HomeMy WebLinkAbout13 - Housing Element ImplementationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 13
September 27, 2005
TO: HONARABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Brandon Nichols, Assistant Planner
(949) 644 -3234 bnichols(a)citv.newport- beach.ca.us
SUBJECT: Housing Element Implementation -Annual Progress Report
RECOMMENDATION:
1. Review, file and forward the Annual Housing Element Implementation
Report to the State Department of Housing and Community Development;
and
2. Review the attached letter to the State of California's Office of Planning
and Research and authorize staff to submit this letter.
DISCUSSION:
On September 22, 2005, the Planning Commission will review, file, and forward
the Annual Housing Element Implementation Report and General Plan Ppdate
letter to the City Council for final review. The report and letter have been
prepared pursuant to California Government Code Section 65400.
California Government Code Section 65400(b)(1) requires all cities and counties
to submit an annual General Plan Progress Report to their "legislative bodies,"
the State Office of Planning and Research (OPR), and the State Department of
Housing and Community Development (HCD). The purpose of the report is to
provide information on the status of the General Plan and the progress made in
implementing its programs and goals. The report must also contain information
on the City's progress in meeting its share of regional housing needs and efforts
to remove governmental constraints to the maintenance, improvement, and
development of housing for all income levels.
Since the City is in the process of conducting a comprehensive update of its
General Plan, an annual review of the entire General Plan is not required at this
time. Consistent with the guidelines from OPR, the City will submit a brief letter to
Housing Element Implementation
Annual Progress Report
September 27, 2005
the State describing the scope of work for the General Plan Update and its
anticipated completion date. The status of the General Plan Update does not,
however, exempt the City from completing the housing portion of the annual
report.
As required by State Housing Element Law, staff has completed a detailed
Housing Element Implementation Report which provides the following
information: (A) a review of the City's progress in fulfilling its share of the
Regional Housing Needs Assessment; (B) a complete detailed status report on
the implementation of each of the housing programs of the City's Housing Plan;
and (C) a review of actions and programs adopted to remove or mitigate
governmental constraints on the development of housing for all income levels.
Since the City is in the midst of updating its General Plan, the report contains an
additional section that discusses the options for future residential development
that are being considered as part of the General Plan Update (D).
The Planning Commission staff report, including the Annual Housing Element
Implementation Report and general plan update letter, is attached as Exhibit A.
Environmental Review
Not subject to CEQA, as the action is not a project as defined in Section
15378(b)(4) of the Public Resources Code.
Prepared by:
Brar�on Nichols
Assistant Planner
Attachment:
A. Planning Commission Staff Report
Submitted by:
atricia emple
Planning Director
2—
Attachment "A"
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 6
September 22, 2005
TO: PLANNING COMMISSION
FROM: Planning Department
Brandon Nichols, Assistant Planner
(949) 644 -3234, bnichols @city.newport - beach.ca.us
SUBJECT: Housing Element Implementation -Annual Progress Report
RECOMMENDATION:
1. Review, file and forward the Annual Housing Element Implementation
Report to the City Council for final review.
2. Review and approve the attached letter for submittal to the State of
California's Office of Planning and Research.
DISCUSSION:
California Government Code Section 65400 requires the City to file an annual
report every October to its "legislative body," the State Office of Planning and
Research (OPR), and the State Department of Housing and Community
Development (HCD). The report is required to provide information on the status
of the General Plan and the City's progress in implementing its programs as well
as its progress in meeting regional housing needs goals. The City must also
report on its efforts to remove governmental constraints to the maintenance,
improvement, and development of housing for all income levels.
Since the City is in the process of conducting a comprehensive update of its
General Plan, an annual review of the entire General Plan is not required at this
time. Consistent with the guidelines from OPR, the City will submit a brief letter
to the State describing the scope of work for the General Plan Update and its
anticipated completion date.
L11
Housing Element Implementation
Annual Progress Report
September 22, 2005
As required by State Housing Element Law, staff has completed a detailed
Housing Element Implementation Report which provides the following
information: (A) a review of the City's progress in fulfilling its share of the
Regional Housing Needs Assessment; (B) a complete detailed status report on
the implementation of each of the housing programs of the City's Housing Plan;
and (C) a review of actions and programs adopted to remove or mitigate
governmental constraints on the development of housing for all income levels.
Since the City is in the midst of updating its General Plan, the report contains an
additional section that discusses the options for future residential development
that are being considered as part of the General Plan Update (D).
A draft letter explaining the status of the comprehensive General Plan update
process to the Office of Planning and Research is also attached as Exhibit 2.
Environmental Review
Not subject to CEQA, as the action is not a project as defined in Section
15378(b)(4) of the Public Resources Code.
Prepared by: Submitted by:
Brandon Nichols Patricia Temple
Assistant Planner Planning Director
Exhibits:
1. Housing Element Implementation Report
2. Draft letter to OPR on status of General Plan Update
Exhibit 1
CITY OF NEWPORT BEACH
HOUSING ELEMENT IMPLEMENTATION REPORT
Fiscal Year 2004 -2005
The Newport Beach Housing Element was adopted in August, 2003. Since then,
City staff has been diligent in their attempts to implement the Housing Element's
many goals and programs. This report evaluates each program and describes
attempts made to pursue program and goal fulfillment.
