proposed Housing Element Update development, and infill development through land use would be consistent with GP Policies LU 5.3.1 to 5.3.3, designations, incentives and fees, zoning, and public- 6.14.5, and 6.15.9, which address smart growth and private partnerships. mixed use developments. Create transit, bicycle, and pedestrian connections Compliant. The GP Land Use Policies referenced through planning, funding, development requirements, above would serve to create opportunities for pedestrian incentives and regional cooperation; create disincentives friendly developments that would result in a decrease in for auto use. auto dependency. Also, Policies CE 5.1.1 to 5.1.16 and 6.2.1 to 6.2.3 would encourage alternative modes of 21 Ibid. September 30, 2011 45 Initial Study /Negative Declaration 348 o��EW ORr City of Newport Beach Housing Element Update cs Initial Study /Negative Declaration C'9C /FORK P Attorney General's Recommended Measures Compliance transportation on the local and regional scale including pedestrian, bicycle, and transit, which would reduce vehicle miles traveled. Energy- and water - efficient buildings and landscaping Compliant. The Housing Element Update would be through ordinances, development fees, incentives, consistent with GP Policies NR 1.1 to 1.5, which address project timing prioritization, and other implementing tools. energy and water conservation and efficient design features. Compliance with Policies NR 1.1 to 1.5 would S�MfipaMr result in reduced GHG emissions. Waste diversion, recycling, water efficiency, energy Compliant. Although the General Plan does not include efficiency and energy recovery in cooperation with public Policies regarding solid waste, the City maintains a 52 services districts and private entities. percent diversion rate from Orange County landfills. The y� ,. I%aM " t . City has one composting facility, five recycling programs, and six programs specializing in source reduction. om Additionally, the General Plan states that the City recycles over 25 percent of its residential waste stream, Wra,, as well as 100 percent of the concrete, asphalt, and green and brown wastes generated by City operations. Urban and rural forestry through tree planting Compliant. The Housing Element would be consistent requirements and programs; preservation of agricultural with Municipal Code Sections 13.08, Planting, and 13.09, land and resources that sequester carbon; heat island Parkway Trees, which include standards for tree reduction programs. planting, preservation, removal, and relocation. Also, the City's Street Trees Division is responsible for the maintenance and care of City trees, and the enforcement of the City's Tree Codes and Policies. Regional cooperation to find cross - regional efficiencies in Compliant. Refer to responses above. GHG reduction investments and to plan for regional transit, enemy eneration, and waste recovery facilities. through reasonably foreseeable upset and accident conditions Source:California Offce of the Attorney General, Sustafnability, and General Plans: Examples of Policies to Address Climate Change, u dated January 22, 2010. Mitigation Measures: No mitigation measures are required. 4.8 HAZARDS AND HAZARDOUS MATERIALS IQ i d— i p, T1tan } WoutdtheprofaeC, � +'3 �' � i � /, ' S�MfipaMr ; 4Wth Srgrefrcant', f a9i 2 S tE9 t M Q Y'ii F H} J 3t M�ga¢ion hnpact y� ,. I%aM " t . om W �a, C ✓ Wra,, ..ci a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ■ materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ■ involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile ■ of an existing or proposed school? d. Be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section ■ 65962.5, and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such ■ September 30, 2011 46 Initial Study /Negative Declaration S49 aEWPpRT City of Newport Beach Housing Element Update tz Initial Study /Negative Declaration 9< /PORN\ Impact Analysis 4.8(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Secondary activities that would occur with residential, uses (e.g., building and landscape maintenance) may involve the use of hazardous materials. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted under the Housing Element Update could require or engage in operations that involve the routine transport, use, or disposal of hazardous materials, particularly during the construction phases of such future development, potentially creating a significant hazard to the public and /or environment. In addition, the use of household hazardous materials during the occupancy /life of such future residential development could also result in some potential impact in the event of accidents that may occur. However, the GPEIR concluded oversight by the appropriate Federal, State, and local agencies and compliance by new development with applicable regulations related to the handling and storage of hazardous materials would minimize the risk of the public's potential exposure to these substances, resulting in less than significant impacts .22 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts involving the routine transport, use, or disposal of hazardous materials from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City and other regulatory agencies having oversight (e.g., Orange County Health Care Agency, Department of Toxic Substances Control, Environmental Protection Agency, etc.) in order to minimize risks involving the routine transport, use, or disposal of hazardous materials associated with residential development, including during construction. While the risk of exposure to hazardous materials cannot be eliminated, measures can be implemented to maintain risk to acceptable levels. All future residential development within the City would be subject to compliance with existing regulations, standards, and guidelines established by the Federal, State, and local agencies related to storage, use, and disposal of hazardous materials. Specifically, future development within the City would be subject to compliance with the environmental programs administered by the 22 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.6 -19. September 30, 2011 47 Initial Study /Negative Declaration 350 x .i 1' f M' 3 f £S 1 i F t x afi £ rye, y i irrya�rr .... i # fx y�y �� /NMir.''z 1 S r 5: f '- Y' tr��VW,WaIt �A �r�ilµrl�4GIR F{ £i ■Mpllf 'tli�1k1�1CWat t E 2k "� c vTAgni ff f� #�fMpact 2w, , f [S z t eS -k g IMMM 7ncorparted, s .,�fa ,fr,. -Will , a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? I. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in ■ the project area? g. Impair implementation of or physically interfere with an adopted ■ emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are ■ adjacent to urbanized areas or where residences are intermixed with wildlands? Impact Analysis 4.8(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Secondary activities that would occur with residential, uses (e.g., building and landscape maintenance) may involve the use of hazardous materials. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted under the Housing Element Update could require or engage in operations that involve the routine transport, use, or disposal of hazardous materials, particularly during the construction phases of such future development, potentially creating a significant hazard to the public and /or environment. In addition, the use of household hazardous materials during the occupancy /life of such future residential development could also result in some potential impact in the event of accidents that may occur. However, the GPEIR concluded oversight by the appropriate Federal, State, and local agencies and compliance by new development with applicable regulations related to the handling and storage of hazardous materials would minimize the risk of the public's potential exposure to these substances, resulting in less than significant impacts .22 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts involving the routine transport, use, or disposal of hazardous materials from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City and other regulatory agencies having oversight (e.g., Orange County Health Care Agency, Department of Toxic Substances Control, Environmental Protection Agency, etc.) in order to minimize risks involving the routine transport, use, or disposal of hazardous materials associated with residential development, including during construction. While the risk of exposure to hazardous materials cannot be eliminated, measures can be implemented to maintain risk to acceptable levels. All future residential development within the City would be subject to compliance with existing regulations, standards, and guidelines established by the Federal, State, and local agencies related to storage, use, and disposal of hazardous materials. Specifically, future development within the City would be subject to compliance with the environmental programs administered by the 22 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.6 -19. September 30, 2011 47 Initial Study /Negative Declaration 350 SEW PpgT City of Newport Beach Housing Element Update C,{�r Initial Study /Negative Declaration Cqt o��P Orange County Health Care Agency or the Orange County Fire Authority. Compliance with these programs would assist in mitigating a release or threatened release of a hazardous material and minimize any potential harm or damage to human health or the environment. Compliance with the City's Emergency Operations Plan would also be required. Future development would also be subject to compliance with General Plan policies that would minimize potential impacts involving the routine transport, use, storage, or disposal of hazardous materials. Namely, Policy S 7.3 would serve to educate residents and businesses about how to reduce or eliminate their use of hazardous materials. Policy S 7.6 requires that all users, producers, and transporters of hazardous materials and wastes clearly identify the materials that they store, use, or transport, and to notify the appropriate City, County, State and Federal agencies in the event of a violation. Given that future development would undergo project -by- project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, impacts involving the routine transport, use, storage, or disposal of hazardous materials would be less than significant. Mitigation Measures: No mitigation is required. 4.8(b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions Involving the release of hazardous materials into the environment? Less Than Significant Impact. Human exposure to hazardous substance could occur through accidental release. Incidents that result in an accidental release of hazardous substance into the environment can cause contamination of soil, surface water, and groundwater, in addition to any toxic fumes that might be generated. If not cleaned up immediately and completely, the hazardous substances can migrate into the soil or enter a local stream or channel causing contamination of soil and water. Human exposure of contaminated soil or water can have potential health effects on a variety of factors, including the nature of the contaminant and the degree of exposure. Short-Term Accidental Release of Hazardous Materials Short-term construction related activities associated with future residential development permitted under the Housing Element Update could result in the release hazardous materials into the environment through reasonably foreseeable upset and accident conditions, particularly during grading and construction. Hazardous material issues may exist on former commercial and /or industrial sites and old buildings where soil contamination, asbestos, and /or lead -based paint may exist. Demolition. Existing structures may need to be demolished prior to construction of new buildings. Demolition of structures could expose construction personnel and the public to hazardous substances such as asbestos containing materials (ACM) or lead -based paints (LBP), depending on the age of the structure. Further, the potential exists that construction activities may release potential contaminants that may be present in building materials (e.g., mold, lead, etc.). Federal and State regulations govern the renovation and demolition of structures where ACMs and LBPs are present. All demolition that could result in the release of ACMs or LBPs must be conducted according to Federal and State standards. The National Emission Standards for Hazardous Air Pollutants (NESHAP) mandates that building owners conduct an asbestos survey to determine the presence of ACMs prior to the commencement of any remedial work, including demolition. If ACM material is found, abatement of asbestos would be required prior to any demolition activities. Compliance with the recommended mitigation regarding the requirement for an asbestos survey and asbestos abatement, as well as compliance with SCAQMD Rule 1403, would reduce potential impacts to a less than significant level. Soil and Groundwater Contamination in Unknown Contaminated Sites. Grading and excavation for future residential development could expose construction workers and the public to unidentified hazardous substances present in the soil or groundwater. Exposure to contaminants could occur if the contaminants September 30, 2011 48 Initial Study /Negative Declaration S51 na, City of Newport Beach Housing Element Update Initial Study /Negative Declaration migrated to surrounding areas or if contaminated zones were disturbed at the contaminated location. Exposure to hazardous substances is considered potentially significant. Additionally, the potential exists for unidentified underground storage tanks (USTs) to be present on a development site. Removal activities could pose risks to workers and the public. Potential risks would be minimized by managing the tank according to existing Orange County Health Care Agency's standards. Potential impacts to groundwater would be dependant on the type of contaminant, the amount released, and depth to groundwater at the time of the release. Long -Term Accidental Release of Hazardous Materials Long -term operations of future residential development permitted pursuant to the Housing Element Update could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The specific potential future increase in the amount of hazardous materials transported within and through the City, as a result of future development cannot be predicted, since specific development projects are not identified. Although most typical of commercial and industrial project, incidents involving hazards and /or hazardous materials that could result in accidental release of hazardous materials that could affect residential development involve: • Leaking underground storage tanks; • Spills during transport; • Inappropriate storage; • Inappropriate use; and /or • Natural disasters. If not cleaned up immediately and completely, these and other types of incidents could cause contamination of soil, surface water, and groundwater, in addition to any toxic fumes that might be generated. Depending on the nature and extent of the contamination, groundwater supplies could become unsuitable for use as a domestic water source. Human exposure to contaminated soil or water could have potential health effects depending on a variety of factors, including the nature of the contaminant and the degree of exposure. Leaking Storage Tanks. Chemicals and wastes stored in aboveground or underground storage tanks would follow guidelines mandated by the California State Water Resources Control Board. Compliance with the Underground Storage Tank Inspection Program would ensure that hazardous materials stored in underground tanks are not released into the groundwater and /or the environment, and compliance with the Aboveground Petroleum Storage Tank (APST) Program would protect people and natural resources from aboveground petroleum storage tank spills or releases. Off -Site Transport. Transportation of hazardous materials during the construction phase of any future residential development can result in accidental spills, leaks, toxic releases, fire, or explosion. The potential exists for licensed vendors to transport hazardous materials to and from the City's new commercial sites. Accidental releases would most likely occur in the commercial areas /industrial areas and along transport routes leading to and from these areas. The USDOT Office of Hazardous Materials Safety prescribes strict regulations for the safe transportation of hazardous materials, as described in Title 49 of the Code of Federal Regulations, and implemented by Title 13 of the CCR. Storage and Use /Handling. Hazardous materials must be stored in designated areas designed to prevent accidental release to the environment. California Building Code (CBC) requirements prescribe safe accommodations for materials that present a moderate explosion hazard, high fire or physical hazard, or health hazards. Compliance with all applicable Federal, State, and local laws related to the storage of hazardous materials would be required to maximize containment and provide for prompt and effective clean -up, if an accidental release occurs. September 30, 2011 49 Initial Study /Negative Declaration 352 ,EaP°Rr City of Newport Beach Housing Element Update u\ i Initial Study /Negative Declaration ICIFORN Hazardous materials use /handling would present a slightly greater risk of accident than hazardous materials storage. However, for those employees who would work with hazardous materials, the amount of hazardous materials that are handled at any one time are generally relatively small, reducing the potential consequences of an accident during handling. The GPEIR concluded compliance with existing regulations and General Plan policies, and implementation of established safety practices, procedures, and reporting requirements, would ensure that construction workers and the general public would not be exposed to any unusual or excessive risks related to hazardous materials during construction activities, and reduce the risk of upset involving routine hazardous materials use, transportation, and handling. Impacts were concluded as less than significant. 23 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts associated with the creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment from future residential development permitted under the Housing Element Update were anticipated and evaluated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements prescribed by the City and /or regulatory agencies having oversight of the project in order to minimize risks due to reasonably foreseeable upset and accident conditions involving the release of hazardous materials. While the risk of exposure to hazardous materials cannot be eliminated, measures can be implemented to maintain risk to acceptable levels. Oversight by the appropriate agencies and compliance with measures established by Federal, State, and local regulatory agencies is considered adequate to offset the negative effects related to the reasonably foreseeable upset and accident conditions involving the release of hazardous materials in the City. Future development would also be subject to compliance with General Plan policies that would minimize potential impacts involving hazardous materials; refer to Response 4.8(a). Given that future development would undergo project -by- project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, impacts due to the creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment would be less than significant. Mitigation Measures: No mitigation is required. 4.8(c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Less Than Sign cant Impact. There are schools located throughout the City of Newport Beach. As discussed in Response 4.7.a, construction and operations of various uses permitted by the Housing Element Update could involve the routine use of hazardous materials, either during construction or for long- term maintenance of residential properties in the form of household hazardous materials. Hazardous materials could be used during construction of future residential development within the City, including the use of standard construction materials, cleaning and other maintenance products, and diesel and other fuels. The secondary activities that would occur with residential uses (e.g., building and landscape maintenance) would also involve the use of hazardous materials. Therefore, the possibility exists that future construction or routine operations associated with future residential development occurring in the City of Newport Beach could involve transport, use, or disposal of hazardous materials within one - quarter mile of an existing school. 23 Ibid., Page 4.6 -22 and 23. September 30, 2011 50 Initial StudyiNegative Declaration 353 aE j City of Newport Beach Housing Element Update Initial Study /Negative Declaration CAex�P 9<IFOR� The GPEIR concluded compliance with the provisions of the City's Fire Code and implementation of General Plan policies would minimize the risks associated with the exposure of sensitive receptors (i.e., schools) to hazardous materials. This impact would be less than significant .14 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts from future development permitted pursuant to the Housing Element Update associated with hazardous emissions or hazardous materials in proximity to a school were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would not result in impacts greater than previously identified and evaluated in that document. Future discretionary residential development would undergo environmental and /or development review on a project -by- project basis based upon the requirements established by the City of Newport Beach and regulatory agencies with oversight, which could require the implementation of measures prescribed by Federal, State, and local regulatory agencies in order to adequately to offset the negative effects associated with the exposure of sensitive receptors (i.e., schools) to hazardous materials. Future residential development would also be subject to compliance with General Plan policies that would minimize potential impacts involving hazardous materials; refer to Responses 4.8(a) and 4.8(b). Given that future development would undergo project -by- project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, potential impacts involving hazardous emissions or hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school would be less than significant. Mitigation Measures: No mitigation is required. 4.8(d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and as a result, would it create a significant hazard to the public or the environment? Less Than Significant Impact. According to GPEIR Section 4.6, there are various hazardous material sites located within the City. Most of these sites are existing and former industrial properties or sites that have supported some use that resulted in soils and /or groundwater contamination (e.g., gas stations, research and development, etc.). Potential hazards to construction workers and the public may occur from construction activities on existing sites that may be contaminated; refer to Response 4.8(b). Future development of any of these documented hazardous materials sites would require prior remediation and cleanup under the supervision of the DTSC, in order to meet Federal, State, and local standards. Since the proposed Housing Element Update does not include any specific development projects, future development would be evaluated on a project -by- project basis to determine if such sites are listed on a current regulatory hazardous materials site list. The GPEIR concluded compliance with the established regulations and implementation of General Plan policies would minimize the risks associated with development of contaminated site, and impact would be less than significant 25 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts from future development permitted under the Housing Element Update involving contaminated sites were anticipated in the GP /GPEIR and appropriate measures and /or compliance with Federal, State and /or local regulations has 24Ibid., Page 4.6 -26. 