California Government Code Section 65400 specifically mandates that the report
provide the following information: (A) a review of the City's progress in fulfilling its
share of the Regional Housing Needs Assessment; (B) a complete detailed
status report on the implementation of each of the housing programs of the City's
Housing Plan; and (C) a review of actions and programs adopted to remove or
mitigate governmental constraints on the development of housing for all income
levels. Since the City is in the process of updating its General Plan, an additional
section (D) has been included that briefly discusses the options for future
residential development that are being considered as part of the General Plan
Update.
A. PROGRESS IN MEETING REGIONAL HOUSING NEEDS
(RHNA GOALS)
The Southern California Association of Governments (SCAG) prepared a
Regional Housing Needs Assessment (RHNA) to identify the housing need for
each jurisdiction within the SCAG region. SCAG, through the RHNA process,
has assigned Newport Beach a certain share of housing units that it should
provide between the 1998 — 2005 planning period in an effort to satisfy housing
needs resulting from the 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 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
-Z
the County to fulfill its allocation. However, since the County 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. Data regarding the
number of issued building permits has been requested from the County of
Orange but not yet received.
The table below indicates the future need for housing in Newport Beach and its
distribution by income group as calculated through the RHNA process (excluding
Newport Coast).
TOTAL RHNA CONSTRUCTION NEED BY INCOME
1998 -2005
VERY LOW
LOW
MODERATE
ABOVE MODERATE
TOTAL
86
53
83
254
476
18%
11%
17%
53%
100%
The City Building Department 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 the following table illustrating the total number
of new additional units that were permitted during the RHNA period of 1998-
2005.
TOTAL NUMBER OF NEW ADDITIONAL HOUSING UNITS PERMITTED
DURING RHNA PERIOD 1998 -2005
FISCAL YEAR
NEW UNITS
DEMOLISHED UNITS
TOTAL ADDITIONAL
UNITS
1 6 MONTHS OF 1998
315
180
135
1998 -1999
1018
158
860
1999 -2000
742
258
484
2000 -2001
234
168
66
2001 -2002
159
130
29
2002 -2003
162
174
-12
2003 -2004
198
162
36
2004 -2005
329
170
159
TOTAL
13157
1400
1757
The City issued a total of 1,757 new additional residential building permits during
the 1998 -2005 RHNA period. This number well exceeds the total 476 units
projected by SCAG. During the 2004 -2005 reporting period the City issued 159
permits for new additional dwelling units. 120 of the new units are a result of
building permits issued for the Bayview Landing Senior Affordable Housing
Project. With the exception of one "mangers unit' all of the 120 units are
designated for very low and low income seniors.
0
Issuance of building permits for the Bayview Landing project represents a major
milestone for the City. It signals the completion of a major Housing Element goal
and represents a significant step towards providing the City's share of very low
and low income units as defined in the City's RHNA allocation. Upon completion
in early 2006, the Bayview Landing Project will provide 24 units in the "Very Low'
income category and 95 units in "Low" Income category. The table below
summarizes the City's progress in meeting its share of regional housing needs.
CITY'S PROGRESS IN MEETING IT'S SHARE OF THE REGIONAL HOUSING NEEDS
ASSESSMENT DURING RHNA PERIOD 1998 -2005
GOAL
VERY
Low
MODERATE
ABOVE
TOTAL
deterioration of existing
Low
neighborhoods by strictly enforcing
MODERATE
PROJECTED NEED
86
53
83
254
476
TOTAL NEW UNITS
24
95
0
1637
1757
PERMITTED
outdoor storage, or other situations
The Water Quality and Code
1/98 -6/05
Enforcement Department
fire hazards.
continually administers an
REMAINING NEED
62
0
83
0
147
B. HOUSING PROGRAM IMPLEMENTATION STATUS
GOAL 1
PROGRAM
GOAL
STATUS
1.1.1
Improve housing quality and prevent
On -going
deterioration of existing
neighborhoods by strictly enforcing
The Uniform Housing Code
building code regulations and abating
is Adopted and continually
code violations and nuisances.
enforced by the Building
Enforcement activities will focus on
Department and Code
property maintenance, eliminating
Enforcement Department.
derelict or abandoned vehicles,
outdoor storage, or other situations
The Water Quality and Code
that may constitute health, safety or
Enforcement Department
fire hazards.
continually administers an
enforcement program to
correct violations of
municipal codes and land
use requirements.
A quarterly report is kept on
file on code enforcement
activities throughout the City.
I
1.1.2
Reduce the potential for criminal
On -going
activity by providing guidelines for
maintaining the security of existing
Planning staff recommends .
development with emphasis on site
design elements to maintain
design (such as security lighting,
security and coordinates
vegetation removal, electronic garage
plan review with Newport
door openers, window security and
Beach Police Department.
other crime prevention techniques).
A brochure was created and
placed in the public lobby
containing Guidelines for
Maintaining Home Security.