25Ibid., Page 4.6 -26. September 30, 2011 51 Initial Study /Negative Declaration 5154 aEaR> City of Newport Beach k Housing Element Update Initial Study /Negative Declaration er� c been identified. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements established by the City of Newport Beach and /or regulatory agencies having oversight in order to minimize risks involving development of a contaminated site. Development of these sites would be required to undergo remediation and cleanup under DTSC, OCHCA, and the SARWQCB before construction activities can begin. Future development would also be subject to compliance with General Plan policies. In particular, Policy S 7.1 requires proponents of projects in known areas of contamination from oil operations or other uses to perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards. Given that future residential development pursuant to the Housing Element Update would undergo project - by- project review, be regulated by the existing regulatory framework, and be subject to compliance with General Plan policies, potential impacts involving residential development on a contaminated site would be less than significant. Mitigation Measures: No mitigation is required. 4.8(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact. The southeastern portion of John Wayne Airport borders the City of Newport Beach. Additionally, the City lies under the arrival traffic pattern for the Long Beach Airport. While aviation accidents with one or more fatalities are rare events, residential development permitted by the Housing Element Update could expose people residing or working in the City to aviation hazards from local airports. The GPEIR concluded compliance with existing regulations and General Plan policies, and utilization of the California Airport Land Use Planning Handbook for new development within JWA land use boundaries would minimize impacts associated with JWA operations on surrounding land uses, and impacts would be less than significant.26 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts to future development involving aviation hazards were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the permit requirements prescribed in the NBMC and related long -range plans and programs in order to ensure that potential impacts involving aviation hazards are minimized. All land uses surrounding JWA would be subject to the land use standards established in the City's Municipal Code and the Airport Land Use Commission's (ALUC) JWA "Airport Environs Land Use Plan" ( AELUP). The AELUP vicinity height guidelines would protect public safety, health, and welfare by ensuring that aircraft could fly safely in the airspace around the airport. Additionally, the California Airport Land Use Planning Handbook would be utilized in the preparation of environmental documents for all new development located within the AELUP boundaries. The Handbook establishes statewide requirements for the conduct of airport land use compatibility planning, and provides compatibility planning guidance to ALUCs, their staffs and consultants, the counties and cities having jurisdiction over airport area land uses, and airport proprietors. The City's Emergency Management Plan also establishes safety procedures with respect to aviation hazards. Future development would also be subject to compliance with General Plan policies that would minimize impacts involving aviation - related hazards. Namely, General Plan Policies S 8.1 though S 8.4 26 Ibid., Page 4.6 -29. September 30, 2011 52 Initial Study /Negative Declaration 355 �FW�RT City of Newport Beach Housing Element Update Initial Study /Negative Declaration q< /aORN would ensure preparation and minimize risk in the case of an aviation accident. LU Policy 6.15.24 requires that all development be constructed within the height limits and residential uses be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the AELUP, unless the City Council makes appropriate findings for an override in accordance with applicable law. Given that future development would undergo project -by- project review, and be subject to compliance with the established regulations and General Plan policies, impacts involving aviation - related hazards would be less than significant. Mitigation Measures: No mitigation is required. 4.8(0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. There are no private airstrips located within the City of Newport Beach. Residential development permitted by the Housing Element Update would not expose people residing or working in the City to aviation hazards from a private airstrip. Mitigation Measures: No mitigation is required. 4.8(g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update could increase traffic volumes and may impede the rate of evacuation, in the event of an accident or natural disaster. The GPEIR concluded compliance with the General Plan policies would reduce impacts associated with emergency response and evacuation in the City to a less than significant level .27 Residential development permitted under the Housing Element Update was considered and adequately evaluated in the GPEIR analysis because additional residential development in accordance to the Land Use Element was anticipated. The proposed Housing Element Update does not include changes to residential land use designations that would result in increased densities that were not included in the GP. As such, potential impacts to future development associated with emergency response and evacuation were anticipated and adequately evaluated in the GP /GPEIR. As a result, implementation of the proposed Housing Element Update is consistent with the analysis presented in the GPEIR, and would not result in greater impacts than previously identified. Furthermore, future discretionary residential development would also be subject to environmental and /or development review on a project -by- project basis based upon the development standards and related requirements prescribed in the Newport Beach Zoning Ordinance and other applicable long -range plans and programs in order to ensure that potential impacts involving aviation hazards are minimized. Additionally, the City would continue to implement its Emergency Management Plan (EMP), which guides the City's response to extraordinary emergency situations. Moreover, General Plan Policies S 9.1, S 9.2, and S 9.3 would serve to ensure that the City's Emergency Management Plan is regularly updated, provides for efficient and orderly citywide evacuation, and also ensures that emergency services personnel are familiar with the relevant response plans applicable to the City. Given that future residential development would undergo project -by- project review, and be subject to the City's EMP and General Plan policies, impacts involving emergency response and evacuation would be less than significant. Mitigation Measures: No mitigation is required 21 Ibid., Page 4.6 -29, September 30, 2011 53 Initial Study /Negative Declaration 3150 ��EWr ORr City of Newport Beach Housing Element Update �E a Is Initial Study /Negative Declaration C9<FORNP 4.8(h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less Than Significant Impact. Areas susceptible to wildland fires are located in the eastern portions of the City, as well as surrounding areas to the north, east, and southeast. As identified and described in the GPEIR, future residential development permitted under the Housing Element Update could increase residential development in areas susceptible to wildland fires, exposing people or structures to a significant risk. The GPEIR concluded compliance with the General Plan policies would reduce impacts associated with the exposure of people and structures to risk involving wildland fires to a less than significant Ievel.28 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development proposed in accordance with the Housing Element Update was previously considered and evaluated in the GPEIR analysis. Since additional residential development was assumed and there are no changes to residential land use designations in the proposed Housing Element Update that would result in increased densities that were not included in the GP, potential impacts to future development associated with the exposure to wildland fires were anticipated and adequately addressed in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. As required by the City, future discretionary residential development would undergo environmental and /or development review on a project -by- project basis based upon the development standards and related requirements established within the City's Zoning Ordinance and other long -range plans and programs in order to ensure that potential impacts involving the exposure to wildland fires is minimized. In areas susceptible to wildland fires, land development is governed by special State and local codes, and property owners are required to follow maintenance guidelines aimed at reducing the amount and continuity of the fuel (vegetation) available. The City also maintains hazard reduction standards, which regulate landscaping, firewood storage, debris clearing from rooftops, and other fire hazard reduction techniques. Moreover, compliance with General Plan Policies S 6.1 to S 6.9 would serve to reduce the threat of fire hazards within the City. In particular, Policy S 6.2 would implement hazard reduction, fuel modification, and other methods to reduce wildfire hazards. Given that future development would undergo project -by- project review, and be subject to compliance with the General Plan policies, potential impacts involving the exposure of people and structures to risk from wildland fires would be less than significant. Mitigation Measures: No mitigation is required. 4.9 HYDROLOGY AND WATER QUALITY X S � "• #�jjj����tl �}p�j} 61d"�' i� t�$ � h. I �k 1 14 n ! , .- IN P -. t� H 44 it66sbbee 1f�+3J Q�y_d�i�� SRi.t G3E.�M4SA.ka� a. Violate water quality standards or waste discharge emany ■ b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be ■ a net deficit in aquifer volume or a lowering of the local 2e Ibid., Page 4.6 -30. September 30, 2011 54 Initial Study /Negative Declaration 35�;L o��EWPORT City of Newport Beach .d a @fin Housing Element Update Initial Study /Negative Declaration $ /roaN RU { &s R!t i7A�, aq �;ii M '.i , y5 M1E RE A rn� It k }+ a iI3P ! -e b _fi t" w - �'S,tt�sippi iii h fe$9f7�+ to {V $ f hit 1 $ t$ kE � h � 6 �Iti i§ FR Itl F } H�;9` � �t `2t�•i p I� S a^ ��Ea� S s1 of a£:5:. 6f�rget�n„ .r. „ groundwater table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in ■ a manner, which would result in substantial erosion or siltation on- or off -site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, ■ or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e. Create or contribute runoff which would exceed the capacity of existing or planned storm water drainage systems or provide ■ substantial additional sources of polluted runoff? I. Otherwise substantially degrade water quality? ■ g. Place housing within a 100 -year flood hazard as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or ■ other flood hazard delineation map? h. Place within a 100 -year flood hazard area structures, which would ■ impede or redirect flood flows? I. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure ■ of a levee or dam? I. Inundation by seiche, tsunami, or mudflow? ■ Impact Analysis 4.9(a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. As part of Section 402 of the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has established regulations under the National Pollution Discharge Elimination System (NPDES) program to control direct storm water discharges. In California, the State Water Resources Control Board ( SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The NPDES program regulates industrial pollutant discharges, which include construction activities. The SWRCB works in coordination with the Regional Water Quality Control Boards (RWQCB) to preserve, protect, enhance, and restore water quality. The City of Newport Beach is within the jurisdiction of the Santa Ana RWQCB (SARWQCB). Short -Term Construction The SWRCB adopted NPDES General Permit No. CAS000002, Waste Discharge Requirements (WDRs) for Discharges of Stormwater Runoff Associated With Construction Activity (General Construction Permit). Construction sites with 1.0 acre or greater of soil disturbance or less than 1.0 acre, but part of a greater common plan of development, are required to apply for coverage for discharges under the General Construction Permit by submitting a Notice of Intent (NOI) for coverage, developing a Stormwater Pollution Prevention Plan (SWPPP), and implementing Best Management Practices (BMPs) to address construction site pollutants. Construction activity subject to this permit includes clearing, grading, and disturbances to the ground such as stockpiling or excavation, but does not include regular maintenance activities. September 30, 2011 55 Initial Study /Negative Declaration 358 aEW PART City of Newport Beach Housing Element Update Initial Study /Negative Declaration ��OPa P The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Construction activities from future residential development permitted under the Housing Element Update would be subject to compliance with NBMC Chapter 14.36, Water Quality, NBMC Chapter 15.10, Excavation and Grading Code, and NPDES requirements. Prior to issuance of any Grading or Building Permit, and as part of the future residential development's compliance with the NPDES requirements, a NO[ would be prepared and submitted to the Santa Ana RWQCB providing notification and intent to comply with the General Construction Permit. Also, a SWPPP would be submitted and approved by the Director of Public Works and the City Engineer for water quality construction activities onsite. A copy of the SWPPP would be made available and implemented at the construction site at all times. The SWPPP is required to outline the source control and /or treatment control BMPs to avoid or mitigate runoff pollutants at the construction site to the "maximum extent practicable." Additionally, through the City's development review process, future projects would be evaluated for potential site - specific water quality impacts from construction activities. Compliance with NBMC Chapters 14.36 and 15.10, and NPDES requirements would reduce short-term construction - related impacts to water quality to a less than significant level- Long-Term Operations The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4s). The RWQCBs have adopted NPDES storm water permits for medium and large municipalities. Most of these permits are issued to a group of co- permittees encompassing an entire metropolitan area. The SARWQCB issued the permit governing the public storm drain system discharges in northern Orange County from the storm drain systems owned and operated by the Orange County cities and Orange County (collectively "the Co- permittees "). This permit regulates storm water and urban runoff discharges from development to constructed and natural storm drain systems in the City of Newport Beach. Among other requirements, the NPDES permit specifies requirements for managing runoff water quality from new development and significant redevelopment projects, including specific sizing criteria for treatment BMPS. To implement the requirements of the NPDES permit, the Co- permittees have developed the Orange County Stormwater Program 2003 Drainage Area Management Plan (DAMP), which includes a New Development/ Significant Redevelopment Program. The New Development/Significant Redevelopment Program provides a framework and a process for following the NPDES permit requirements and incorporates watershed protection /storm water quality management principles into the Co- Permittees' General Plan process, environmental review process, and development permit approval process. Local jurisdictions, including the City of Newport Beach, have adopted a Local Implementation Plan (LIP) based upon the County's DAMP, which includes a Model Water Quality Management Plan (WQMP). Using the local LIP (City of Newport Beach Stormwater LIP) as a guide, the City would review and approve project - specific WQMPs, as part of the development plan and entitlement approval process for discretionary projects, prior to issuing permits for ministerial projects. More specifically, prior to issuance of any Grading Permit, future development would be required to prepare a WQMP, which includes both Structural and Non - Structural BMPS in order to comply with the requirements of the current DAMP and NPDES. Compliance with NBMC Chapters 14.36 and 15.10, and NPDES requirements would reduce long -term impacts to water quality to a less than significant level. The GPEIR concluded compliance with NPDES requirements, the Orange County DAMP, the NBMC, and General Plan Policies would reduce the risk of water degradation within the City from the operation of new developments to the maximum extent practicable. Therefore, since violation of waste discharge requirements or water quality standards would be minimized, this impact would be less than significant .29 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. Therefore, implementation of the proposed Housing 29 Ibid., Page 4.7 -32. September 30, 2011 56 Initial Study /Negative Declaration S5J SEW PART City of Newport Beach 5> Housing Element Update Initial Study /Negative Declaration q < /FDR� Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the development standards prescribed in the NBMC, General Plan policies and relevant long -term plans and programs in order to ensure that impacts involving violations of waste discharge requirements or water quality standards would be minimized. Additionally, future development would be subject to compliance with General Plan policies. In particular, Policies NR 3.1 through NR 5.4 would serve to limit the use of landscape chemicals detrimental to water quality, require development to result in no degradation of natural water bodies, require new development applications to include a WQMP to minimize construction and post- construction runoff, implement and improve BMPs, require all street drainage systems to be designed to minimize adverse impacts on water quality, and require grading /erosion control plans with structural BMPs that prevent or minimize erosion. Implementation of General Plan Policy NR 320 would serve to minimize the creation of impervious surfaces, while increasing the area of pervious surfaces, where feasible. Given that future development would undergo project -by- project review, be regulated by the NPDES, DAMP, and the NBMC, and subject to compliance with General Plan policies impacts involving water quality standards or waste discharge requirements would be less than significant. Mitigation Measures: No mitigation is required. 4.9(b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant Impact. Groundwater within the City is shallow and can occur as shallow as 50 beneath ground surface. During construction, the groundwater table could be encountered during pile driving, dewatering, and other construction activities. However, given that the City is primarily a built -out area, and that residential development permitted by the Housing Element Update would generally consist of infill and redevelopment, the displaced /removed volume from these activities would not be substantial relative to the Orange County Groundwater Basin's water volume. Therefore, future residential development permitted by the proposed Housing Element Update would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. Groundwater recharge is derived from percolation of Santa Ana River flow, injection into wells, and infiltration of precipitation. The City of Newport Beach is not located within an identified recharge area for groundwater. Future development would not interfere significantly with recharge as the City does not contribute a significant amount to the Santa Ana River flow, there are no injection wells in the City. As previously indicated, because the City is nearly fully built -out, future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment. As a result, the amount of impervious surfaces would not change significantly. Water service is provided by the City of Newport Beach, Irvine Ranch Water District, and the Mesa Consolidated Water District. Future residential development permitted pursuant to the Housing Element Update would increase the demand for groundwater. However, the GPEIR concluded groundwater supplies would meet projected demands throughout the City, and compliance with General Plan policies would reduce water consumption to ensure adequate groundwater supplies.30 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. 30Ibid., Page 4.7 -33. September 30, 2011 57 Initial Study /Negative Declaration Soo �NEW'ORr City of Newport Beach Housing Element Update rr !r:•,; •ji Initial Study /Negative Declaration i As such, potential impacts to groundwater supplies due to water consumption from future residential development permitted under the Housing Element Update were anticipated in the GP /GPEIR. Therefore, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the development standards and other requirements prescribed in the City's Zoning Ordinance and related long -range plans and programs in order to determine potential impacts on groundwater supplies. Additionally, future development would be subject to compliance with General Plan policies (refer to Response 4.17(b)) designed to minimize water consumption and expand the use of alternative water sources to provide adequate water supplies for not only existing uses but also future growth within the City. Given that future residential development would undergo project -by- project review and be subject to compliance with General Plan policies, potential impacts to groundwater supplies would be less than significant as concluded in the GPEIR. Mitigation Measures: No mitigation is required. 4.9(c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? Less Than Significant Impact. Construction activities of future development could temporarily alter existing drainage patterns as a result of grading and related site preparation activities. Future residential development would also alter existing drainage patterns through changes in ground surface permeability and changes in topography. However, the GPEIR evaluated these potential impacts and concluded that compliance with NPDES and NBMC regulations, in addition to implementation of General Plan policies, would reduce potentially significant impacts resulting from landform alteration associated with new residential development that affect existing drainage patterns to a less than significant level.31 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, potential impacts due to alterations of drainage patterns from future residential development permitted under the Housing Element Update were anticipated and evaluated in the GP /GPEIR. Therefore, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the development standards and other requirements prescribed by the City of Newport Beach and contained in the NBMC, CBC and other related policies, plans, and programs in order to minimize potential impacts due to alterations of drainage patterns resulting from future residential development. Additionally, future residential development would be subject to compliance with General Plan policies (i.e. Policies NR 3.10 to NR 3.12, NR 4.4, NR 3.16, NR 3.20, NR 3.21, and 5 5.3), which would serve to minimize potential impacts due to alterations of drainage patterns. Given that future residential development would undergo project -by- project review and be subject to compliance with NPDES requirements and General Plan policies, potential impacts due to alterations of drainage patterns resulting from such development would be less than significant as concluded in the GPEIR. Mitigation Measures: No mitigation is required 31 Ibid., Page 4.7 -34. September 30, 2011 58 Initial Study /Negative Declaration 301 City of Newport Beach Housing Element Update uF� r Initial Study /Negative Declaration 1GicOAN 4.9(d) Substantially alter the existing drainage pattern of the site or area, including through alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? Less Than Significant Impact. Given that the City is nearly built -out, it is anticipated that future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment. As such, new residential development would not substantially alter drainage patterns, because these areas are already developed with existing uses and impervious surfaces. Similarly, since the increase in impervious surfaces would be limited, the potential increase stormwater runoff would not be substantial such that the capacity of existing and planned infrastructure would be exceeded, and flooding impacts would occur downstream. Therefore, Project implementation would not substantially alter the existing drainage patterns, and would not result in flooding. Refer also to Response 4.8.c. Mitigation Measures: No mitigation is required. 4.9(e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. Refer to Responses 4.9(a), 4.9(c), and 4.9(d). Mitigation Measures: No mitigation is required. 4.9(t) Otherwise substantially degrade water quality? Less Than Significant Impact. Refer to Responses 4.9(a) and 4.9(c). Mitigation Measures: No mitigation is required. 4.9(g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Less Than Significant Impact. The Federal Emergency Management Agency (FEMA) prepares and maintains Flood Insurance Rate Maps (FIRMs), which show the extent of Special Flood Hazard Areas (SFHAs) and other thematic features related to flood risk, in participating jurisdictions. To receive insurance benefits in the event of flood, participating agencies must recognize these official flood boundaries and establish appropriate land use policy for the flood zones. GPEIR Figure 4.7 -3, Flood Zones, illustrates the City's 100- and 500 -year flood Zones. As indicated by Figure 4.7 -3, the City's coastline and areas of Newport Bay are located within a 100 -year flood zone, where the potential for private property flooding exists. The 100 -year flood (one percent annual chance flood), also known as the base flood, is the flood that has a one percent chance of being equaled or exceeded in any given year. This SFHA is the area subject to flooding by the one percent annual chance flood. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update could place structures or housing within a 100 - year flood hazard area. Moreover, flood waters that exceed the capacities of existing and improved drainages would travel by overland flow on any available grounds. Building density permitted by the Housing Element Update is not anticipated to increase to such an extent that would substantially increase obstructions to flood flows. Furthermore residential development is not permitted within the limits of a 100 - year flood plain. The GPEIR concluded compliance with General Plan policies and NBMC standards would sufficiently protect new structures from damage in the event of a 100 -year flood and would ensure flows are not substantially impeded or redirected. Therefore, impacts of flood hazards or impeding /redirecting flows September 30, 2011 59 Initial Study /Negative Declaration S02 dEW �Rr � City of Newport Beach Housing Element Update Initial Study /Negative Declaration would be less than significant. 32 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities /intensities that were not included in the GP. As such, exposure of residents and /or homes from future residential development in accordance with the Housing Element Update to potential substantial adverse effects involving flood hazards were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the development standards and other requirements prescribed in the City's Zoning Ordinance, General Plan polices, and related long -term plans and programs adopted by the City in order to ensure that future residential development is not adversely impacted. Further, NBMC Chapter 15.50 establishes methods and provisions that would minimize flood damage to residential development. A water displacement analysis would be required to investigate the effect of new structural development or fill on flooding depth, pursuant to FEMA regulation 44 CFR 60.3 (c)(10). Future development would also be subject to General Plan policies that would protect human life and public and private property from the risks of flooding. For example, Policy S 5.1 requires all new development within 100 -year flood zones to mitigate flood hazards by including onsite drainage systems that are connected to the City's storm drain system, grading of sites within the project area such that runoff does not impact adjacent properties, or elevating buildings above flood levels. If building pads are elevated out of the floodpiain, a Letter of Map Revision (LOMR) would be required from FEMA that certifies the land has been elevated out of the floodpiain. Flood proofing measures included in the General Plan and NBMC would be sufficient to protect new structures from damage in the event of a 100 -year flood. Given that future development would undergo project -by- project review, be regulated by the Federal /State regulatory framework, and be subject to compliance with General Plan policies, impacts to future residential development from potential flooding would be less than significant. Mitigation Measures: No mitigation is required. 4.9(h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? Less Than Significant Impacts. Refer to Response 4.9(g). Mitigation Measures: No mitigation is required. 4.9(i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant Impact. There are several dams located in the City and environs that could affect future residential development within Newport Beach. Specifically, the City is located downstream of Prado Dam, Santiago Creek Reservoir, Villa Park Reservoir, San Joaquin Reservoir, Big Canyon Reservoir, and Harbor View Reservoir. The areas of the City that would be impacted to inundation include the areas near the Santa Ana River, San Diego Creek, Newport Bay, and Big Canyon Reservoir. As indicated in the GPEIR, the probability of dam failure is low.33 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development in accordance with the Housing Element Update would not increase the risk of dam failure and flooding; however, the number of people exposed to this hazard would increase due to the residential development permitted in the adopted Land Use Element, which would be consistent with the Housing Element Update. However, compliance with the NBMC and 32 Ibid., Pages 4.7 -38 and 39. 33Ibid., Page 4.7 -40. September 30, 2011 60 Initial Study /Negative Declaration SOS �dEWPORr City of Newport Beach Housing Element Update 'i Initial Study /Negative Declaration CyCp p P General Plan policies, which is intended to avoid the exposure of people or structures to risk due to failure of a dam, would reduce potential impacts to a less than significant level. Mitigation Measures: No mitigation is required. 4.9(/) Inundation by seiche, tsunami, ormudffow? Less Than Significant Impact. According to the GPEIR, potential risks from seiche and tsunami exist along the coastal area and in areas of the City near inland water bodies. Seiches may occur in large, enclosed bodies of water, such as the reservoirs in the City and, to an extent, Newport Harbor and Newport Bay, which could inundate adjacent and nearby areas surrounding the body of water. Coastal flood hazards, such as tsunamis and rogue waves, would inundate primarily the low -lying areas of the City's coastline. Potential risks from mudflow (i.e., mudslide, debris flow) are also prevalent, as steep slopes exist throughout the City. Prolonged rainfall during certain storm events would saturate and could eventually loosen soil, resulting in slope failure. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted in accordance with the proposed Housing Element Update would potentially increase the exposure of future residents to such low- probability but high -risk events as seiches, tsunamis, and mudflows by allowing residential development in certain areas of the City. However, the GPEIR concluded risks associated with inundation by seiche, tsunami and mudflow are considered to be less than significant following compliance with General Plan policies. Additional residential development was assumed to occur in the City, which was evaluated in the GPEIR. Therefore, because there are no proposed changes to the land use designations assigned to property within the City by the Land Use Element Update of the Newport Beach General Plan that would result in increased residential densities, no new or potentially significant risks associated with inundation by seiche, tsunami, and mudflow to the future residential development permitted under the Housing Element Update would be expected. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the requirements and development standards prescribed in the NBMC, General Plan policies and other long -range plans and programs in order to ensure that future residential development is not adversely impacted by seiches, tsunamis and /or other adverse coastal phenomenon. For example, implementation of General Plan Policies S 1.1 through S 1.5 would serve to minimize adverse effects of coastal hazards related to tsunamis and rogue waves. In addition, Policies S 2.1 through S 2.7 would minimize adverse effects of coastal hazards related to storm surges and seiches. Because future residential development would be subject to review on a project -by- project basis, and be subject to compliance with General Plan policies, potential impacts involving inundation by seiche, tsunami, or mudflow would be less than significant. Mitigation Measures: No mitigation is required 34 ]bid., Page 4.7 -41. September 30, 2011 61 Initial Study /Negative Declaration 304 City of Newport Beach Housing Element Update Iu x� Initial Study /Negative Declaration ��FU0.N 4.10 LAND USE AND PLANNING Impact Analysis 4.10(a) Physically divide an established community? Less Than Significant Impact. The City of Newport Beach is nearly built -out. Implementation of the proposed project would provide the policy framework for residential growth anticipated between 2008 and 2014. The proposed Housing Element Update encourages future residential development to occur within identified subareas of the General Plan in order to maintain and conserve the City's existing residential neighborhoods. The proposed project would guide housing and population growth within the City to include a variety of housing types for all social and economic segments (Goal 1­12). One of the guiding principles of the proposed Housing Element Update is to ensure the continued maintenance and conservation of existing residential neighborhoods (Policy H1.1 and Policy H4.2). Consistency with these and other relevant policies will ensure that future residential development proposed pursuant to the Housing Element Update will not conflict with established development and /or create a physical division within an established (residential) neighborhood or community. It is anticipated that future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment in areas designated for such development as reflected in the adopted Land Use Element of the Newport Beach General Plan. Therefore, future residential development pursuant to the Housing Element Update would not physically divide an established community. Development permitted by the Housing Element Update was considered and evaluated in the GPEIR analysis, since additional residential development was anticipated to occur as a result of buildout of the General Plan. Because the Housing Element Update does not propose to change existing land use designations that would result in increased densities, the analysis presented in the GPEIR adequately evaluates the potential effects of its implementation. Those potential impacts were determined to be less than significant. Mitigation Measures: No mitigation is required- 4. 1 0(b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact Development within the City of Newport Beach is required to comply with several regional and local land use plans, policies, and regulations. These include the 2003 Air Quality Management Plan, 1999 Amendment for Ozone, SCAG's Regional Comprehensive Plan and Guide, Santa September 30, 2011 62 Initial Study /Negative Declaration 305 ia�vg -'t 2 d $fi n �3 fii t�r7H{N�it.Jy{ S j I fifl�r11,4A1IL � k�j y�y �tlN[[I R3{ i. , 61111d � tpw�.�ai� Vtg'uYiQant i1 ` 1. {- 4i "{A Q , t a. Physically divide an established community? ■ b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or ■ zoning ordinance) adopted for the purpose of avoiding or miti afin an environmental effect? c. Conflict with any applicable habitat conservation plan or natural ■ community conservation plan? Impact Analysis 4.10(a) Physically divide an established community? Less Than Significant Impact. The City of Newport Beach is nearly built -out. Implementation of the proposed project would provide the policy framework for residential growth anticipated between 2008 and 2014. The proposed Housing Element Update encourages future residential development to occur within identified subareas of the General Plan in order to maintain and conserve the City's existing residential neighborhoods. The proposed project would guide housing and population growth within the City to include a variety of housing types for all social and economic segments (Goal 1­12). One of the guiding principles of the proposed Housing Element Update is to ensure the continued maintenance and conservation of existing residential neighborhoods (Policy H1.1 and Policy H4.2). Consistency with these and other relevant policies will ensure that future residential development proposed pursuant to the Housing Element Update will not conflict with established development and /or create a physical division within an established (residential) neighborhood or community. It is anticipated that future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment in areas designated for such development as reflected in the adopted Land Use Element of the Newport Beach General Plan. Therefore, future residential development pursuant to the Housing Element Update would not physically divide an established community. Development permitted by the Housing Element Update was considered and evaluated in the GPEIR analysis, since additional residential development was anticipated to occur as a result of buildout of the General Plan. Because the Housing Element Update does not propose to change existing land use designations that would result in increased densities, the analysis presented in the GPEIR adequately evaluates the potential effects of its implementation. Those potential impacts were determined to be less than significant. Mitigation Measures: No mitigation is required- 4. 1 0(b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact Development within the City of Newport Beach is required to comply with several regional and local land use plans, policies, and regulations. These include the 2003 Air Quality Management Plan, 1999 Amendment for Ozone, SCAG's Regional Comprehensive Plan and Guide, Santa September 30, 2011 62 Initial Study /Negative Declaration 305 ?EW �RT , City of Newport Beach Housing Element Update u�;<s Initial Study /Negative Declaration C96 0 YAP Ana River Basin Plan, City of Newport Beach Zoning Code, Newport Beach CLUP, specific plans adopted by the City, and the John Wayne Airport Environs Land Use Plan ( AELUP). The proposed Housing Element Update would neither change nor conflict with these adopted plans. Moreover, the proposed Housing Element Update would not supersede any other regulations or requirements adopted or imposed by the City, the State of California, or any federal agency that has jurisdiction by law over uses and development. There would be no impact in this regard. The Newport Beach General Plan is consistent with the 2003 Air Quality Management Plan and SCAG's Regional Comprehensive Plan and Guide, with the exception of mitigating traffic volumes on freeway ramps. The General Plan is also consistent with the Santa Ana Basin Plan, since all future development is required to comply with all applicable water quality requirements established by the Santa Ana and San Diego Regional Water Quality Control Boards (RWQCB) and State Water Resources Control Boards (SWRCB). The City completed a comprehensive update of its General Plan in 2006. As part of the comprehensive General Plan update, the existing 2000 -2005 Housing Element was reviewed for consistency and updated to reflect land use changes and new residential opportunities identified as part of the General Plan update. The proposed Housing Element (2008 - 2014 Planning Period) is an update and revision of the 2006 Housing Element, which consists of new technical data and updated policies and programs. The land use opportunity areas developed as part of the General Plan have remained the same. This Housing Element also addresses meeting the Regional Housing Needs Allocation (RHNA) for the planning period of January 1, 2008 through June 30, 2014, and is consistent with recent revisions to State Housing Element Law. As a result, the Housing Element Update reflects the vision, goals and principles for the City through the planning period of 2014 and beyond, in concert with the twenty year horizon of the 2006 General Plan. No significant impacts are anticipated as a result of implementing the proposed Housing Element Update. The City of Newport Beach Zoning Code (NBMC Title 20, Planning and Zoning) is the means by which the General Plan, including the Housing Element, is implemented. As a result of the General Plan Update in 2006, the City undertook a review of the Zoning Code, which resulted in modifications and changes to policies pertaining to land use, density /intensity, design and development, resource conservation, public safety, and other pertinent topics in an effort to ensure consistency between the General Plan and the Zoning Code. The Zoning Code Update was approved by the City of Newport Beach in 2010, and is the means by which the General Plan Land Use Element, including housing, is implemented. The Coastal Land Use Plan (CLUP) was prepared as required by the California Coastal Act of 1976. The CLUP sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone within the City of Newport Beach. The General Plan was prepared to comply and incorporate the CLUP. The AELUP for John Wayne Airport contains policies that govern the land uses surrounding the airport. These policies establish development criteria that protect sensitive receptors from airport noise, persons from risk of operations, and height guidelines to ensure aircraft safety. The AELUP establishes height restrictions for buildings surrounding John Wayne Airport and establishes a 65 dBA CNEL noise contour in which residential uses should be not be constructed. The Newport Beach General Plan was determined to be consistent with the AELUP. Because the Housing Element is consistent with the adopted General Plan, no significant impacts are anticipated to occur. Therefore, impacts associated with potential inconsistencies with all other applicable land use plans for the City would be less than significant.3 The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted under the proposed Housing Element Update was considered and adequately evaluated in the GPEIR analysis because additional residential development was anticipated to occur. The proposed Housing Element Update does not propose any changes to 35 Ibid., Page 4.8 -23. September 30, 2011 63 Initial Study /Negative Declaration Soo �[�EWepRT City of Newport Beach Housing Element Update ( 14° Initial Study /Negative Declaration u�oyz 4'pnM residential land use designations that would result in increased densities that were not included and analyzed in the GPEIR. As such, the potential impacts of future residential development permitted under the Housing Element Update conflicting with any applicable land use plan, policy, or regulation were anticipated in the GP /GPEIR, which concluded that no significant land use impacts, including conflicts with General Plan policies and programs, would occur. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified for the General Plan. As previously indicated, the proposed Housing Element Update includes only policy and program changes that are intended to facilitate meeting long -range local and regional housing goals; however, the proposed project would not result in any changes to the adopted Land Use Element that would result a potential conflict with any long -range plan and /or program that affects the development within the City of Newport Beach. Therefore, no significant impacts are anticipated. Mitigation Measures: No mitigation is required- 4. 1 0(c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. Refer to Response 4.4(f). Mitigation Measures: No mitigation is required. 4.11 MINERAL RESOURCES Impact Analysis 4.11(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. GPEIR Figure 4.5-4, Mineral Resource Areas, illustrates the City's mineral resource areas. As indicated by Figure 4.5 -4, the City does not have any land classified as MRZ -2; rather, it is classified by mineral resource zones MRZ -1 and MRZ -3. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted under the Housing Element Update could affect the availability of oil and gas produced in these areas. However, the GPEIR concluded General Plan implementation would not result in the loss of the availability of known mineral resources that would be of value to the region and the residents of the State, following compliance with General Plan policies and no impact would occur's Residential development permitted by the Housing Element Update was considered 36 Ibid., Page 4.5 -31. September 30, 2011 64 Initial Study /Negative Declaration S07 t s Ss a,' Lia t sa > Less tgan ai Nyavlde frrnE g Li'4n.A $ a� x$41" [i `Siga>ficam �YY y Mrth �' p 61ghrfieanf No 11 11 }14 S t � '° tmpap i RAda#tarr _ harpark , s a. ya i"taa 'Lr w Vi k rjM;p., , a. Result in the loss of availability of a known mineral resource that would be of value to the r ion and the residents of the stale? b. Result in the loss of availability of a locally4mportant mineral resource recovery site delineated on a local general plan, specific ■ an or other land use an? Impact Analysis 4.11(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. GPEIR Figure 4.5-4, Mineral Resource Areas, illustrates the City's mineral resource areas. As indicated by Figure 4.5 -4, the City does not have any land classified as MRZ -2; rather, it is classified by mineral resource zones MRZ -1 and MRZ -3. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Residential development permitted under the Housing Element Update could affect the availability of oil and gas produced in these areas. However, the GPEIR concluded General Plan implementation would not result in the loss of the availability of known mineral resources that would be of value to the region and the residents of the State, following compliance with General Plan policies and no impact would occur's Residential development permitted by the Housing Element Update was considered 36 Ibid., Page 4.5 -31. September 30, 2011 64 Initial Study /Negative Declaration S07 ��EWepkr City of Newport Beach Housing Element Update = Initial Study /Negative Declaration g4�pPR and evaluated in the GPEIR analysis. Because additional development was assumed and there are no proposed changes to zoning districts that would result in increased densities that were not previously evaluated in the GPEIR, the potential impacts of future residential development permitted under the Housing Element Update resulting in the loss of availability of a known mineral resource would result in no greater impacts than previously identified. To ensure that future discretionary residential development would not impact mineral resources, each project proposed pursuant to the Housing Element Update will be subject to environmental and/or development review on a project -by- project basis and will be evaluated based on requirements prescribed in the NBMC as well as General Plan policies and related long -range plans and programs adopted by the City of Newport Beach. Therefore, no potentially significant impact will occur as a result of the proposed project. Mitigation Measures: No mitigation is required. 4.11(b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Refer to Response 4.11(a). Mitigation Measures: No mitigation is required. 4.12 NOISE Impact Analysis 4.12(a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted under the proposed Housing Element Update would September 30, 2011 65 Initial Study /Negative Declaration Soo L §W3 a! D,�.� vlP.Nfr a h OppitNW4UM tie$`n{ 5 S e� lararparate+t� �r' of , s . a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, ■ or applicable standards of other agencies? L Exposure of persons to or generation of excessive groundbome ■ vibration of roundbome noise levels? c. A substantial permanent increase in ambient noise levels in the ■ project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the ■ project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public ■ airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to ■ excessive noise levels? Impact Analysis 4.12(a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted under the proposed Housing Element Update would September 30, 2011 65 Initial Study /Negative Declaration Soo n&ECity of Newport Beach Housing Element Update Initial Study /Negative Declaration gCIF involve construction activities and operations that would generate both short-term and long -term noise impacts. Short-term noise impacts could occur during grading and construction of future residential development. Construction activities have the potential to expose adjacent land uses to noise levels between 70 and 90 decibels at 50 feet from the noise source. Construction activities associated with future development are anticipated to temporarily exceed the City's noise standards. The degree of noise impact would be dependent upon the distance between the construction activity and the noise sensitive receptor. Long -term noise impacts would be associated with vehicular traffic to /from the site (including residents, visitors, patrons), outdoor activities, and stationary mechanical equipment on site. However, the GPEIR concluded the exposure of existing land uses to noise levels in excess of City standards as a result of the future growth under the General Plan is considered a significant impact. 7 Residential development permitted by the Housing Element Update was considered in the GPEIR analysis, since additional development was anticipated based on the potential for additional residential development to occur in accordance with the Land Use Element. Because there are no proposed changes to the residential land use designations that would result in increased densities, potential noise impacts from future development permitted by the Housing Element Update were adequately evaluated in the GP /GPEIR. Implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified in that document. As required by the City of Newport Beach, future discretionary residential development would undergo environmental and /or development review on a project -by- project basis based upon the requirements prescribed in the NBMC, General Plan, and other relevant long -range plans and programs adopted by the City in order to ensure that noise standards are not exceeded. Furthermore, future residential development would be required to comply with City, State, and Federal guidelines regarding vehicle noise, roadway construction, and noise abatement and insulation standards. This would ensure that noise levels in Newport Beach are maintained within acceptable standards that prevent extensive disturbance, annoyance, or disruption. Individual assessments of potential impacts from project - related noise sources may be required. If necessary, mitigation would be required to reduce potential impacts to a less than significant level. Additionally, the City's Zoning Code was revised to include standards and requirements intended to avoid or mitigate noise impacts. Specifically, the NBMC now includes provisions for the review of proposed projects to avoid or mitigate impacts, establishes thresholds of significance pursuant to the Noise Element, and promotes compatibility between land uses. As a result of these revisions, future residential development proposed pursuant to the Housing Element Update must comply with the standards within NBMC Chapters 10.26. Future development would also be subject to compliance with General Plan Policies N 1.1 to N 1.8 and N 2.1 to N 2.6, which would serve to reduce noise impacts to future land uses. Given that future development would undergo project -by- project review, be regulated by NBMC requirements, and be subject to compliance with General Plan policies, potential impacts involving the exposure of persons to or generation of noise levels in excess of standards would be less than significant. Mitigation Measures: No mitigation is required. 4.12(b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Construction activities associated with the future residential development permitted under the Housing Element Update could expose persons to or generate excessive groundborne vibration; refer also to GPEIR Table 4.9 -7. Additionally, the GPEIR concluded when construction vibration occurs, impacts would be significant .38 Residential development permitted by the proposed Housing Element Update was considered in the GPEIR analysis, since additional development was anticipated to occur based on the future buildout projections for the City. Because the proposed Housing Element Update does not propose 37 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.9 -22. 38 Ibid., Page 4.9 -29. September 30, 2011 66 Initial Study /Negative Declaration S ) Ewv°Rr City of Newport Beach Housing Element Update Initial Study /Negative Declaration �<IF00.N\ changes to residential land use designations that would result in increased densities, potential vibration impacts from future residential development permitted under the Housing Element Update were adequately evaluated in the GPEIR. Therefore, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Given that future development would undergo project -by- project review and be regulated by NBMC, impacts involving the exposure of persons to or generation of excessive vibration would be less than significant. Mitigation Measures: No mitigation is required. 4.12(c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Refer to Response 4.12(a). Mitigation Measures: No mitigation is required. 4.12(d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Refer to Response 4.12(a). Mitigation Measures: No mitigation is required. 4.12(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Impact. GPEIR Figure 4.9 -6, Future Noise Contours — Northern Planning Area, indicates that the 60 and 65 dBA CNEL noise contour for JWA extends into Newport Beach. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future sensitive receptors (i.e., residents) of future residential development permitted under the Housing Element Update occurring within the 65 dBA CNEL noise contour could be exposed to noise levels in excess of allowable standards. Although the GPEIR concluded potential noise impacts to exterior noise levels at new residential land uses in the vicinity of the airport would be significant, compliance with General Plan policies would ensure that impacts on interior noise levels would be less than significant.39 Residential development permitted by the Housing Element Update was considered and evaluated in the GPEIR analysis because additional development was anticipated to occur in the City based on the buildout of the Land Use Element. Because the Housing Element does not propose changes to the residential land use designations that would result in increased densities, potential airport- related noise impacts to future residential development permitted under the Housing Element Update would result in no greater impacts than previously identified. As previously indicated, consistency with General Plan policies and programs as well as compliance with the Newport Beach Noise Ordinance will ensure that potential noise impacts to future residential development would be less than significant. In addition, future discretionary residential development proposed pursuant to the Housing Element Update would also be subject to environmental and /or development review on a project -by- project basis. As indicated above, such projects would be subject to the policies adopted in the Noise Element of the General Plan as well as measures prescribed as a result of subsequent environmental analysis and other relevant long -range plans and programs in order to ensure that airport- related noise impacts are avoided or reduced to a less than significant level. All land uses surrounding JWA would be subject to the land use standards 39 Ibid., Page 4.9 -35. September 30, 2011 67 Initial Study /Negative Declaration 3_-�L0 F�EWpO^T City of Newport Beach Housing Element Update Initial Study /Negative Declaration established in the NBMC and the AELUP addressing airport- related noise. Additionally, the California Airport Land Use Planning Handbook would be utilized in the preparation of environmental documents for all new residential development located within the AELUP boundaries. Future development would also be subject to compliance with General Plan Policy N 3.2, which requires that any residential or sensitive noise uses be located outside the 60 dBA or 65 dBA CNEL airport noise contour and General Plan Policy N 1. 1, which requires residential development to maintain an interior noise level of 40 dBA Leq or 45 dBA Leq, respectively, during the day time (7:00 a.m. to 10:00 p.m.) and night time (10:00 p.m. to 7:00 a.m.) reflected in Table N3 in the Noise Element. Compliance with Policies N 1.1, N 3.1 and N 3.2 would serve to ensure that new development is compatible with the noise environment by using the airport noise contour maps as guides to future planning and development decisions. Given that future development would undergo project -by- project review, and be subject to compliance with the established regulations and General Plan policies, potential project - related impacts involving aviation -noise would be less than significant. Mitigation Measures: No mitigation is required. 4.120 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no private airstrips within the City of Newport Beach. Therefore, no impacts would occur. Mitigation Measures: No mitigation is required. 4.13 POPULATION AND HOUSING Impact Analysis 4.13(a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The City's existing population, as of January 2010 is 86,738 persons 40 A project could induce population growth in an area, either directly (for example, by proposing new homes) or indirectly (for example, through extension of roads or other infrastructure). Although, the Housing Element Update does not infer direct development rights, future development permitted by the Housing Element 'm State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark, Sacramento, California, May 2010. September 30, 2011 68 Initial Study /Negative Declaration 372 93.1 65 s. pvry.+ �e$£ liatl t 3 n, ^ . t u a8 +tlIfy4 -gwAnt V�IQeIFl1)� ti {3yj 3k is 1 Ctv F II J'tar 00Pt (�, -£ JtJrg Y ,µ 1 F �y '" jq rill corporarl' R a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly ■ for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating ■ the constriction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the ■ construction of replacement housing elsewhere? Impact Analysis 4.13(a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The City's existing population, as of January 2010 is 86,738 persons 40 A project could induce population growth in an area, either directly (for example, by proposing new homes) or indirectly (for example, through extension of roads or other infrastructure). Although, the Housing Element Update does not infer direct development rights, future development permitted by the Housing Element 'm State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark, Sacramento, California, May 2010. September 30, 2011 68 Initial Study /Negative Declaration 372 �aEWPOkr City of Newport Beach Housing Element Update Initial Study /Negative Declaration 11IFOM1N Update in accordance with the adopted land use element designations could induce population growth in the City through the anticipated construction of housing. Additionally, the GPEIR concluded General Plan buildout would increase the number of dwelling units by 14,215 units (35 percent) over 2002 conditions, for a total of 54,394 units."' As a result, the City's population could increase by 31,131 persons (43 percent), for a total population of 103,753 persons at General Plan buildout. Additionally, because the General Plan implementation would substantially increase population growth within the City (approximately 37 percent over existing conditions and approximately 10 percent higher than existing SCAG projections), the GPEIR concluded impacts on population growth would be considered significant. Development permitted by the Housing Element Update was considered and evaluated in the GPEIR analysis. Because additional residential development was anticipated to occur based on General Plan buildout and, furthermore, because the Housing Element Update does not propose any changes to residential land use designations that would result in increased densities, the proposed project would result in no greater impacts than previously identified in the GPEIR. Therefore, Project implementation would not induce substantial population growth in the City. As previously indicated, future residential development permitted in accordance with the Housing Element Update would generally consist of infill and redevelopment served by existing roads and infrastructure. Project implementation would not require extension of public infrastructure (i.e., any major transportation facility or public utility), or provision of new public services. The roads providing access within the City of Newport Beach are fully improved. Public utilities would be extended to the future development from existing facilities. Public services, including police and fire protection, schools, public libraries, etc., are provided throughout the City and the establishment of new sources of service would not be required. Therefore, project implementation would not induce indirect population growth in the City through extension of roads or other infrastructure, or provision of new services. Mitigation Measures: No mitigation is required. 4.13(b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The City's existing housing stock, as of January 2010 is 43,515 units.42 Given that the City is primarily a built -out area, and it is anticipated that future development permitted by the Housing Element Update would generally consist of infill and redevelopment at site designed for residential throughout the City of Newport Beach, the proposed project would not result in the displacement of substantial numbers of existing homes or residents as determined in the analysis of population and housing in the GPEIR .43 Because residential development permitted by the Housing Element Update was considered in the GPEIR analysis and, furthermore, because the proposed project does not include any changes to residential land use designations that would result in increased densities, potential impacts involving the displacement of homes or residents from future development permitted by the Housing Element Update would be no greater than the impacts previously identified in the GPEIR. The proposed Housing Element Update would allow reuse of existing structures and construction of new ones. Goal H1 calls for the preservation, conservation, and appropriate redevelopment of housing stock. Although no specific projects are proposed under the Housing Element Update, future growth permitted under the project could result in the displacement of existing housing or residents, and necessitate the construction of replacement housing in the City. However, as required by law, proper relocation measures would be taken to assist any displaced residents if such actions were to occur. Furthermore, the proposed project is intended to provide affordable housing options throughout the City in order to accommodate the 41 Ibid., Page 4.10 -6. 42 State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark. Sacramento, California, May 2010. 43 EIP Associates, City of Newport Beach General Plan 2006 Update Draft EIR, Page 4.10 -6. September 30, 2011 69 Initial Study /Negative Declaration S72 �Zi*P1- r City of Newport Beach �� q ntf \ y� Housing Element Update '` '= Initial Study /Negative Declaration expected population growth, and would not decrease housing availability. Goal 4 of the Housing Element Update incorporates assistance in housing for very low- , low- and moderate - income households, while Goal 5 encourages affordable housing assistance for the City's special needs population. The Housing Element Update is intended to provide a sound policy framework that would address the housing requirements of RHNA and provide increased assistance in the development of affordable housing. Therefore, Project implementation would not displace a substantial number of housing or persons and no significant impacts would occur. Mitigation Measures: No mitigation is required. 4.13(c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. Refer to Response 4.13(b). Mitigation Measures: No mitigation is required. 4.14 PUBLIC SERVICES Mstt it t'F1141R � °�- � 4N 4RI�4i � k � ��an{ !r $ �g^ '� l�y^,.'�',Ij�('!`}"' } t 2� y {{'.{f�,•r�e } III a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1) Fire protection? ■ 2) Police protection? ■ 3) Schools? ■ 4) Parks? ■ 5) Other public facilities? ■ Impact Analysis 4.14(a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 4.14(a)(1) Fire protection? Less Than Significant Impact. Fire protection services are provided by the Newport Beach Fire Department (NBFD). The NBFD's service goals are based on acceptable service levels, such as five - minute response times for fire engines at a fire or medical aid event and eight- minute response times for first - arriving fire engine for a paramedic unit. The NBFD is currently operating at an acceptable level. September 30, 2011 70 Initial Study /Negative Declaration 3�3 �vgVpRT � a City of Newport Beach Housing Element Update Initial Study /Negative Declaration The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update would increase the demand for fire protection services in the City, and may require improvements to existing facilities or increases in staffing and equipment. The environmental impacts associated with the provision of new or physically altered fire protection facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Additionally, the GPEIR concluded that compliance with applicable General Plan policies would ensure potential impacts involving fire protection services would remain less than significant.44 Residential development permitted by the Housing Element Update was considered and adequately evaluated in the GPEIR analysis. Because additional residential development was anticipated based on buildout of the General Plan and because the proposed project does not include changes to any of the residential land use designations that would result in increased densities. As such, potential impacts to fire protection services from future development permitted by the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary residential development would be subject to environmental and/or development review on a project -by- project basis and must comply with requirements established within the Newport Beach Zoning Code and relevant plans and policies in order to ensure potential impacts to fire protection services are minimized. Additionally, future development permitted by the Housing Element Update must also comply with applicable Federal, State, and local regulations governing the provision of fire protection services (i.e., fire access, fire flows, hydrants). The City adopted the International Fire Code (2006 Edition) and the California Fire Code (2007 Edition). These include construction standards for new structures and remodels that address road widths and configurations, and requirements for minimum fire flow rates. Future residential development must be consistent with General Plan Policy LU 3.2, which requires that adequate infrastructure be provided as new development occurs. Fire staffing and facilities would be expanded commensurately to serve the needs of new development to maintain the current response time. Policy S 6.8 ensures that building and fire codes will be continually updated to provide for fire safety design. Because future residential development would undergo project -by- project review and be subject to the established Fire Code regulations and General Plan policies, impacts involving fire protection services would be less than significant. Mitigation Measures: No mitigation is required. 4.14(a)(2) Police protection? Less Than Significant Impact. The Newport Beach Police Department (NBPD), Costa Mesa Police Department (CMPD), and the Orange County Sheriff Department (OCSD) provide police protection services to the City of Newport Beach. Currently, the City does not have staffing standards. The NBPD provides a ratio of approximately 1.7 officers per 1,000 residents. This ratio allows the NBPD to meet the needs of permanent and transient population, which can increase to 200,000 people in one day. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update could increase the demand for police protection services in the City, and may require improvements to existing facilities or increases in staffing and equipment. The environmental impacts associated with the provision of new or physically altered police protection facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. However, the GPEIR concluded maintaining the current service ratio and compliance with applicable General Plan policies would ensure 4 Ibid., Page 4.11 -10. September 30, 2011 71 Initial Study /Negative Declaration 37-f �EWPpRT City of Newport Beach Housing Element Update u ,z Initial Study /Negative Declaration C4O�N P impacts involving police protection services remain less than significant.' Residential development permitted by the Housing Element Update was considered and evaluated in the GPEIR. Because additional residential development was anticipated to occur as a result of General Plan buildout and because the proposed project does not include changes to residential land use designations that would result in increased densities, potential impacts to police protection services from future residential development permitted under the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. In addition, future discretionary residential development would be required to undergo subsequent environmental and/or development review on a project -by- project basis. As such, future projects would also be required to comply with development standards and requirements prescribed in the Zoning Ordinance, General Plan and relevant long -range plans and programs in order to ensure potential impacts to police protection services are minimized. Future development must be consistent with General Plan policies that would ensure adequate law enforcement is provided, as the City experiences future development. For example, compliance with Policy LU 2.8 would ensure that only land uses that can be adequately supported by the City's Public Services would be accommodated, and that adequate service ratios are maintained. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts involving police protection services would be less than significant. Mitigation Measures: No mitigation is required. 4.14(a)(3) Schools? Less Than Significant Impact. The Newport-Mesa Unified School District provides educational services to the City of Newport Beach as well as the City of Costa Mesa and other unincorporated areas of Orange County. The Airport Area is served by the Santa Ana Unified School District. Although implementation of the proposed Housing Element Update would not result in any specific development projects, future development that would be guided by the proposed project would increase the number of residents in the City, which could subsequently increase demands upon existing schools. Compliance with the General Plan policies identified under XIII(a) would be required for any new development proposed under the Housing Element. Additional policies such as LU 2.1, 6.12, and 6.1.4 would also encourage development of adequate schools to meet the needs of future residents. In general, payment of school impact fee requirement serves to mitigate project impacts upon schools. Future discretionary residential development would undergo environmental and /or development review on a project -by- project basis based upon the development standards prescribed in NBMC, General Plan policies and /or relevant long -term plans and programs in order to ensure potential impacts to school facilities are minimized. General Plan Policy LU 6.1.1 requires that adequate school facilities within Newport Beach be provided such that the residents' needs would be served, and Policy LU 6.1.2 allows for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. Therefore, because implementation of the Housing Element Update would not result in a direct increase in demand for school services, and because existing policies are in place to require payment of school impact fees by new development projects, this impact is considered less than significant. Mitigation Measures: No mitigation is required. 4.14(a)(4) Parks? Less Than Significant Impact. There are approximately 286 acres of parkland and approximately 90 acres of active recreational beach area within the City. Pursuant to NBMC Section 19.52.040, Parkland Standard, the City's park dedication standard for new residential subdivisions is 5.0 acres of parkland per 45 Ibid., Page 4.11 -16. September 30, 2011 72 Initial Study /Negative Declaration 315 City of Newport Beach Housing Element Update Initial Study /Negative Declaration C _ p 9C/FD0.� 1,000 residents. According to the GPEIR, a deficit of approximately 38.8 acres of combined park and beach acreage citywide, with seven of the 12 service areas experiencing a deficit in this combined recreation acreage. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted under the Housing Element Update in accordance with the densities prescribed in the City's Land Use Element of the General Plan would result in incremental increases in population, which would increase the demands for parkland and recreational facilities, and usage of existing facilities, such that deterioration of these facilities could be accelerated. Additionally, future housing development may require new parks or recreational facilities, and /or improvements to existing facilities. The environmental impacts associated with the provision of new or physically altered parks and recreational facilities would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. The GPEIR concluded the construction and enhancement of park and recreational facilities, and compliance with General Plan policies would ensure that increased demand and use resulting from an increased population would not significantly accelerate the deterioration of existing recreational facilities. This impact would be less than significant "s Development permitted in accordance with the Housing Element Update was considered in the GPEIR analysis, based on the densities and residential development potential at buildout of the General Plan. Because additional development was assumed and there are no proposed changes to residential land use designations that would result in increased residential densities, potential impacts to parks and recreational facilities from future development permitted by the Housing Element Update were anticipated in the GP /GPEIR. Implementation of the proposed Housing Element Update would, therefore, be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the permit requirements established within the NBMC in order to ensure potential impacts to parks and recreational facilities are minimized. Additionally, future residential development would be subject to compliance with NBMC Chapter 19.52, Park Dedications and Fees, which is intended to provide for the dedication of land, the payment of fees in lieu thereof or a combination of both, for park or recreational purposes in conjunction with the approval of residential development. These provisions are in accordance with Section 66477 of the Subdivision Map Act (known as the Quimby Act). Future development would also be subject to compliance with General Plan Policy R 1.1, which requires future development to dedicate land or pay in -lieu fees at a minimum of 5.0 acres of parkland per 1,000 residents (per NBMC Section 19.52.040). In addition, developers of new high- density residential developments on parcels eight acres or larger are required to provide on -site recreational amenities, as required under Policy R 1.3. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts to parks and recreational facilities would be less than significant. Mitigation Measures: No mitigation is required. 4.14(a)(5) Other public facilities? Less Than Significant Impact. The City of Newport Beach is serviced by four libraries: the Central Library, Mariner's Library, Balboa Branch Library, and Corona Del Mar Branch Library. The Newport Beach Public Library (NBPL) assesses their needs on a ratio of books per measure of population. The standard guidelines used for evaluating the acceptable level of service, which are set by the California State Library Office of Library Construction, the Public Library Association, and the American Library Association, are 0.5 sq. ft. of library facility space and 2.0 volumes per capita. 48 Ibid., Page 4.12 -15. September 30, 2011 73 Initial Study /Negative Declaration 37C ?v�PORr City of Newport Beach Housing Element Update Initial Study /Negative Declaration a P CgCIFQ RN` The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future development permitted by the Housing Element in accordance with the adopted residential land use designations would increase the demands for library facilities and resources caused by potential increases in population associated with the residential development. However, the GPEIR concluded compliance with General Plan policies would be less than significant.47 Development that would occur pursuant to the Housing Element Update was considered in the GPEIR analysis and there are not proposed changes to the land use designations that would result in increased densities/intensities that were not included in the GP. As such, potential impacts to library facilities from future development permitted by the proposed project would be consistent with the analysis presented in the GPEIR. As a result, the implementation of the Housing Element Update as currently proposed would result in no greater impacts than previously identified. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts to library facilities. Mitigation Measures: No mitigation is required. 4.15 RECREATION Impact Analysis 4.15(a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. Refer to Response 4.14(a)(4). Mitigation Measures: No mitigation is required. 4.15(b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Less Than Significant Impact. Refer to Response 4.14(a)(4). Mitigation Measures: No mitigation is required. 47 Ibid., Page 4.11 -29. September 30, 2011 74 Initial Study /Negative Declaration 377 lN�ri r 2I nie Ciwnt of a: -. ( R 9 { 9rteorporated i.� h Y 4 !I �: :a ` .leec+° D 4 11 f. I.+rvU4tt`A1i45 t 4 14x51 E, y rl.r F qi §•.^e.,eetl .I.7 a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial ■ physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might ■ have an adverse physical effect on the environment? Impact Analysis 4.15(a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact. Refer to Response 4.14(a)(4). Mitigation Measures: No mitigation is required. 4.15(b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Less Than Significant Impact. Refer to Response 4.14(a)(4). Mitigation Measures: No mitigation is required. 47 Ibid., Page 4.11 -29. September 30, 2011 74 Initial Study /Negative Declaration 377 ¢aR City of Newport Beach Housing Element Update " Initial Study /Negative Declaration 4.16 TRANSPORTATION/TRAFFIC f ftYrY [� %dt k4b^J3 t ( x I r d 44$n,ga/Ft, R(S �d2 i� �lWlY xltlU9 31 a 3 a t o 1 t £r t �I Y I vR!'r 3 � i I I ?(li ? L $ t � � , p } Im } i< 11, lilii�84'�! � S � i a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation inducting mass transit and non motorized travel and relevant components of ■ the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit ?? b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county ■ congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in ■ substantial safetv risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., ■ farm equipment)? e. Result in inadequate emergency access? ■ f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the ■ performance or safety of such facilities? Impact Analysis 4.16(a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to Intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant Impact. Currently, 17 roadway segments within the City operate at a level of service (LOS) that exceeds the City's Standard of LOS D. Five intersections citywide function at a deficient LOS. Future residential development permitted under the Housing Element in accordance with the adopted Land Use Element would increase vehicular movement in the vicinity of each future development site during AM and PM peak hour periods. Given that the City is primarily a built -out area, it is anticipated that future development permitted by the General Plan Update would generally consist of infill and redevelopment. As a result, the transportation infrastructure is largely already available to these areas. Impacts would result from the incremental traffic generation of redevelopment activities and new uses on vacant parcels. Depending on the specific site locations, intensity of development, and trip distribution characteristics, future increases in traffic volumes could aggravate existing deficiencies and /or cause an intersection to operate at an unacceptable LOS. However, the GPEIR concluded General Plan buildout, including that associated with potential residential development, would not cause any intersection to fail to meet the City's LOS D standard. Therefore, this impact would be less than signifrcant.4e Because future development permitted 48 Ibid., Page 4.13 -32. September 30, 2011 75 Initial Study /Negative Declaration 37L8 o�aEwr° City of Newport Beach Housing Element Update Initial Study /Negative Declaration Cyi by the Housing Element Update was considered in the GPEIR analysis, potential impacts to intersection LOS from future development permitted under the Housing Element Update were also anticipated in the GP /GPEIR. As a result, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary development would undergo environmental and /or development review on a project - by- project basis based upon the permit requirements established within the Housing Element Update in order to ensure potential impacts to intersection LOS are minimized. Due to the conceptual nature of the future development, proposals would require individual assessments of potential impacts to traffic and transportation. If necessary, mitigation would be recommended to avoid or lessen potential impacts at the site specific level. Future development would also be subject to compliance with NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, which establishes a fee, based upon the unfunded cost to implement the Master Plan of Streets and Highways, to be paid in conjunction with the issuance of a building permit. Compliance with NBMIC Chapter 15.40, Traffic Phasing Ordinance, would ensure that the effects of new development projects are mitigated by developers as they occur. Future residential development would also be subject to compliance with General Plan Policies identified in GPEIR Section 4.13, Transportation/Traffic. Given that future residential development would undergo project -by- project review, and would also be subject to compliance with NBMC standards and General Plan policies, impacts to intersection LOS would be less than significant as a result of the proposed Housing Element Update. Refer to Response 4.16(f) for discussions regarding potential impacts to transit, bicycle, and pedestrian facilities. Mitigation Measures: No mitigation is required. 4.16(b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. The purpose of the Orange County Congestion Management Program (CMP) is to develop a coordinated approach to managing and decreasing traffic congestion by linking the various transportation, land use and air quality planning programs throughout the County. The CMP program requires review of substantial individual projects, which might on their own impact the CMP transportation system. According to the CMP (Orange County Transportation Authority, 2001), those proposed projects, which meet the following criteria, shall be evaluated: • Development projects that generate more than 2,400 daily trips (the threshold is 1,600 or more trips per day for development projects that will directly access a CMP Highway System link). • Project with a potential to create an impact of more than three percent of level of service E capacity. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update would occur in accordance with the densities permitted in the adopted Land Use Element. That development would result in increased vehicular movement in the vicinity of each future development site and potentially on roadway facilities subject to CMP. However, as discussed in Response 4.16(a) above, future residential development permitted under the Housing Element Update was considered in the GPEIR analysis based on the residential densities permitted by the (adopted) Land Use Element. Therefore, because additional residential development was anticipated to occur and evaluated in the GPEIR, potential impacts to intersection LOS from future development permitted by the Housing Element Update were adequately evaluated in the GP /GPEIR. September 30, 2011 76 Initial Study /Negative Declaration 3�q �dEW�Rr City of Newport Beach Housing Element Update = Initial Study /Negative Declaration CVO 00.��P Given that future residential development would undergo project -by- project review, and be subject to compliance with NBMC standards and General Plan policies, impacts to CMP designated roads or highways caused by future residential development pursuant to the Housing Element Update would be less than significant. Mitigation Measures: No mitigation is required. 4.16(c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The City is primarily a built -out area, and it is anticipated that future development permitted by the Housing Element in accordance with the adopted Land Use Element residential densities would generally consist of infill and redevelopment at sites designated for both residential and mixed uses (which allow also allow residential development). Where such potential residential and /or mixed use development is proposed within the limits of the JWA AELUP, it will comply with all relevant requirements, including those related to noise, building height, and related parameters established by the AELUP, Newport Beach General Plan, and NBCC. Therefore, future development permitted by the Housing Element Update would not result in a change in air traffic patterns that results in substantial safety risks. Mitigation Measures: No mitigation is required. 4.16(d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. As indicated in the analysis conducted for the Newport Beach General Plan Update in the GPEIR, the circulation improvements identified in Table 4.13 -10 of the GPEIR would be implemented as part of the long -range circulation improvement plans for the City. None of those improvements would introduce new safety hazards at intersections or along roadway segments, as most would increase capacity and flow. In addition, Policies within the Circulation and Land Use Elements (CE 1.3.2, 2.2.1, 2.2.5) provide for maintaining and enhancing existing roadways, increasing safety of roadways, and balancing safety, quality of life and efficiency in the design of circulation and access. These policies of the adopted Circulation Element of the Newport Beach General Plan Update would help reduce hazards due to design features. Currently, there are no site - specific development plans for development in accordance with the Housing Element Update. Therefore, future residential development proposals would be reviewed on a case -by- case basis. At the time of review, any hazardous designs shall be modified. Additionally, future residential development pursuant to the Housing Element Update would be required to comply with the General Plan policies, which would minimize potential impacts involving hazards due to a design feature. Mitigation Measures: No mitigation is required. 4.16(e) Result in inadequate emergency access? Less Than Significant Impact. As indicated in the analysis conducted for the Newport Beach General Plan Update in the GPEIR, the project would be required to comply with applicable Municipal Code and Fire Code requirements regarding emergency access. Also, as discussed in Section 4.6 Hazards (Impact 4.6 -8), the adopted General Plan Safety Element also contains Policies S9.1, S9.2, and S9.4, which are intended to ensure that the City's Emergency Management Plan is regularly updated, provides for efficient and orderly citywide evacuation, and also ensures that emergency services personnel are familiar with the relevant response plans applicable to the City. Further, Policy S9.5 of the Safety Plan calls for the distribution of information about emergency planning to community groups, schools, religious institutions, business associations, and residents. Consequently, the project would provide adequate emergency access to the project area. All future residential development permitted under the Housing Element Update September 30, 2011 77 Initial Study /Negative Declaration 380 �dEWPORT City of Newport Beach f' > Housing Element Update S Initial Study /Negative Declaration �G oaHJ would be required to meet all applicable local and State regulatory standards for adequate emergency access; refer also to Response 4.8(g). Therefore, any potential impacts would be less than significant. Mitigation Measures: No mitigation is required. 4.16(0 Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or Pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less Than Significant Impact. Currently transit lines exist throughout the City. As illustrated in GPEIR Figure 4.13 -7, Newport Beach Existing Bicycle Facilities, bikeways, bike paths, and bike trails exist throughout the City. Additionally, there are currently sidewalks along all roadways in the City. There are also marked crosswalks or other pedestrian treatments at all intersections. Given that the City is primarily a built -out area, and future residential development permitted under the Housing Element Update would generally consist of infill and redevelopment, it is not anticipated that any incremental growth in transit trips produced by the future development would generate a demand beyond the capacity already provided. Additionally, it is not anticipated that future development would impact the effectiveness of the City's bicycle and pedestrian facilities. Future residential development would be subject to compliance with the General Plan policies pertaining to transit, bicycle, and pedestrian facilities outlined in GPEIR Section 4.13, Transportation/i"raffrc. In particular, compliance with General Plan Policies CE5.1.1 to CE5.1.16 and CE6.2.1 to CE62.3 would encourage alternative modes of transportation on the local and regional scale including pedestrian, bicycle, and transit. Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts to transit, bicycle, and pedestrian facilities would be less than significant. Mitigation Measures: No mitigation is required. 4.17 UTILITIES AND SERVICE SYSTEMS X i ra p �, s a,i tau t t ei, 2 is >aasszE ,(itE�x �f it Pt PbtPfitE,Altyi, S�f1�1Flt,� 7hah ; nd 1: � 6' I 1 + s a t , ,tRSa s proms p �in' /fi �tRP with �y'py �, an--, i"t r i o� .�nIjTBCt t4tti S3Z 4 $�.t 2 ! Ktt I R ' ora �!t�tf ♦' eat..' t i.M1.. Y}.AaA a .r..n v..f a. Exceed wastewater treatment requirements of the applicable ■ Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the ■ construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of ■ which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded ■ entitlements needed? e. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate ■ capacity to serve the project's projected demand in addition to the rovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to ■ accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations ■ related to solid waste? September 30, 2011 78 Initial Study /Negative Declaration 381 ��EWRT City of Newport Beach Housing Element Update u .fir Initial Study /Negative Declaration 9[%00.H Impact Analysis 4.17(a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The City requires NPDES permits, as administered by the Santa Ana RWQCB, according to federal regulations for both point source discharges (a municipal or industrial discharge at a specific location or pipe) and nonpoint source discharges (diffuse runoff of water from adjacent land uses) to surface waters of the United States. For point source discharges, such as sewer outfalls, each NPDES permit contains limits on allowable concentrations and mass emissions of pollutants contained in the discharge. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element in accordance with the land use designations reflected in the Land Use Element of the City's General Plan would not exceed wastewater treatment requirements. The GPEIR concluded General Plan implementation would result in no impact, because future development would be required to adhere to existing regulations and General Plan policies.49 Development permitted by the Housing Element Update based on the Land Use Element was considered in the GPEIR analysis, which assumed that additional residential development would occur; no proposed changes to residential land use designations and /or residential densities that would result in increased densities /intensities would occur as a result of the Housing Element Update. Therefore, potential impacts involving demands for wastewater treatment requirements from future residential development permitted under the Housing Element were also anticipated and adequately addressed in the GP /GPEIR. As a result, implementation of the proposed Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Nonetheless, future discretionary residential development would be required to undergo environmental and /or development review on a project-by- project basis based upon the permit requirements prescribed in the zoning district development regulations, General Plan policies, etc., in order to ensure future development would not exceed wastewater treatment requirements. Future development would continue to comply with all provisions of the NPDES program, as enforced by the RWQCB. Additionally, the NPDES Phase I and Phase II requirements would regulate discharge from construction sites. All future projects would be required to comply with the wastewater discharge requirements issued by the SWRCB and Santa Ana RWQCB. Therefore, the future residential development permitted under the Housing Element Update would not result in an exceedance of wastewater treatment requirements of the RWQCB with respect to discharges to the sewer system or stormwater system within the City. Mitigation Measures: No mitigation is required. 4.17(b) Require or result In the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. Water Conveyance and Treatment The City's water service is provided by the City, Irvine Ranch Water District (IRWD), and Mesa Consolidated Water District (Mesa). GPEIR Figure 4.14 -1, Water Infrastructure and Service Areas, 49Ibid., Page 4.14 -30. September 30, 2011 79 Initial Study /Negative Declaration 382 ��EV°PO9r City of Newport Beach ° 6 ?m Housing Element Update Initial Study /Negative Declaration �<iroaNP illustrates the City's water infrastructure and service boundaries of each provider. Moreover, the City's existing water system is described in GPEIR Section 4.14.1, Water Systems. The City's imported surface water supply is primarily treated at the Metropolitan Water District (MWD) Diemer Filtration Plant, with a treatment capacity of approximately 520 MGD, operating at 72 percent capacity during the summer. According to the GPEIR, MWD can meet 100 percent of the City's imported water needs until the year 2030. In addition, Irvine Ranch Water District (IRWD) also receives potable water from MWD's Weymouth Filtration Plant, which operates at approximately 65 percent capacity during the summer. Currently, the City's groundwater supply is treated at the City's Utility Yard, which can accommodate up to 1.5 MG in each chamber reservoir. While it is anticipated that future residential development permitted under the Housing Element Update would increase water consumption, placing greater demands on water conveyance and treatment facilities, the GPEIR concluded adequate water infrastructure would be provided for all General Plan (i.e., buildout) development and. furthermore, impacts involving water conveyance and treatment facilities would be less than significant, following compliance with General Plan policies.50 As previously indicated, residential development occurring pursuant to the Housing Element Update and in accordance with the Land Use Element of the Newport Beach General Plan was previously considered and adequately evaluated in the GPEIR analysis for the General Plan Update in 2006, which anticipated that additional residential development would occur through General Plan buildout. Because the Housing Element Update does not propose changes to the adopted land use designations and /or residential densities that would result in increased densities /intensities that were not previously evaluated in the GP /GPEIR, the potential impacts to water conveyance and treatment facilities from future development permitted by the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Future discretionary residential development would also be required to undergo environmental and /or development review on a project -by- project basis based upon the development standards and related requirements prescribed Newport Beach General Plan and zoning ordinance in order to ensure that adequate water conveyance and treatment infrastructure is provided. The environmental impacts associated with the construction of new water conveyance and treatment facilities or expansion of existing facilities (if required) would be dependent upon the location and nature of the future residential development, which would undergo separate environmental review pursuant to CEQA Guidelines. Future development would also be subject to compliance with General Plan policies that would implement water conservation measures, thereby reducing the volume of water requiring conveyance and treatment. Policy LU 2.8 directs the City to accommodate land uses that can be adequately supported by infrastructure, including water conveyance and treatment facilities. Given that future development would undergo project - by- project review, and be subject to compliance with General Plan policies, impacts to water conveyance and treatment facilities would be less than significant. Wastewater Conveyance and Treatment Wastewater service within the City is provided by the City, IRWD, and Costa Mesa Sanitation District (CMSD). GPEIR Figure 4.14 -2, Wastewater Infrastructure and Service Areas, illustrates the City's wastewater infrastructure and service boundaries of each provider. Moreover, the City's existing wastewater system is described in GPEIR Section 4.14.2, Wastewater Systems. Wastewater from the City's system and CMSD is treated by the Orange County Sanitation District (OCSD) at their two treatment plants. OCSD Treatment Plant No. 1 currently maintains a design capacity of 174 mgd and is operating at 52 percent design capacity. Treatment Plant No. 2 maintains a design capacity of 276 mgd and is currently operating at 55 percent of design capacity. Wastewater flows from the IRWD wastewater system are treated at the OCSD Reclamation Plant No. 1, Treatment Plant No. 2, or at the 50 Ibid., Page 4.14-17. September 30, 2011 80 Initial Study /Negative Declaration SOS dEWPORr City of Newport Beach °�e r Housing Element Update u Initial Study /Negative Declaration Cy� 0.NP Michelson Water Reclamation Plant (MWRP). Therefore, each of the treatment plants serving the City is operating below their design capacity. Future residential development permitted under the Housing Element Update in accordance with the City's Land Use Element would be expected to generate increased wastewater flows, which would place greater demands on wastewater conveyance and treatment. However, the GPEIR concluded that compliance with General Plan policies would ensure adequate wastewater facilities are available to City residents, and impacts to wastewater conveyance and treatment facilities would be less than significant.51 Because future residential development permitted under the Housing Element Update was contemplated, such potential future development was considered and evaluated in the GPEIR analysis. Because additional development was anticipated to occur in the future and, furthermore, because there are no proposed changes to either the adopted General Plan land use designations or residential densities that would result in increased densitiestintensities that were not included in the GP, potential impacts to wastewater conveyance and treatment facilities from future development permitted by the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. In addition, future discretionary development would be required to undergo environmental and /or development review on a project -by- project basis based upon the development standards, General Plan policies, and related requirements to ensure that adequate wastewater conveyance and treatment infrastructure is available and can be provided. The environmental impacts associated with the construction of new wastewater conveyance and treatment facilities or expansion of existing facilities (if required) would be dependent upon the location and nature of the proposed facilities, and would undergo separate environmental review pursuant to CEQA Guidelines. Future development would also be subject to compliance with the City's Sewer System Management Plan and Sewer Master Plan (Policy NR 5.1). Given that future development would undergo project -by- project review, and be subject to compliance with General Plan policies, impacts to wastewater conveyance and treatment facilities would be less than significant. Mitigation Measures: No mitigation is required. 4.17(c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. Refer to Responses 4.9(a), 4.9(c), and 4.9(d). Mitigation Measures: No mitigation is required. 4.17(d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than significant Impact. Water service is provided by the City, IRWD, and Mesa Consolidated Water District. Water supply is provided by groundwater and imported surface water. Approximately 75 percent of the water supply is provided by groundwater from the Orange County Groundwater Basin. The remainder is provided by MWD, which delivers water from the Colorado River and the State Water Project. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the proposed Housing Element Update would increase the City's water demands. Although the GPEIR concluded the 2030 projected availability of imported water supply exceeds the 2030 projected region -wide demand for imported water supply by at least 155,000 AF, 52 the analysis 51 Ibid., Page 4.14 -32. 52 Ibid., Page 4.14 -32. September 30, 2011 81 Initial Study /Negative Declaration 38-4 O4 �+EWP�RT City of Newport Beach g m Housing Element Update �y '4r js Initial Study /Negative Declaration presented in the GPEIR concluded, because adequate existing and planned imported water supply to accommodate the increased demand associated with the General Plan would be available, impacts to the water supply would be less than significant. Because future residential development permitted under the Housing Element Update was anticipated and considered in the GPEIR analysis for buildout of the adopted General Plan and, furthermore, since the proposed Housing Element Update does not include changes to either adopted land use designations or residential densities that would result in development not previously included in the GP and analyzed in the GPEIFR, potential impacts to water supply from future residential development permitted under the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. Nonetheless, future discretionary residential development would be required to undergo environmental and design review on a project -by- project basis, in order to ensure that adequate water supply is provided. In particular, future development would be subject to compliance with Senate Bills 221 and 610. The two bills amended State law to better link information on water supply availability to certain land use decisions by cities and counties. The two companion bills provide a regulatory forum that requires more collaborative planning between local water suppliers and cities and counties. All SB 610 and 221 reports are generated and adopted by the public water supplier. Senate Bill (SB) 610 requires a detailed report regarding water availability and planning for additional water supplies that is included with the environmental document for specified projects. All "projects" meeting any of the following criteria require the assessment: • A proposed residential development of more than 500 dwelling units (DU); • A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet (SF) of floor space, • A proposed commercial office building employing more than 1,000 persons or having more than 250,000 SF of floor space; • A proposed hotel or motel, or both, having more than 500 rooms, • A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 SF of floor area, • A mixed -use project that includes one or more of the projects specified in this subdivision; or • A project that would demand an amount of water equivalent to, or greater than the amount of water required by a 500 DU project. While SB 610 primarily affects the Water Code, SB 221 principally applies to the Subdivision Map Act. The primary effect of SB 221 is to condition every tentative map for an applicable subdivision on the applicant by verifying that the public water supplier (PWS) has "sufficient water supply" available to serve it. Any future development meeting SB 610 criteria would require a water supply assessment. Similarly, any residential project involving a subdivision pursuant to SB 221 would require verification of sufficient water supply from the water supplier. Additionally, the NBMC includes a Landscaping Standards chapter, which provides landscape standards to conserve water, among other objectives. All future residential development would also be subject to compliance with General Plan policies, which serve to minimize water consumption through conservation methods and other techniques (Policies NR 1.1 to 1.5), and expand the use of alternative water sources to provide adequate water supplies for present uses and future growth (Policies NR 2.1 and 2.2). Given that future development would undergo project -by- project review, and be subject to compliance with existing legislation (SBs 610 and 221), NBMC standards, and General Plan policies, impacts to water supplies would be less than significant. September 30, 2011 82 Initial Study /Negative Declaration 385 a� wcpRr � City of Newport Beach Housing Element Update i Initial Study /Negative Declaration �( /FOM1N Mitigation Measures: No mitigation is required. 4.17(e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. Refer to Response 4.17(b). Mitigation Measures: No mitigation is required. 4.17(f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The City contracts with Waste Management of Orange County in Newport Beach to collect and dispose of the City's solid waste. The solid waste is disposed of at the Frank R. Bowerman Landfill in Irvine. The Bowerman Landfill, which is operated by the Orange County Integrated Waste Management Department (OCIWMD), is a 725 -acre facility that is operating at a maximum daily permitting capacity of 8,500 tons per day. The landfill has a remaining capacity of 44.6 million tons and is expected to remain open until 2022. The Housing Element Update does not include specific development projects, but instead, only provides a framework for the City's anticipated future residential growth and housing demand. Future residential development permitted under the Housing Element Update in accordance with the adopted Land Use Element would generate increased solid wastes, placing greater demands on solid waste disposal services, and ultimately on landfill disposal capacities. However, the GPEIR concluded impacts would be less than significant, since Frank R. Bowerman Sanitary Landfill would have sufficient capacity to serve the increased General Plan development. 53 Development permitted by the Housing Element Update was anticipated and, therefore, considered in the GPEIR analysis. Because the proposed project does not include changes to either residential land use designations or residential densities that would result in increased densities when compared to the adopted General Plan, potential impacts to landfill capacity from future development permitted by the Housing Element Update would be consistent with the analysis presented in the GPEIR, and would result in no greater impacts than previously identified. In addition, future discretionary residential development would also be required to undergo environmental and /or development review on a project -by- project basis based upon the development standards prescribed in the NBMC, Newport Beach General Plan and related long -range plans and programs in order to ensure that impacts to landfill capacities are minimized. Additionally, the Solid Waste and Recyclable Materials Storage section of the NBMC was revised to include standards to ensure that adequate space is provided and trash storage areas are adequately screened. Given that future development would undergo project - by- project review, and be subject to compliance with NBMC standards, impacts to landfill capacity would be less than significant. Mitigation Measures: No mitigation is required. 4.17(g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The California Integrated Waste Management Act of 1989 (AB 939) required that local jurisdictions divert at least 50 percent of all solid waste generated by January 1, 2000. The City consistently complies with AB 939 through diverting 50 percent or more of solid waste. The City also remains committed to continuing reducing and minimizing solid waste. Therefore, future development would not conflict with Federal, State, or local statues and regulations. 53Ibid., Page 4.14 -44. September 30, 2011 83 Initial Study /Negative Declaration 3 gC �� ar City of Newport Beach Housing Element Update Initial Study /Negative Declaration c$iapaNP Mitigation Measures: No mitigation is required. 4.18 MANDATORY FINDINGS OF SIGNIFICANCE ;ry bai2 r} f AS t 4 ��+ X14, fi}N S Ii kt Fil 9 ^ {t 3Y #xtil A Y. "Alf" W,Y y(e} 4 t h 4 we�¢FO n r 1 1n�W c f S� "en anti 4 3 1 Y f F S (1/{p'80 t �`sm a V SS L i a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal ■ community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major eriods of California history or prehistory? b. Does the project have impacts that are individually limited, but _ cumulatively considerable? ('Cumulatively considerable" means that the incremental effects of a project are considerable when 0 viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or ■ Indirectly? Impact Analysis 4.18(a) Does the project have the potential to degrade the quality of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact. As concluded in Responses 4.4 and 4.5, respectively, the proposed Housing Element Update would result in less than significant impacts on biological resources and cultural resources (i.e. historic, archaeological, or paleontological). Therefore, the proposed Housing Element Update would result in less than significant impacts involving the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major period of California history or prehistory. No significant impacts are anticipated and no mitigation measures are required. 4.18(b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) ? Less Than Significant Impact. As all impacts discussed in this Initial Study have been previously addressed in the General Plan Update EIR. Because the proposed Housing Element Update includes only policy and program revisions and will not result in changes to the land use designations and /or residential September 30, 2011 84 Initial Study /Negative Declaration 327L jW °Rr City of Newport Beach Housing Element Update Initial Study /Negative Declaration C �P 94 FOAM densities reflected on the City's General Plan Land Use Element, all of the potential project - related impacts are determined to be less than significant or can be reduced to less than significant following compliance with General Plan policies, as revealed in the GPEIR. Furthermore, implementation of the proposed Housing Element Update would not result in significant cumulative impacts. As indicated previously in this analysis, the proposed Housing Element Update is consistent with the City's GP /GPEIR. Through certification of the GPEIR in July 2006, the City Council found that the benefits of General Plan implementation outweighed its significant environmental impacts, including cumulative impacts on aesthetics, air quality, cultural, noise, population and housing, and traffic. Future residential development permitted under the Housing Element Update in accordance with the Land Use Element was considered in the GPEIR analysis that evaluated future buildout of the Newport Beach General Plan. Based on that analysis, which included additional residential development, potential cumulative impacts from such future development permitted by the Housing Element Update were anticipated and adequately analyzed in the GPIGPEIR, implementation of the proposed Housing Element Update is consistent with that analysis. Consequently, project implementation would result in no greater cumulative impacts than previously identified and no mitigation measures are required. 4.18(c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. Previous sections of this Initial Study reviewed the proposed project's potential impacts involving each of the issues included in the environmental checklist. As concluded in these assessments, the proposed Project would not result in any significant impacts related to these issues. The GPEIR, which was certified by the Newport Beach City Council in July 2006, adequately analyzed each of the issues based on buildout of the adopted General Plan. Because the proposed Housing Element Update Project does not include any changes to either the residential land use designations or residential densities that would yield a greater number of dwelling units and /or residential development that that analyzed in the GPEIR, the proposed project would not result in environmental impacts that would cause substantial adverse effects on human beings. No significant impacts are anticipated and no mitigation measures are required. September 30, 2011 85 Initial Study /Negative Declaration see �Ewn°M , City of Newport Beach Housing Element Update Initial Study /Negative Declaration �� FoaNr 4.19 REFERENCES The following references were utilized during preparation of this Initial Study. These documents are available for review at the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92663. 1) California Department of Conservation official website, http: / /wvvw.conservation.ca.gov/ cgs /rghm /ap /Pages /affected.aspx. Accessed May 18, 2010. 2) California Office of the Attorney General, Sustainability and General Plans: Examples of Policies to Address Climate Change, updated January 22, 2010. 3) City of Newport Beach, City of Newport Beach General Plan, July 25, 2006- 4) City of Newport Beach Municipal Code, Approved by Ordinance No. 97 -09, Adopted March 24, 1997. 5) EIP Associates, City of Newport Beach General Plan 2006 Update, Volume I Draft Environmental Impact Report, April 21, 2006. 6) Fundamentals and Abatement of Highway Traffic Noise, Bolt, Beranek, and Newman, 1973. 7) South Coast Air Quality Management District, 2007 Air Quality Management Plan for the South Coast Air Basin, October 2003. 8) South Coast Air Quality Management District, CEQA Air Quality Handbook, November 1993. 