1.1.3
Promote the maintenance and
Out -dated and
upkeep of rental housing by
unenforceable
encouraging the California State
Franchise Tax Board to enforce the
This program will be deleted
Tax Code preventing owners of rental
from the Housing Element
housing from claiming depreciation,
during the next update cycle.
amortization, mortgage interest and
property tax deductions on State
Income Tax Reports.
1.1.4
Continue to participate with the
On -going and Pending
OCHA and HCD in their
administration of rehab loans and
Research is in progress and
grants for low- and moderate- income
an analysis of different
homeowners and rental property
programs and the financial
owners to encourage preservation of
feasibility of participating in
existing housing stock.
these programs will be
assessed.
1.1.5
Continue to require replacement of
On -going
housing demolished within the
Coastal Zone when housing is (or
Chapter 20.86 of the Zoning
has been) occupied by low- and
Code, "Low and Moderate
moderate households within the last
Income Housing within the
12 months). The City shall prohibit
Coastal Zone," establishes
demolition unless a Coastal
the standards and
Residential Development Permit has
requirements to implement
been issued. The specific provisions
this program.
implementing replacement unit
requirements are contained in
Municipal Code Section 20.
1.1.6
Participate in a cooperative program
On -going and Pending
with the OCHA and Community
Development program office for
Research is in progress, and
administration of the HUD Rental
an analysis of different
Rehab Program. Energy efficient
programs and the financial
I�1>
products shall be required when
feasibility of participating in
appropriate.
these programs will be
assessed.
1.1.7
Should need arise, consider using a
Pending
portion of its CDBG funds for
establishment and implementation of
Staff will prepare a study to
an emergency home repair program.
analyze whether or not a
Energy efficient products shall be
need for this program exists.
required whenever appropriate.
If it is determined that a need
exists, a program will be
develo ed.
1.2.1
As part of its annual General Plan
On -going
Review, the City shall provide
information on the status of all
Due to the comprehensive
housing programs. The portion of the
General Plan Update, the
annual report discussing housing
City is not conducting an
programs is to be distributed to HCD
annual General Plan review.
in accordance with State law in
Consistent with the
January of each year via US postal
guidelines from the State
service.
Office of Planning and
Research (OPR), the City will i
be presenting OPR with a
brief letter describing the
scope of work for the General
Plan Update and the
anticipated completion date.
1.2.2
Investigate availability of Federal,
Pending
State and local programs (including
in -lieu funds) and pursue these
Research is in progress, and
programs if found feasible, for the
an analysis of different
preservation of low- income housing
programs and the financial
that may increase to market rates
feasibility of participating in
during the next ten years. A list of
any of these programs (if
these programs, including sources
any) will be assessed.
and funding amounts will be identified
as part of this program and
maintained on an on -going basis.
1.2.3
As part of the annual GP review,
On -going
monitor existing programs designed
to preserve assisted housing
development for very low- and low -
income households to determine
whether additional actions are
available and should be required to
protect these developments.
1.3.1
Continue to contract with the OC Fair
On -going
Housing Council for administration of
the Fair Housing Program including
The City contracts with the
updating the analysis of impediments
OC Fair Housing Authority
to fair housing. In addition, continue
annually.
to contract with OCHA to refer fair
housing complaints. Pamphlets
The Regional Fair Housing
containing information related to fair
Impediments Analysis was
housing complaints will continue to
completed in 2000.
be provided to the public at the
Planning Department.
Pamphlets containing
information of Fair Housing
and Dispute Resolution
Services are provided at the
public counter.
1.3.2
Support fair housing opportunities by
On -going
using CDBG funds whenever
necessary to enact Federal, State
For the 2004 -2005 Fiscal
and City fair housing policies.
Year, Newport Beach
allocated $13,884 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.
1.4.1
Monitor progress on each program
On -going
and periodically report findings to the
Planning Commission and City
In conjunction with Program
Council.
1.2.1, staff will present the
Planning Commission and
the City Council with an
annual status report for their
review and approval prior to
submission to HCD.
1.4.2
Whenever land use regulations, land
On -going
use designations or Housing
Programs are proposed for adoption
This is a standard procedure
or modification, the City of Newport
for all Planning Department
Beach Planning Department shall
staff. Consistency with the
undertake an analysis to determine if
General Plan is a standard
the proposed action or regulation is
finding of approval.
consistent with the Housing Element,
all other elements of the General
If an inconsistency exists,
Plan, and with all adopted City
staff takes the appropriate
Council policies. If the proposal is
actions to amend policies,
GOAL 2
inconsistent, the policy, plan or
Element shall be amended in
conjunction with approval of the
proposed regulation or action to
ensure consistency. Consistency
shall be achieved whenever a
regulation, action or project is
approved.
plans, or Elements to ensure
consistency.
1.5.1
Investigate the use of Federal funds
Pending
On -going
to provide technical and financial
restricting conversions of rental units
assistance, if necessary, to all eligible
Research is in progress, and
A vacancy rate survey is
homeowners and residential rental
an analysis of different
completed every quarter to
property owners to rehab existing
programs and financial
monitor consistency with this
dwelling units through low- interest
feasibility of participating in
policy.
loans or potential loans, or grants to
these programs will be
very low, low, and mod - income owner
assessed.
occupants.
1.5.2
Periodically inform mobile home
Pending
owners of financial assistance
available from State HCD for eligible
Research is in progress, and
owner- occupants to rehab existing
an analysis of different
dwelling units through deferred
programs and financial
payment low- interest loans.
feasibility of participating in
these programs will be
assessed.
1.5.3
Per Government Code Section
On -going
65863.7, a Mobile Home Park
Conversion Permit shall be required
City staff requires special
as a prerequisite for conversion of an
permits for all proposed
existing mobile home park. In
conversions of mobile home
addition, the owner of the mobile
parks and as required by
home park shall provide a detailed
State Law, requires detailed
relocation impact report. The report
relocation impact reports.
shall be filed concurrently with filing
for any discretionary permit on such
property.
GOAL 2
PROGRAM
GOAL
STATUS
2.1.1
Maintain rental opportunities by
On -going
restricting conversions of rental units
to condominiums unless the vacancy
A vacancy rate survey is
rate in Newport Beach for rental
completed every quarter to
housing is 5% or higher for four (4)
monitor consistency with this
consecutive quarters, and unless the
policy.
2.1.2
2.1.3
2.1.4
property owner complies with
condominium conversion regulations
contained in Chapter 20.83 of the
Newport Beach Municipal Code.
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 low- and
moderate - income
housing
requirements.
The City Council and Planning
Commission shall have discretion to
review and waive planning and park
fees, and modify development
standards (e.g. parking, setbacks, lot
coverage, etc.) for developments
containing low- and moderate -
income housing in proportion to the
number of low- and moderate -
income units In each entire project.
Continue to encourage the California
State Department of Real Estate and
California State Department of
Housing and Community
Development to permit installation of
In 2004, a quarterly vacancy
rate survey was performed for
the calendar year and the
average vacancy rate for all
four quarters exceeded 5 %.
2005
• 1st Qtr. -6.1%
2nd Qtr.- 5.5%
3`d Qtr. (results pending)
On -going
Planning staff continually
evaluates all proposed
affordable housing projects for
potential incentives, including
expedient processing of
permits.
During the entitlement
process, the Bayview Landing
Senior Affordable Housing
Project was granted a partial
entitlement fee waiver,
expedited permit processing,
and entitlement assistance.
On -going
Staff continually evaluates
proposed affordable housing
projects to determine potential
incentives, including the
waiver of fees and flexibility
with development standards.
The Bayview Landing Senior
Affordable Housing Project
was granted a partial fee
waiver as a financial incentive.
On -going
The City of Newport Beach
continually complies with
State Law as it applies to the
IH
VS
mobile homes, factory-built housing,
permitting and installation of
or other construction technology,
mobile homes and factory
provided such products comply with
built housing.
development standards of the
community and are compatible with
planning, aesthetic, and other
applicable considerations of the
specific neighborhood in which such
product is proposed.
2.1.5
Continue to participate with the
On -going
County of Orange in the issuance of
tax exempt mortgage revenue bonds
The participation with the
to facilitate and assist in financing,
County of Orange in the
development and construction of
issuance of tax exempt
housing affordable to low and
mortgage revenue bonds is
moderate - income households. City
project driven. Usually the
staff shall encourage developers of
developer applies for the tax
remaining residential sites to use
exempt bonds.
tax - exempt mortgage revenue bonds
to facilitate construction of low- and
The City will encourage and
moderate - income housing.
inform developers of the use
and availability of tax exempt
bonds.
The Bayview Landing Senior
Affordable Housing Project
was awarded a total of
$4,583,727 in tax credits.
(See Bayview Landing status
report for details on project)
2.1.6
Develop and implement an annual
Completed
compliance- monitoring program for
units required to be occupied by very
It has been determined by the
low -, low -, and moderate income
County of Orange, that the
households as approved with the
affordable housing obligations
development of Newport Coast and
for Newport Coast have been
in accordance with the Newport
met through the provision of
Coast Affordable Housing
off -site affordable apartments.
Implementation Program (AHIP).
2.2.1
Continue to require a proportion of
On -going
affordable housing in new residential
developments or levy an in -lieu fee.
Staff continues to enforce the
The City's goal over the five -year
requirements for affordable
planning period is for an average of
housing and /or the payment of
20% of all new housing units to be
in -lieu fees. In addition, the
affordable to very low- and low-
City is in the process of
VS
i
income households. Given
updating its in -lieu fee and
considerations of proper general
affordable housing ordinance
planning, the CalifoMia
to reflect current land costs
Environmental Quality Act, project
and to clarify existing
development incentives, and
requirements.
government financial assistance, the
City shall either; a) require the
production of the housing units
affordable to very low- and low -
income households, or, b) require the
payment of an in -lieu fee, depending
on the following criteria for project
size:
(See Housing Element for specific
criteria).
2.2.2
The City shall provide more
On -going
assistance for projects that provide a
higher number of affordable units or a
The City will provide financial
greater level of affordability. More
assistance based on a project
than 20% of units shall be affordable
by project analysis, depending I
when assistance is provided from
on need and overall project
Community Development Block Grant
merits.
funds or the City's in -lieu housing
fund.