9) State of California, Department of Finance, E -5 Population and Housing Estimates for Cities, Counties, and the State, 2001 -2010, with 2000 Benchmark. Sacramento, California, May 2010. September 30, 2011 86 Initial Study / Negative Declaration s eq ?FWPpRr City of Newport Beach Housing Element Update � = Initial Study /Negative Declaration 4.20 REPORT PREPARATION PERSONNEL City of Newport Beach (Lead Agency) 3300 Newport Boulevard Newport Beach, California 92663 (949) 644 -3209 Mr. James Campbell, Principal Planner Mr. Jaime Murillo, Associate Planner Ms. Melinda Whelan, Assistant Planner Keeton Kreitzer Consulting (Environmental Analysis) 180 South Prospect Avenue, Suite 140A P. O. Box 3905 Tustin, CA 92781 -3905 (714) 665 -8509 Mr. Keeton K. Kreitzer, Principal September 30, 2011 87 Initial Study /Negative Declaration sq �F City of Newport Beach Housing Element Update Initial Study /Negative Declaration This page intentionally left blank September 30, 2011 88 Initial Study /Negative Declaration 39:L �c�EWPORr City of Newport Beach k't `gym Housing Element Update Initial Study /Negative Declaration �.H 5.0 CONSULTANT RECOMMENDATION Based on the information and environmental analysis contained in Section 3.0, Initial Study Checklist, and Section 4.0, Environmental Analysis, it is concluded that the proposed City of Newport Beach Zoning Code Update Project would not have a significant effect on the environmental issues analyzed. Accordingly, it is recommended that the first category be selected for the City's determination (refer to Section 6.0, Lead Agency Determination) and that the City of Newport Beach prepare a Negative Declaration for the Project. September 30, 2011 Date September 30, 2011 89 Lm Keeton K. Kreitzer, Principal Keeton Kreitzer Consulting Initial Study /Negative Declaration sJ2 O�NEWRT City of Newport Beach Housing Element Update z Initial Study /Negative Declaration �< /PORN This September 30, 2011 Sage= MMEMEMMM 90 M '"FSie"tnk Initial Study /Negative Declaration 393 City of Newport Beach Housing Element Update Initial StudylNegative Declaration GcisoHdT 9 _ �I 7 Fl On the basis of this initial evaluation: I find that the proposed use COULD NOT have a, significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposal could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in Section 4.0 have been added. A NEGATIVE DECLARATION will be prepared. I find that the proposal MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ,,,SignaturY e��� " Jaime Murillo, Associate Planner Printed Name /Title September 30, 2011 91 City of Newport Beach Agency September 28, 2011 Date IN'' ICI Initial Study/Negative Declaration 3�� ��� =WPORr City of Newport Beach Housing Element Update a Initial Study /Negative Declaration Cy(I�P Tlais page inte�,Wonafly left blank September 30, 2011 92 Initial Study /Negative Declaration 39°6 Appendix A HCD Review of Housing Element Update 39 C, 397 TATF OF GAI IFORNIA -RI ISINFRS TRANSPORTATION AND HOI LSINC, AGFNGY FDMUNO G. RROWN.1R. Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 �• P. O. Box 952053 Sacramento, CA 94252 -2053 (916) 323 -31771 FAX (916) 327 -2643 - www.hcd.ca.gov September 8, 2011 Ms. Kimberly Brandt Community Development Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Dear Ms. Brandt: RE: Review of the City of Newport Beach's Revised Draft Housing Element Update Thank you for submitting Newport Beach's revised draft housing element update received for review on August 9, 2011. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). Telephone conversations with Messrs. Gregg Ramirez, Senior Planner and Jamie Murillo, Associate Planner, facilitated the review. In addition, pursuant to Government Code Section 65585(c), the Department considered comments from Mr. Cesar Covarrubias, of the Kennedy Commission. The revised draft element addresses the statutory requirements described in the Department's April 15, 2011 review. For example, the element now includes a complete analysis of governmental constraints. As a result, the revised element will comply with State housing element law (Article 10.6 of the Government Code) when adopted and submitted to the Department, pursuant to Government Code Section 65585(g). Successful implementation of Program 3.2.2, to remove the 10 -acre minimum site requirement and Program 3.2.3, to allow by -right development for multifamily housing affordable to lower- income households are critical to facilitate the development of the John Wayne Airport Area (PC 11 and PC15). The City must monitor and, report on the results of -these and other programs through the annual progress report, required pursuant to Government Code Section 65400. The Department appreciates the hard work and dedication of Messrs. Murillo and Ramirez throughout the course of the review and looks forward to receiving Newport Beach's adopted housing element. If you have any questions or need additional technical assistance, please contact Melinda Coy, of our staff, at (9 16) 445 -5307. Sincerely, ,4 /fir . 'Glen A. Campora Assistant Deputy Director 39 2 399 Attachment No. CC 8 Negative Declaration Comment Letters and Responses 400 401 RESPONSE TO PUBLIC COMMENTS NEWPORT BEACH HOUSING ELEMENT UPDATE (2008 - 2014) NEGATIVE DECLARATION NEWPORT BEACH, CA INTRODUCTION The 30 -day public review period for the Negative Declaration prepared for the Newport Beach Housing Element Update Project extended from October 1 through October 31, 2011. The City of Newport Beach received five (5) comment letters and one (1) email on the Negative Declaration during the formal public review and comment period. Responses to the comments included in each of the letters received by the City have been prepared and are included with the Final ND. The comment letters and email were received from: 1. Native American Heritage Commission (October 6, 2011) 2. Southern California Gas Company (October 10, 2011) 3. California Department of Toxic Substances Control (October 27, 2011) 4. Jim Mosher (October 30, 2010) 5. California Department of Transportation (October 31, 2011) 6. Orange County Airport Land Use Commission (October 31, 2011) Newport Beach Housing Element Update (2008 - 2104) Negative Declaration Responses to Public Comments November 2011 Page 1 4 02 1. Native American Heritage Commission (October 6, 2011) The letter received from the Native American Heritage Commission (NAHC) reflects the requirements and recommendations prescribed for (early) consultation with Native American tribes, including the list of Native American contacts, in order to address concerns related to cultural resources that may be affected by future development in the City of Newport Beach. However, as indicated in the project description and throughout the initial study prepared for the Newport Beach Housing Element Update, the proposed project does not include development and no direct impacts either to historic or cultural /archaeological resources will occur as a result of project implementation. Nonetheless, the Natural Resources Element of the City's General Plan includes several policies that require consultation with Native American representatives as well as other policies intended to ensure that potential impacts to historic and /or cultural /archaeological resources resulting from urban development are avoided or reduced consistent with the requirements and recommendations presented in the NAHC letter. It is also important to note that since the Housing Element Update requires an amendment to the General Plan, the City is required to consult with California Native American Tribes identified by the NAHC for the purpose of protecting, and /or mitigating impacts to cultural places. The City has mailed and e- mailed invitations for consultation to each of the tribes on the consultation list provided by the NAHC. Five of the tribes on the list indicated to the City through e-mail and telephone conversations that they were not interested in consultation on this project. After multiple attempts to contact the remaining three tribes identified on the list, the City has not received any responses. Newport Beach Housing Element Update (2008 - 2104) Negative Declaration Responses to Public Comments November 2011 Page 2 403 STATE OF CALIFORNIA Editnind G. Rrawn,,Ir, Governp NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL, ROOM 364 '. x SACRAMENTO, CA 95814 (916) 653-6251 Fax (916) 657 -5390 Web Site www- maho.cn,vv de_nahc@pacbeli.net jkgCEIVEO 49k October 6, 2011 COMMUNITY Mr. Jaime Murillo, Associate Planner OCT 11 2011 City of Newport Beach DEVELOPMENT 3300 Newport Boulevard; P.O. Box 1768 �o Pct Newport Beach, CA 92658 NEWPORT Re: SCH #2011091088 CEQA Notice of Completion: proposed Negative Declaration for the "Newport Beach Housing Element Update (2008 - 2014)" located in the City of Newoort Beach: Orange County, California Dear Mr. Murillo: The Native American Heritage Commission (NAHC), the State of California 'Trustee Agency' for the protection and preservation of Native American cultural resources pursuant to California Public Resources Code §21070 and affirmed by the Third Appellate Court in the case of EPIC v. Johnson (1985: 170 Cal App. 3`d 604). The court held that the NAHC has jurisdiction and special expertise, as a state agency, over affected Native American resources, impacted by proposed projects including archaeological, places of religious significance to Native Americans and burial sites. This project is subject to California Government Code §65352.3 (SB 18). The NAHC wishes to comment on the proposed project. This letter includes state and federal statutes relating to Native American historic properties of religious and cultural significance to American Indian tribes and interested Native American individuals as 'consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. The California Environmental Quality Act (CEQA— CA Public Resources Code 21000 - 21177, amendments effective 311812010) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ... objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE), and if so, to mitigate that effect. The NAHC Sacred Lands File (SLF) search resulted as follows: Native American cultural resources were not identified within the project area identified. However, the absence of archaeological resources does not preclude their existence. The NAHC "Sacred Sites,' as defined by the Native American Heritage Commission anc the California Legislature in California Public Resources Code § §5097.94(a) and 5097.96. Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254 (r ). 404 Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and individuals may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We strongly urge that you make contact with the list of Native American Contacts on the attached list of Native American contacts, to see if your proposed project might impact Native American cultural resources and to obtain their recommendations concerning the proposed project. Special reference is made to the Tribal Consultation requirements of the California 2006 Senate Bill 1059: enabling legislation to the federal Energy Policy Act of 2005 (P.L. 109 -58), mandates consultation with Native American tribes (both federally recognized and non federally recognized) where electrically transmission lines are proposed. This is codified in the California Public Resources Code, Chapter 4.3 and §25330 to Division 15. Furthermore, pursuant to CA Public Resources Code § 5097.95, the NAHC requests that the Native American consulting parties be provided pertinent project information. Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code §5097.95, the NAHC requests that pertinent project information be provided consulting tribal parties. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that would damage or destroy Native American cultural resources and Section 2183.2 that requires documentation, data recovery of cultural resources. Consultation with tribes and interested Native American consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 et seq), 36 CFR Part 800.3 (f) (2) &.5, the President's Council on Environmental Quality (CSQ, 42 U.S.0 4371 et seq. and NAGPRA (25 U.S.C. 3001- 3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175 (coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interior's Standards include recommendations for all 'lead agencies' to consider the historic context of proposed projects and to "research" the cultural landscape that might include the'area of potential effect.' Confidentiality of "historic properties of religious and cultural significance" should also be considered as protected by California Government Code §6254( r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APES and possibility threatened by proposed project activity. Furthermore, Public Resources Code Section 5097.98, California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for accidentally discovered archeological resources during construction and mandate the processes to be followed in the event of an accidental discovery of any human remains in a project location other than a 'dedicated cemetery'. To be effective, consultation on specific projects must be the result of an ongoing relationship between Native American tribes and lead agencies, project proponents and their contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built 9. 405 around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. If you have any questions about this response to your request, please do not hesitate to contact me at (916) 653.6251. Program Am Cc: State Attachment: Native American Contact List 400 Native American Contacts Orange County October 6, 2011 Ti'At Society /Inter - Tribal Council of Pimu Cindi M. Alvitre, Chairwoman - Manisar 3098 Mace Avenue, Aapt. D Gabrielino Costa Mesa,, CA 92626 calvitre @yahoo.com (714) 504 -2468 Cell Juaneno Band of Mission Indians Acjachemen Nation David Belardes, Chairperson 32161 Avenida Los Amigos Juaneno San Juan Capistranq CA 92675 chiefdavidbelardes @yahoo. (949) 493 -4933 - home (949) 293 -8522 Tongva Ancestral Territorial Tribal Nation John Tommy Rosas, Tribal Admin. Private Address tattnlaw @gmail.com 310- 570 -6567 Gabrielino Tongva Gabrieleno/Tongva San Gabriel Band of Mission Anthony Morales, Chairperson PO Box 693 San Gabriel , CA 91778 GTTribalcou ncil @ aol.co m (626) 286 -1632 (626) 286 -1758 - Home (626) 286 -1262 -FAX Gabrielino Tongva This list Is current only as of the date of this document. Gabrielino Tongva Nation Sam Dunlap, Chairperson P.O. Box 86908 Los Angeles , CA 90086 samdunlap@earthlink.net (909) 262 -9351 - cell Gabrielino Tongva Juaneno Band of Mission Indians Acjachemen Nation Anthony Rivera, Chairman 31411 -A La Matanza Street Juaneno San Juan Capistranq CA 92675 -2674 arivera@juaneno.com (949) 488 -3484 (949) 488 -3294 - FAX (530) 354 -5876 - cell Gabrielino Tongva Indians of California Tribal Council Robert F. Dorame, Tribal Chair /Cultural Resources P.O. Box 490 Gabrielino Tongva Bellflower CA 90707 gtongva@verizon.net 562 - 761 -6417 - voice 562 - 761 - 6417 -fax Juaneno Band of Mission Indians Alfred Cruz, Culural Resources Coordinator P.O. Box 25628 Juaneno Santa Ana , CA 92799 alfredgcruz@ sbcglobal. net 714 - 998 -0721 714 - 998 -0721 - FAX 714- 321 -1944 - cell Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7060.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list Is applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH #2011091088; CEQA Notice of Completion; proposed Negative Declaration for the Newport Beach Housing Element Update (2008.2014) Project; located in the City of Newport Beach; Orange County, California. Native American Contacts Orange County October 6, 2011 Gabrielino- Tongva Tribe Bernie Acuna 1875 Century Pk East #1500 Gabrielino Los Angeles , CA 90067 (619) 294 - 6660 -work (310) 428 -5690 - cell (310) 587 -0170 - FAX bacunal @gabrieinotribe.org Juaneno Band of Mission Indians Acjachemen Nation Joyce Perry; Representing Tribal Chairperson 4955 Paseo Segovia Juaneno Irvine 1 CA 92612 949 - 293 -8522 Gabrielino - Tongva Tribe Linda Candelaria, Chairwoman 1875 Century Park East, Suite 1500 Los Angeles , CA 90067 Gabrielino Icandelarial @gabrielinoTribe.org 626- 676 -1184- cell (310) 587 -0170 - FAX 760 - 904 - 6533 -home Gabrieleno Band of Mission Indians Andrew Salas, Chairperson P.O. Box 393 Gabiielino Tongva Covina I CA 91723 (626) 926 -4131 gabrielenoindians @yahoo. com This list is current only as of the date of this document. Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7060.6 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH #2011091088; CEQA Notice of Completion; proposed Negative Declaration for the Newport Beach Housing Element Update (2008.2014) Project; located in the City of Newport Beach; Orange County, California. 402 2. Southern California Gas Company (October 10, 2011) This letter is the notification from Southern California Gas is responsible for providing natural gas service in the City of Newport Beach. The letter does not contain any comments related to the adequacy of the environmental analysis presented in the initial study. Newport Beach Housing Element Update (2008 - 2104) Negative Declaration Responses to Public Comments November 2011 Page 3 409 1919 S. State College Blvd. Anaheim, CA 92806-6114 Southern California Gas Company A A-'Sempra Energy utility° October 10, 2011 City of Newport Beach Planning Department 3300 Newport Blvd P.O. Box 1768 Newport Beach, CA 92658 Attention: Jaime Murillo Subject: Proposed Negative Declaration — Newport Beach Housing Element(2008- 2014). This letter is not to be interpreted as a contractual commitment to serve the proposed project but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas facilities within the service area of the project could be altered or abandoned as necessary without any significant impact on the environment. Information regarding construction particulars and any costs associated with initiating service may be obtained by contacting the Planning Associate for your area, Dave Baldwin, at (714) 634- 3267. Sincerely, (_0 Mike Harriel Technical Supervisor Orange Coast Region- Anaheim MH/ag mitnegde.doc 4 -1 3. California Department of Toxic Substances Control (October 27, 2010) The Department of Toxic Substances Control (DTSC) letter enumerates several comments related to potential hazards (e.g., contaminated soils, human health of sensitive receptors, etc.) and their potential effects on urban development. As indicated throughout the initial study, the proposed project includes only the City's Housing Element Update, which would not result directly in potential impacts. The City of Newport Beach's Housing Element details the City's strategy for enhancing and preserving the community's character, identifies strategies for expanding housing opportunities and services for all household types and income groups, and provides the primary policy guidance for local decision - making related to housing. As specified in the General Plan Update EIR, all new residential development anticipated to occur pursuant to the adopted long -range plans for the City, including residential development associated with the Housing Element Update would be subject to the adopted relevant policies developed to protect existing and future residents from potential hazardous conditions. The comments raised in the DTSC letter would be the basis of any future environmental analysis for a residential project proposed in the City. Newport Beach Housing Element Update (2008 - 2104) Negative Declaration Responses to Public Comments November 2011 Page 4 4 -2 +rt Y Department of Toxic Substances Control , Matthew Rodriquez Secretary for Environmental Protection October 27. 2011 Deborah O. Raphael, Director 5796 Corporate Avenue Cypress, California 90630 Mr. Jaime Murilto City of Newport Beach Planning Department 3300 Newport Beach Newport Beach, California 92663 Edmund G. Brown Jr. Governor oCEIVED BY COMMUNITY ocr 31. z011 DEVELOPMENT OZ- Op NEWPow DRAFT MITIGATED NEGATIVE DECLARATION (ND) FOR CITY OF NEWPORT BEACH HOUSING ELEMENT UPDATE (SCH# 2011091088) 1111MI AMITHFIiII1561 The Department of Toxic Substances Control (DTSC) has received your submitted document for the above - mentioned project. As stated in your document: "The proposed Newport Updated Housing Element is a comprehensive statement of the city's housing policies and serves as a specific guide for implementation of these policies. The Housing Element Update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs. Housing programs are responsive to current and future needs. They are also established within the context of available community, state, and federal economic and social resources, and realistic quantified housing objectives ". Based on the review of the submitted document DTSC has the following comments: 1) The document states that the ND would identify any known or potentially contaminated sites within the proposed project area. 2) The ND should identify the mechanism to initiate any required investigation and /or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and /or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state laws, regulations and policies. 412 Mr. Jaime Murillo October 27, 2011 Page 2 3) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 4) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 5) If during construction /demolition of the project, soil and /or groundwater contamination is suspected, construction /demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and /or groundwater exist, the ND should identify how any required investigation and /or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 6) If weed abatement occurred, onsite soils may contain herbicide residue. If so, proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. 7) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618 -6942. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 8) If buildings, other structures, or associated uses; asphalt or concrete -paved surface areas are being planned to be demolished, an investigation should be conducted for the presence of other related hazardous chemicals, lead -based paints or products, mercury, and asbestos containing materials (ACMs). If other hazardous chemicals, lead -based paints or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. 