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. (See Bayview
Landing status report for
details on project
2.2.3
For new developments proposed in
On -going
the Coastal Zone areas of the City
(comprising approximately 40% of
Staff continues to implement
the area of Newport Beach), the City
the provisions of Chapter
shall require provision of housing
20.86 of the Zoning Code
affordable to persons or families of
(Low and Moderate Income
low- and moderate- income, where
Housing within the Coastal I
feasible in projects of 10 or more
Zone ").
units. Whenever practicable, the City
shall require they be located on -site;
The most recent instance of a
alternatively, the City may permit the
development project
developer to locate units off -site but
proposing to build more than
i
2.2.4
2.2.5
within the Coastal Zone, or within (3)
miles of the Coastal Zone (within
Newport Beach). All residential
developments of three units or more
within the Coastal Zone shall require
a Coastal Residential Development
Permit. Determinations of feasibility,
and procedures relating to provision
of low- and moderate - income
housing within the Coastal Zone,
shall be governed by Newport Beach
Municipal Code Title 20.
All required affordable units shall
have restrictions to maintain their
affordability for a minimum of 30
years.
Attempt to ensure that existing
landowners and prospective
developers are aware of affordable
housing development opportunities
available within the Newport
Banning Ranch, Bayview, and
Avocado /MacArthur properties.
10 new additional units within
the coastal zone was the
Cannery Lofts Mixed Use
Development project (PA
2001 -128). An affordable
housing feasibility study was
performed and it was
determined infeasible to
require 2 of the 22 units
proposed to be reserved for
moderate - income households.
Due to the finding of
infeasibility, the payment of an
in -lieu fee was required.
On -going
Staff continues to include this
affordability restriction as a
standard condition on all
affordable housing projects,
unless an otherwise longer
affordability covenant is
agreed upon.
A comprehensive affordable
housing ordinance is currently
being developed which will
clearly specify all conditions
for incentives, including the
minimum affordability period
of 30 years.
Bayview Landing was
required to provide a
restricted affordability
covenant of a minimum of 55
On -going
City staff continues to provide
prospective developers with
information on the City's
available land and its
incentive program.
For example, the land owner
l�I
2,
of the Avocado /MacArthur
property was notified of the
City initiated General Plan
Amendment to change the
land use designation of the
subject property from Open
Space to Multi - Family
Residential with a specific
opportunity for affordable
housing.
2.2.6
The Affordable Housing Task Force
On -going
and /or City staff shall periodically
contact known local developers and
The City Manager's Office and
landowners to solicit new affordable
Community and Economic
housing construction.
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.
2.2.7
The Affordable Housing Task Force
On -going
shall create a program for the
expenditure of in -lieu housing funds.
Upon completion of
developing an In -Lieu Fee
program and ordinance, a
meeting will be scheduled with
the Affordable Housing Task
Force to develop a program
for the expenditure of in -lieu
fees.
2.2.8
When it is determined to be of
On -going
benefit, the City shall participate in
other housing assistance programs
City staff continues to
that assist production of housing.
investigate feasible housing
assistance programs.
2.3.1
Newport Beach Staff and developers
On-going
2,
GOAL 3
of proposed major
GOAL
STATUS
commercial /industrial projects shall
Staff will research the idea of I
On -going
study housing impact(s) of such
developing housing impact
project(s) during the development
fees for all new commercial
The City has an automated
review process. Prior to project
and industrial developments.
tracking system in place.
approval, a housing impact
of all submittals. This will include
assessment shall be developed by
Staff will monitor all new
If a target date is missed, an
the City with the active involvement
planning applications for
email notification is sent to all
of the developer. Such assessment
applicability.
department supervisors.
shall indicate the magnitude of jobs
Implementation of this program
to be created by the project, where
began in September 2002 and
Efficiency of plan check review
housing opportunities are expected
operates on an on-going basis.
is monitored monthly to ensure
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 "Greenli ht" initiative.
2.3.2
As part of the comprehensive
On -going
General Plan Update, investigate the
potential of housing (including single
The General Plan Advisory
room occupancy hotel(s), and mixed
Committee continues to meet
use development in areas such as
to discuss various land use
Newport Center, Santa Ana Heights,
options, including the potential
Bay Knolls and JWA.
for these various forms of
housing.
The General Plan Update is
still in process will likely
extend into 2006.
GOAL 3
PROGRAM
GOAL
STATUS
3.1.1
Increase the efficiency of the
On -going
building permit process by insuring
that the initial plan review be
The City has an automated
completed within 4 weeks for 90%
tracking system in place.
of all submittals. This will include
an automated tracking system
If a target date is missed, an
allowing applicants to monitor plan
email notification is sent to all
check progress via the Internet.
department supervisors.
Implementation of this program
began in September 2002 and
Efficiency of plan check review
operates on an on-going basis.
is monitored monthly to ensure
a 90% success rate.
3.1.2
When a residential developer
On -going
agrees to construct housing for
persons and families of low and
The City considers density
moderate income, the City shall
bonuses and other incentives
either (1) grant a density bonus or
on a project by project basis,
(2) provide other incentives of
depending on the need and
equivalent financial value.
project merits.
3.2.1
Identify the following sites as
On -going
adequate, which will be made
available through appropriate
All three of these sites have
zoning and development standards
been identified in the Housing
and with public services and
Element under, "Inventory of
facilities needed to facilitate and
Land Suitable for Residential
encourage development of a
Development'. i
variety of housing types to meet
City housing goals as identified
Bayview Landing was approved 1
pursuant to Government Code
on February 25, 2003 by the
Section §65583(b): Newport
City Council and on November
Banning Ranch; Bayview Landing;
25, 2003 by the Coastal
and, Avocado /MacArthur.
Commission. Building permits
have been issued and project
is currently under construction
with an expected completion
date in early 2006 (See
Bayview Landing status report
for details on project)
A General Plan Amendment
Initiation was approved for the
Avocado / Macarthur site by the
City Council on April 27, 2004.
An Initial Study was completed 1 1
on August 9, 2004 in
conjunction with a Mitigated
Negative Declaration.
Publication of the notice to
adopt the Mitigated Negative
Declaration is temporarily on
hold until negotiations with the
property owner are completed.
i
The Avocado /MacArthur site
remains available for multifamily
development. However, a
project proposal has not yet
been received. Should the
property owner propose an
affordable housing project the
City will assist the owner in
completion of the General Plan
Amendment.
A project proposal has not been
received for the Banning Ranch
site.
3.2.2
Require the developer(s) of the
Pending project completion
4.5 -acre site located on the
southwesterly corner of the
intersection of Jamboree Road and
Back Bay Drive (known as the
Bayview Landing site) to provide
approximately one hundred twenty
(120) residential units for low -
income senior households. The
City shall assist the developer(s)
by streamlining the discretionary
application process and by
granting a density bonus of twenty -
five percent (25 %) for the project.
Additionally, the City may consider
using a portion of fees collected
from other projects paid in -lieu of
providing affordable residential
i
units to facilitate meeting the City
Affordable Regional Housing
Needs Assessment construction
requirements on said Bayview
Landing site.
3.2.3
Encourage the developer(s) of a
Pending
3.5 -acre site located northerly of
San Miguel, easterly of Avocado
GPA Initiation Approved
Avenue, and westerly of MacArthur
. PC- April 8,2004
Boulevard (known as the
. CC- April 27,2004
Avocado /MacArthur site) to
provide at least fifty -six (56)
multiple - family residential units for
Senior Citizen Households. The
City shall assist the developer(s)
by initiating a Change of Zone
within one (1) year of certification
of this Housing Element to allow
3.2.4
3.2.5
such senior residential units on
said site, by considering a "density
bonus" and /or other incentives,
and by streamlining the
discretionary process.
Additionally, the City may consider
using a portion of fees collected
from other projects paid in lieu of
providing affordable residential
units to facilitate meeting the City's
Very Low -, Low -, and Moderate -
Income Regional Housing Needs
Assessment construction require-
ments on the Avocado /MacArthur
site.
When requested by property
owners, the City of Newport Beach
shall continue to approve rezoning
of developed or vacant property
from non - residential to residential
uses when appropriate. These
rezoned properties shall be added
to the list of sites for residential
development.
The City shall consider a potential
reduction of commercial zoning
within some of its village
commercial areas within the
Coastal Zone to allow for
additional residential development.
Economic feasibility studies to
support such a reduction will be
evaluated concurrently with the
City's General Plan Update
projected for completion in 2005.
On -going
The City continually monitors
requests for zone changes of
vacant and developed
properties from non - residential
to residential and approves
when determined to be
compatible and feasible. When
approved, these sites are
mapped for residential uses on
both the zoning district map
and General Plan Land Use
Map.
Several commercial areas in the
Coastal Zone have been
identified as having the potential
for mixed use
(residential /commercial)
developments. These areas are
currently being evaluated as
part of the General Plan Update
EIR and in the review and
formation of General Plan
polices.
The General Plan Update is
?2
Z_�>
expected to be completed in
2006.
3.2.6
Encourage the participation in a
On -going
Joint Powers Authority of Orange
County jurisdictions for the
On September 24, 2002, the
purpose of financing and
City Council authorized the City
administering a lease purchase
Manager to execute a Joint
program for first -time homebuyers.
Powers Agreement for
membership in the Agency and
attend Agency meetings and
take any and all actions
necessary to coordinate the
City's voting membership in the
Agency and participation in the
Lease -to- Purchase Program.
However, due to extreme rises
in home prices in the last two
years, the program was
deemed infeasible and never
executed. In December of 1
2003, the program was updated
to respond to changes in the
housing bond market.
The Joint Powers Agreement
was recently executed in
August of 2004.
The City has posted information
on the program on the website
and plans to create an
informative flyer /brochure to
advertise the program to the
public.
3.27
Continue to participate as a
On -going
member of the Orange County
Housing Authority Advisory
City Staff regularly attends the
Committee and work in cooperation
quarterly meetings of the Cities
with the Orange County Housing
Advisory Committee.