413 Mr. Jaime Murillo October 27, 2011 Page 3 Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies. 9) DTSC can provide guidance for cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VCA) for private parties. For additional information on the EOA or VCA, please see www.dtsc.ca.gov /SiteCleanup /Brownfields, or contact Ms. Maryam Tasnif- Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484 -5489. If you have any questions regarding this letter, please contact me at ashami a dtsc.ca.gov, or by phone at (714) 484 -5472. SincTai /, AI Protect Manager Brownfields and Environmental Restoration Program cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812 -3044 state. clearinghouse u- �opr.ca.gov CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis P.O. Box 806 Sacramento, California 95812 nritter(a,dtsc.ca.gov. CEQA# 3372 414 4. Jim Mosher (October 30, 2010) Response to Comment No. 1 The document that was circulated for public review is the initial study, which was prepared to evaluate the potential impacts of the proposed Newport Beach Housing Element Update. The initial study environmental checklist is included in Section 4.0 of the document that was distributed for public review. Because the analysis concluded that no significant impacts would occur as a result of that project, a Negative Declaration is proposed and the "Notice of Intent to Adopt a Negative Declaration" accompanied the initial study. Response to Comment No. 2 As indicated in Response to Comment No. 1, Negative Declaration is the determination made by the City based on the environmental analysis conducted for the project. That determination is found in Section 6.0 of the initial study (refer to page 91 of the initial study). As a result, the "Notice of Intent to Adopt a Negative Declaration" was included with the initial study as a separate notice. Response to Comment No. 3 Draft No. 4 (August 2011) of the Newport Beach Housing Element Update is the most current version that was approved by the State Housing and Community Development Department and is the subject of the initial study. Draft No. 4 is listed first on the City's website and the webpage where the document is available for review is referenced on page 13 of the initial study. Response to Comment No. 4 As indicated on page 15 of the initial study, the City of Newport Beach is the project proponent. Response to Comment No. 5 Technically, the 30 -day public comment period is October 30; however, because that day falls on a Sunday, the City accepted comments until 5:00 p.m. on Monday, October 31. The public review period was updated to reflect this; however, City staff inadvertently failed to update the third paragraph from the end. Nonetheless, as indicated above, the City accepted comments received through the end of the business day on October 31. Newport Beach Housing Element Update (2008 - 2104) Negative Declaration Responses to Public Comments November 2011 Page 5 4 -15 From: Jim Mosher To: Murillo, Jaime; Subject: Comments on proposed Negative Declaration for the Newport Beach Housing Element Update (2008- 2014) Date: Sunday, October 30, 20112:41:20 PM To: Jaime Murillo, Associate Planner City of Newport Beach Re: proposed Negative Declaration for the Newport Beach Housing Element Update (2008 -2014) The following comments are being submitted in response to the notice at: http://www.newportbeachca.gov/index.aspx?paqe=99&recordid= 1531 The document under review describes itself as an "INITIAL STUDY /NEGATIVE DECLARATION' but the CEQA Guidelines: http: // www. califaep. org /docs /CEQA /CEQAHandbook20l1. pdf describe the "Initial Study" (Guidelines Article 5, beginning at 15060) and the "Negative Declaration" (Article 6, beginning at 15070) as separate processes, and my understanding is that the "Initial Study" would normally consist of something similar to the checklists provided in Appendices G or H of the CEQA Guidelines. In particular, CEQA Guideline 15071 states that: "A Negative Declaration circulated for public review shall include: (c) A proposed finding that the project will not have a significant effect on the environment; (d) An attached copy of the Initial Study documenting reasons to support the finding." Question 1: Is the document being circulated for public review the Initial Study or the Negative Declaration? Question 2: If it is the "Negative Declaration," where is the "attached copy of the Initial Study "? The "project" to which the Negative Declaration applies appears to be the "City of Newport Beach Housing Element Update (2008- 2014)" cited on the title page, which a close reading of the text suggests is a proposed amendment to the 2006 General Plan. I can find only vague references to early drafts of the text of "Housing Element Update (2008- 2014)" having been posted at unspecified locations on the City website, and public workshops having been held in 2008. It also appears subsequent revisions were made to address concerns raised by the State Department of Housing, which may or may not have been publicly reviewed: http://www.newportbeachca.goy/index.aspx?paqe=192 It seems impossible to comment on the adequacy of the Negative Declaration without being sure exactly what "project" it refers to (probably "HCD Draft No. 4 (August 2011)" at the above link ?). Question 3: Should the Negative Declaration include a link to, or a clearer identification of, a definitive copy of the specific version of the "Housing Element Update (2008- 2014)" that it declares to have no significant impact? 410 CEQA Guideline 15071(b) requires a Negative Declaration to identify "the name of the project proponent." Question 4: Who is the project proponent? The "Notice of Intent to Adopt a Negative Declaration" dated September 28, 2011: http: / /www.newportbeachca.gov /pin /CEQA REVIEW /Newport %20Beach% 201-lousino Element Update 2008 -2014 ND /01 Notice of Intent to Adopt.pdf says the public review period is "September 30, 2011 to October 31, 2011" but the third paragraph from the end says "comments must be received no later than October 30, 2011 at 5:00 pm." Question 5: Is "October 30, 2011 at 5:00 pm" in the printed notice a misprint for "October 31, 2011 at 5:00 pm "? Finally, the on -line notice at: http://www.newportbeachca.gov/index.aspx?paqe=99&recordid=1531 gives your contact phone number as (949) 644 - 33209. I believe this is a misprint for 949 - 644 -3209. Sincerely yours, Jim Mosher 2210 Private Road Newport Beach, CA 92660 (949) 548 -6229 417 5. California Department of Transportation (October 31, 2011) The comments raised by Caltrans relate to two areas: (1) the need for policies in the Housing Element to stress agency coordination early in the land use planning process and (2) the need to conduct traffic analyses on (residential) projects, the method of analysis, levels of service targets, traffic impact and fair share fees, etc. The City's General Plan Circulation Element contains several policies related to circulation in the City, including agency coordination in land use planning (CE 3.1.2) as well as other policies intended to facilitate and accommodate traffic through the City of Newport Beach. In addition, the City will require traffic impact analyses (TIAs) to be conducted on projects that generate traffic in excess of established thresholds. The TIAs will be prepared in accordance with City requirements and, when applicable, with those standards and methods prescribed by Caltrans. The City will continue to coordinate such studies to ensure that future projects that have a potential to affect Caltrans' facilities are adequately addressed. Newport Beach Housing Element Update (2008 - 2104) Negative Declaration Responses to Public Comments November 2011 Page 6 4-f R sraTF. r � �LIFORNIAJIUSMPSS TR \K'S�T 1TION Ai'rl H011511J1' ACrN1'V Edmund (i. Hmwn. Gurcrnnr DEPARTMENT OF TRANSPORTATION District 12 MUNrN 3347 fl9ichelson Drivc, Suitc loo COM Irvine, CA 92612 -8894 ey Tel: (949) 724 -2267 OCT a 1 2011 F1r_r ymv pmrer? Fax: (949) 724 -2592 Ra wi p of rrenr? DEVELOPMENT FAX c& MAIL � BPS Op IVMPOO 0 October 31, 2011 ?aimc Murillo rile: 1GR/CLQA City of Newport Beach SCH #: 2011091088 3300 Newport Boulevard Log ft: 2805 P.O. Box 1768 SR -1, 55, 73 Newport Beach, C.A. 92658 Subject: City of Ne-svport Beach Housing Element Update 2008 -2014 Dear Mr. Hunter, Thank you for the opportunity to review and comment on the Negative Declaration for the City of Newport Beach Housing Element Update 2008 - 201.4. The Horsing Element is an integral component of the City's General Plan, which addresses existing and future housing needs of all types for persons of all economic segments in the City. State law requires the preparation. of a Housing Element every five years as part of the comprehensive General plan. The nearest State Routes to the project site are SR -1, 55, and. 73. The California Department of Transportation (Department), District 12 is a commenting agency on this project and has the following curruncnt: 1. The Housing Element should include language requiting the City to develop policies stressing coordination between the City and. the Department early in the land use and transportation planning process. 2. although this particular project does not propose any new development the Department would like to emphasize that it supports General Plans (or Specific Plans) that foster a more efficient land use pattern that (a) supports improved mobility and reduced dependency on single- occupant vehicle trips, (b) accorrrrnodatcs an adcyualu supply of bous.ing for all incomes, (c) reduces impacts on valuable habitat, productive farmland, and air quality, (d) increases resource uae efficioncy, and (e) results in safe and vibrant nei8hborhoods. The Department recognizes that non - motorized travel is a. vital elemertt of the transportation system and therefore, encourages communities make pedestrian and bicycle activity possible, thus expanding transportation options, and creating a streetscape that better serves a range of users — pedestrians, bicyclists, transit riders, and automobiles. 3. The Department's Traffic pperations Branch requests alt traffic analysis be based on the method outlined in the latest vctsiun of the Highway Capacity Manual (11CM) when analyzing traffic impacts on State Transportation Facilities including but not limited to freeway segments, " Calaranx improves mobility across Califnroila" 19 highway segments, intersections, on or off ramps (weaving, queuing, merging and diverging. -The use of HCM is preferred by the ,Department because it is an operational analysis as opposed lu the h,LersecLion Capacity Utilization (i.CU) method, which is a planning analysis. In the case of projects that have direct impacts on State Facilities, the Department recommends that the traffic impact analysis be based on T .CM method. Should the project rcquirc an cncroacbrnont permit, Traffic Operations may find the Traffic Impact Study based on ICU methodology inadequate. resulting in possible delay or denial of a. permit by the Department. All input sheets, assumptions and volumes on, State Facilities including ramps and intersection analysis should be submitted to the Department for review and approval. All environmental. documents should include appropriate mitigation measures to offset any potential impacts. The traffic impact on the state transportation system should be evaluated based on the Department's Guide for the Preparation of Traffic Impact Studies which is avai.lablc at: http: //ivww.dot,ca.gov/hq /traf fops /deveJopsery /operationalsystems /reports /tisguide ndf. 4. The General Plan should acknowledge the Departments' standard, of maintaining a target level of Service (T.nS) at the trmsition between LOS C and LOS D on State highway facilities. Any degradation of the LOS past this threshold should be mitigated to bring the facility back to the baseline /existing condition. For future projects that may impact State facilities, we recommend that early coordination be done between the Department and the City to fully address level of significance thresholds (tran.si,ti.on between LOS C and D) and appropriate methods for analyzing impacts (LOS vs. ,Hottrs of Delay). 5. Should new development be proposcd in the future, the Departrucut has interest in. working cooperatively to establish a Trafric Tmpact Fee (TIF) program to mitigate impacts to State Transpmtatinn Vwilifias on a "ftir share" basis. Local development project applicants would pay their "fair share" to an, established fund for future transportation. improvements on the state highway system. If there is an existing TIF program, it can be amended to include mitigation for the State Highway System. or a new TIF program may be considered, The Department requests the opportunity to participate .in. the TIF for State Highway improvements development process. 6. Future projects have the potential to significantly impact S12 -73 mainline and interchanges, ranxps and intersections. Lnpacts of developnrerrt causrlrg vperating llundlLrons to deteriorate to deficient levels of service, or impacts adding to an. existing deficient level of service condition require mitigation. 7. The Department requests to participate in the establishment and implementation of ".fair share" mitigation for the project impacts. The Department has an established methodology standard used to properly calculate equitable project share contribution. This can be found in Appendix 13 off the Department's Guide for the Preparation. of Traffic Impact Studies which is available at: hltn: /Avww.dot.ca.eov /hq /t•a. flops/ develonscry /�,gerationalsyslems /reports /tis rui.de.pd.f. S. For CEQf1 purposes, the Department does not consider the Congestion, Management Plan (CMP) significance threshold of au increase in v/c more than 10/, ramps or 3% for mainline appropriate. For analysis of intersections comrecting to State facilities, ramps and freeway mainline, we recommend early coordination occur to discuss level. of significance thresholds related to traffic and circulation. "Call io's bup o oes ,,M iliry un v,, Cufi/mnie " 4 20 Nl.ease continue to keep us informed of this project and any future developments, which could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not lresitate to call Damuu Davis at (949) 440 -3487. Si, %n %c ?sr..ly, Maryatn Molavi, Acting Branch Chief Local Developuiaent /Intergovernmental Review C: 'ferry Roberts, Office of Planning an..d Research ..r.,dnvnv anP'""Vs,ruu[dury rum", r,dlfomne .. 2-T 6. Airport Land Use Commission (October 31, 2011) It is important to note that the City of Newport Beach submitted the proposed Housing Element Update (2008 - 2014) to the Airport Land Use Commission (ALUC) for consistency review with the Airport Environs Land Use Plan (AELUP) in accordance with Public Utilities Code Section 21676. The ALUC is scheduled to review the draft Housing Element for consistency review on November 17, 2011. Newport Beach Housing Element Update (2008 - 2104) Negative Declaration Responses to Public Comments November 2011 Page 7 422 JRANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626.949.252.5170 fax: 949.252.6012 October 31, 2011 Jaime Murillo, Associate Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 Subject: Newport Beach Housing Element Update (2008 -2014) Dear Mr. Murillo: Thank you for the opportunity to review the Notice of Intent to Adopt a Negative Declaration for the proposed Newport Beach Housing Element Update (2008 -2014) in the context of the Airport Land Use Commission's Airport Environs Land Use Plan for John Wayne Airport (AEL UP for JWA). The proposed Newport Beach Updated Housing Element is a comprehensive statement of the City's housing policies and serves as a specific guide for implementation of these policies. As stated in the initial study, the Housing Element Update does not include specific development projects, but instead, provides a framework for the City's anticipated future residential growth and housing demand. The initial study includes a discussion of issues that should be considered when developing projects surrounding John Wayne Airport such as height restrictions, safety issues, and noise. The initial study also states that all land uses surrounding JWA would be subject to the land uses standards established in the City's Municipal Code and the AELUP for JWA. A referral by the City to the ALUC may be required for this project due to the location of the proposal within an AELUP Planning Area and due to the nature of the required City approvals (i.e. Housing Element Update) under PUC Section 21676(b). With respect to project submittals, please note that the Commission wants such referrals to be submitted to the ALUC for a determination, between the Local Agency's expected Planning Commission and City Council hearings. Since the ALUC meets on the third Thursday afternoon of each month, submittals must be received in the ALUC office by the first of the month to ensure sufficient time for review, analysis, and agendizing. Thank you for the opportunity to comment on the proposed Housing Element Update. Please contact Lea Choum at 949.252.5123 or via email Ichoum(a)ocair.com if you require additional information. Sincerely, t / el t-et Kari A. Rigoni Executive Officer -423 2008 -2014 Housing Element Update November 22, 2011 City Council City of Newport Beach 7 -year plan to meet the existing and 'd housin: needs of all economic its of the community es constraints to the development and Ce of housing goals, policies, and programs to housing needs s *ment of elopers Providers/ Advocates 17,2-008- all mernb'' 0 g Commission - public ie 19, 2008 il- August 12, 2008 to HCD Interest List- Continual Involvement HCD approved September 2011 F1 `Planning Commission- Recommended Adoption P NIMUM91; W,, -J tion and employment trends .old characteristics, wding, and housing ditions is of units at -risk of conversion to ate Special housing needs (i.e. elderly, disabled, f emale- headed households, large families, farm workers and homeless persons and families) 2, =IJAM red g Needs Assessment (RHNA) ousing Nee uired; good faith effort Mod 2014 Table H35 Total Construction Need by i corn e, 2!006 =2!014 H ysis at Inventory ription of land portunities or underutilized ment limits/ densities tal issues/ constraints blic service capacity levels Organized by key opportunity areas Cemmre Pbo Bamfig RV and CS RalmdCarrrp%," ff-Q Rarch C¢ dd Rd Mar RM S9nvigod RA Flamed CamnuritolPQ Reddk dwr6Wla lbY C6padM DenslM Idulacref or Devebo VXMT RmmdCommuri7A(PQ 1,375 Madman dwalopne d 8rm d 1375 du 7 De9e[cpmaltlmrt oi 8du peen[%d R Damiopmad lima d 10 di pamilted 111FINJAM lls Nmmri Z31199 N, ,,q, n. n...1. El 5.4wyinurrm 30 du'aa aprimum and 50 diMc nedrrum." .Mn Na},r1e Aignd Area MU4f2 RmmdCommuri7A(PQ 2081 Daa4mard lima 012200 dupermi8ed as mplamrrerAd mbe [TnM arJ arising "s J:50 di pemi5ed a mW1( Nmmri A1Wfa and Calla Re! Raired Cammur*JPQ 529 DerdWy 1lnz1ul529dupeenfl1Nda het rou MUSY -1: 9[i 'Sad X1612 -..1ID w WmW.U'se FAR:1 U , wdi OS frmstdw1d Mernars MU -W1 ald !n • MUi- F3rulyReaderdA: 12 cUue¢60%a1�1 Mle MU #1 MIl`W1 and MUJ11M 238 MUMM. wrwa ti • MixedUm-FAR 15, mh lA for readmia West sa9ry Rawpod RY ?' 132 Mild. Mass A]I DmerQ1 MU441 Mlf4)W 89 MUM. FAR 1.5. WT 1 A for madaiid M imfIr Baboa PenisulaArea 179 Lido Maitre MU-W2 and MLWY2. FAR 15, wire 02 it resdentiof 'tillage RM(U0 ) 6AI' -1W and (IN 2173) 70 RA127drtae9e A1U£Vt15s St • M,mdJJN: FAR I S,wit 1.0 fwrelidalid cmmfy mu-K4 Mf- CVI19^St. and WU 'tillage MLLW2 W2 556 6MUti -Fanny MI lo 283 dihd acra . MU4Y2 6 Mised{lse_ FAR 125, wff 0.75 forreadaiia Bab® ae.•. Av -V MU -V 14 MU-V FAO 15,%& 1,0 for nasdmial Wlage McFaida .9qVam WW2 M11-W2 30 MU-M: FAR'. 1.25, w410.75 for rewmid Total 1 1 4,617 Z31199 N, ,,q, n. n...1. El 5.4wyinurrm ran mbe [TnM arJ a rou 9[i 'Sad X1612 -..1ID Pll 11 mrvrti !n FR hmla N ]l A wrwa ti sa9ry mrtr au9 A]I lAM Irr�i +9. W. I . r. ae.•. ..r m 9..5 :UR taw hu w ty I .... NIS 6Po', Tuia. 1S,mC 'L trH}Y[ �SUte w M'[v 1Nlh hlm Wr a 9..i 'L4 MIR 916 m m f9WMN M •Vex p i ] . m .I. u C r. 5, Ix ®9.'I s.ls m M WaYrt W rr.e r M e.• Al K %MY G lipm, rpY< I is i4m G'.•. 9.1r NL 161 LIw" 51. t' u e "' tlwran6 Jw. 1' Nr.111 NN~, Z. NI N2 W nwarc 6r re '.' AI8A1TFxr9ilwaRr Nlx o:RL(MH1i nJiR'C'r1 Im . 1R. Creq uate Sites to Accommodate i O«ier- Income Housing Needs o John Wayne Airport Area (30 -50 du/ ac) A A� :ate+ .b F � 1 l EN L-� `i strai nts Plan Policy LU 6.15.6 - 10 acre minimum for wods Tous ing in th"*e7A 'Ian and/ or esta 10 -acre site requii that General Plan Policy LU6.15.6 nstraint to the development of >rt Area, the City shall amend the waiver or exception to the It is recognized that allowing a development within an established commercial and a may result in land use compatibility problems and .ential development that does not provide sufficient amenit�ie -s (i.e. parks and /or necessary improvements (i.e. pedestrian walkways. Therefore, it is imperative that the pr,�opose, waiver include provisions for adequate amenities, design considerations for the future integration into a larger residential village, and a requirement to ensure collaboration with future developers in the area. strai nts zoned for commercial and industrial uses Pro :ram HII''3.2.3- The City shall amend the Newport Place (PC 11) and Koll Centear (PC 15) Planned Community texts to allow residential developments that include: 1) a minimum of 30 percent of the its affordable to lower- income households; and 2) densities between 30 du/ acre and 50 du/ acre consistent with the MU -H2 General Plan land use designation and policies for the Airport Area. It is recognized that adding residential as a pearmitted use where it was not allowed previously might require additional design attention to integrate uses. Therefore, the Play nnO-01 Community Amendments will add residential uses as permitted by right subject to a site plan review to ensure integration within the existing area. Improvement of Housing rtunities of Affordable Special Needs Groups Monitoring C^cIaration identify any potentially environment environmental issues identified NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 22, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following: Housing Element Update - An amendment to the Newport Beach General Plan incorporating the 2008 -2014 Housing Element update. The proposed Newport Beach Updated Housing Element is a comprehensive statement of the City's housing policies and it is applicable Citywide. The Housing Element serves as a guide for implementation City housing policy. The Housing Element Update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to addressing those needs. Housing programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, and realistic quantified housing objectives. NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declaration states that, the subject development will not result in a significant effect on the environment. It is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www.newportbeachca.gov. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Jaime Murillo, at 949 - 644 -3209 jmurillo @newportbeachca.gov. Project File No.: PA2008 -078 Activity No.: General Plan Amendment No. GP2008 -003 40� - t�� �- Leilani Brown, City Clerk City of Newport Beach PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) RECEIVED 7011 NOV 17 AN 8: 4 9 OFFICE OF TN- CITY CLERK l'INr' —.mnDr ? ^nnn NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 22, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport I am a citizen of the United States and a Beach. The City Council of the City of Newport Beach will consider the following: resident of the Count of Los An I Housing Element Update - An amendment to the Newport Beach General Plan incorpora- y Angeles; ling the 2008 -2014 Housing Element update. The proposed Newport Beach Updated Housing am over the age of eighteen years, and. Element is a comprehensive statement of the City's housing policies and it Is applicable not a a to or interested in the notice Citywide. The Housing Element serves as a guide for implementation City housing policy. The party t Housing Element Update examines current housing needs, estimates future housing needs, published. I am a principal clerk of the and establishes goals, policies, and programs pertaining to addressing those needs. Housing NEWPORT BEACH /COSTA MESA' programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, and realistic quantified DAILY PILOT, which was adjudged a housing objectives. newspaper of general circulation on NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has been prepared by the City of Newport Beach in connection with the application noted above. The Negative Declare - September 29, 1961, case A6214, and tion states that, the subject development will not result In a significant effect on the environ- June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday November 12, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on November 15, 2011 at Los Angeles, California Signature ment. It Is the present intention of the City to accept the Negative Declaration and supporting documents. This is not to be construed as either approval or denial by the City of the subject application. The City encourages members of the general public to review and comment on this documentation. Copies of the Negative Declaration and supporting documents are available for public review and inspection at the Planning Division or at the City of Newport Beach website at www oewportbeechcacoy All interested parties may. appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or,someone else ralsed at the public hearing (described In this notice) or In written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newoortbeachca.cov on the Friday prior to the hearing. For questions regarding details of the project please contact Jaime Murillo, at 949 -644 -3209 jmurillo ®newportbeachoa.gov. Project File No.: PA2008 -078 Activity No.: General Plan Amendment No, GP2008 -003 Lolled Brown, City Clerk City of Newport Beach