Authority to provide Section 8
Rental Housing Assistance to
In addition, staff continually
residents of the community. The
works in cooperation with the
City shall, in cooperation with the
County to provide Section 8
Housing Authority, recommend and
rental housing assistance to
request use of modified fair market I
residents.
Z_�>
rent limits to increase number of
housing units within the City that will
be eligible to participate in the
program. The Newport Beach
Planning Department 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 is currently working
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 our City website
to provide information on the
Section 8 program.
GOAL 4
PROGRAM
GOAL
STATUS
4.1.1
Periodically contact owners of
On -going
affordable units for those
developments listed on Table 29 to
Staff is currently updating the
obtain information regarding their
contact list for affordable
plans for continuing affordability on
units. A survey maybe
their properties.
developed and sent out
annually to each contact.
4.1.2
Consult with property owners
Pending
regarding CDBG funds and in -lieu
funds to maintain affordable housing
Will be discussed during the
opportunities in those developments
AHTF meetings in
listed in Table 29.
conjunction with Program
2.2.7.
4.1.3
Prepare written communication for
On -going
tenants and other interested parties
about OCHA Section 8 renewals to
Information pamphlets
assist tenants and prospective
informing prospective tenants
tenants to acquire additional
and landlords about the
understanding of housing law and
OCHA Section 8 program
related policy issues.
have been made available in
the public lobby.
In addition, information about
the Section 8 program has
been posted on the City
website.
4.1.4
Continue to pursue Community
Pending
2L
Development Grant Funds to facilitate
construction of housing for very low -
and low- income households. Use of
CDBG funds may include but shall
not be limited to site acquisition, "off-
setting" of land and /or construction
costs.
The use of CDBG funds for
the purpose of facilitating
construction of housing for
very low- and low- income
households will be
discussed in conjunction
with Program 2.2.7 and
4.1.2 at the next AHTF
GOAL 5
PROGRAM
GOAL
STATUS
5.1.1
Apply for US Department of Urban
On -going
Development CDBG funds and
allocate a portion of such funds to
The Action Plan for Fiscal year
sub - recipients who provide shelter
2004/2005 has been approved
and other services for the homeless.
and the City will provide
funding to the following
organizations to preserve the
supply of emergency and
transitional housing: Orange
Coast Interfaith Shelter,
Serving People In Need
(SPIN), WISEPIace, and
Mercy House.
The following organization is
funded to assist homeless
individuals and to prevent
those "at- risk" of become
homeless: FISH Harbor
The following organization has
been funded to assist
homeless battered women and
children: WISEPIace
5.1.2
As a condition of receiving housing
On -going
funding through the City, the City
shall require social service agencies
Reports are submitted on a
receiving such funds record
quarterly basis with each
information on clients they serve
invoice from CBDG recipients.
and provide an annual audit of their
These records are kept on file
activities.
at the grant administrator's
office MDG .
5.1.3
5.1.4
5.1.5
5.1.6
Cooperate with OCHA 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.
Loans would be repaid or forgiven
on an ability to pay basis. Health
and safety deficiencies would
receive priority. Modifications for
accessibility also would be
appropriate. Administration of funds
would be the responsibility of the
OCHA. Cooperation with OCHA will
include continuing City of Newport
Beach participation in the OC
Continuum of Care and continuing
to provide CDBG funding.
Continue to permit development of
senior citizen housing facilities in all
residential and commercial zoning
districts pursuant to Zoning Code
Sections 20.10.020 and
20.15.020(b).
Continue to permit, where
appropriate, development of
"granny" units in single - family areas
of the City. Consider amending the
zoning code to allow approval of
"granny units" at the staff level
instead of by the Planning
Commission.
Consistent with the development
standards in residential and
commercial areas, continue to
permit emergency shelters and
transitional housing under group
housing provisions in its Zoning
Code.
Pending
Research is in progress, and
an analysis of different
programs and the financial
feasibility of participating in
these programs will be
assessed.
On -going
Bayview Landing is a senior
affordable housing project
consisting of 120 units. All
units are age restricted to
those 62 years of age and
older. (See Bayview Landing
status report for details on
On -going
Code Amendment No. 2003-
001 (PA 2003 -054) was
approved by City Council May
13, 2003 to grant the Planning
Director approving authority
over Second Unit Use Permits,
rather than the Planning
Commission.
On -going
Emergency shelters and
transitional housing are
monitored for compliance with
the development standards
regulations contained in the
'.Co
_�i_l
Zoning Code.
5.1.7
The City of Newport Beach shall
On -going
investigate State Housing
Opportunities for Persons With
On February 9, 2005, the City
AIDS ( HOPWA).
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.
5.1.8
Notify residential developers (upon
On -going
application for a discretionary
permit) and to interested individuals
Project planners regularly
and families, the following Table,
inform developers about
entitled 'Public and Private
affordable housing
Resources Available for Housing
opportunities and programs.
and Community Development
Activities. (Table included in
Appendix 4
5.1.9
By December 2003, the City shall
Completed
analyze and determine whether
_�i_l
there are constraints on the
development, maintenance and
improvements of housing intended
for persons with disabilities,
consistent with SB 520 enacted Jan.
1, 2002. If any constraints are
found, the City will take subsequent
actions within 6 months of the
completion of the evaluation. The
analysis will include an evaluation of
existing land use controls, permit
and processing procedures and
building codes. If any constraints
are found in these areas, the City
will initiate actions to address these
constraints, including removing the
constraints, or providing reasonable
accommodation for housing
intended for persons with
disabilities.
As required by SB520, a
Constraints Analysis report
was completed in January
2004, however due to
anticipated changes to the
Zoning Code pertaining to
"Residential Care Facilities ",
the report was postponed until
a resolution was adopted. The
City has adopted amendments
to the Zoning Code which
includes the addition of a
Federal Exception Permit
process as a mechanism for
persons to request a
reasonable accommodation
pertaining to residential care
facilities for 7 or more persons
within residential zones.
Changes have been made to
the SB520 Constraints
Analysis consistent with the
amendments and the report
was submitted to HCD on July
20, 2004.
C. MITIGATING GOVERNMENTAL CONSTRAINTS
In accordance with Senate Bill SB520 and Newport Beach Housing Program
5.1.9, a thorough analysis of constraints on the development, maintenance and
improvement of housing for persons with disabilities was conducted in January of
2004. The analysis specifically addresses constraints related to zoning and land
use controls, permit and processing procedures, and building codes. Although a
potential constraint was recognized, the City of Newport Beach complies with
both the federal Fair Housing Act (FHA) and the California Fair Employment and
Housing Act (FEHA) in providing reasonable accommodations through the use of
existing regulatory procedures not specially designed for people with disabilities.
A potential constraint may exist at times when there are conflicts between the
California Building Code requirements pertaining to access and adaptability for
persons with physical disabilities and the Newport Beach Zoning Code
requirements. The City recognizes that a person with disabilities may require
special accommodations for retrofitting their existing residential units for
purposes of accessibility and safety. A remedy for dealing with these conflicts
between building code requirements for accessibility and adaptability, and the
City Zoning Code would be to amend Zoning Code Section 20.60, "Site
Regulations ", to incorporate a subsection which would allow the City to utilize a
"Director/ Staff Approval ". This type of approval is an existing administrative
review process and is intended to allow the review and analysis of conflicts and
requests for accommodations at the staff level. Staff is exploring this option as
part of a review of development standards contained in the zoning code.
D. THE GENERAL PLAN UPDATE
In order to accommodate City's fair share of regional population growth, a
significant part of the comprehensive General Plan Update process has focused
on identifying areas of the City that may be suitable for future residential
development. Since the City is largely built out, most of the options being
considered involve redesignating 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 a substantial number of new dwelling units. These two areas, in addition to
several others identified as possible new residential sites, are currently being
assessed in the EIR being prepared for the General Plan Update. Future
development in these areas would be subject to affordable housing regulations
and will yield additional affordable units or generate additional in lieu affordable
housing fees. The General Plan Update is scheduled to be completed in 2006.
�y
Exhibit 2
September 16, 2005
State of California Office of Planning and Research
Clearinghouse and Planning Unit
P.O. Box 3044
Sacramento, CA 95812 -3044
Subject: General Plan Annual Progress Report
Dear Sir /Madam:
In conformance with the Governor's Office of Planning and Research (OPR)
"Guidelines for the submission of General Plan Annual Progress Reports," the
City of Newport Beach is submitting this letter to inform you that the City is in the
process of a comprehensive update of the General Plan and will not be
submitting an Annual General Plan Report this year. However, the City will still
be providing the State Department of Housing and Community Development
(HCD) with the housing portion of the annual report illustrating the progress of
meeting our Regional Housing Needs and demonstrating the effectiveness of the
Housing Element in attainment of the community's housing goals and objectives.
The first phase of the General Plan Update, the "Visioning Process" was
completed in January of 2003. The Visioning Process brought together hundreds
of residents and business owners in the community to examine and discuss
crucial issues and provide direction for future policy decisions. Through a variety
of Visioning events, community members have spoken on how best to
characterize the City's identity, how to address pressures of physical
development, and how to balance environmental conservation with the need to
maintain and improve infrastructure and services. The community's deliberations
related to these issues will ultimately be considered as part of the General Plan
Update and policy formation.
The second phase of the General Plan Update process consisted of the
preparation and review of several technical studies and the identification of land
use alternatives for several identified "sub- areas" of the City. Four technical
studies, which focus on traffic and circulation, biological resources, hazards, and
the City's fiscal conditions have been completed and reviewed. In August, a land
use alternative for each sub -area was selected by the City Council for use in the
preparation of the EIR with input provided by the 37- member General Plan
Advisory Committee (GPAC), Planning Commission and the public.
-3> f
Currently, the General Plan Update Environmental Impact Report and related
technical studies are being prepared. Additionally, GPAC, the Planning
Commission and the City Council continue to meet on an on -going basis to
discuss issues and policies related to all General Plan elements. The General
Plan Update is expected to be completed in mid 2006.
If you have any questions or need further information, please contact Senior
Planner Gregg Ramirez at (949) 644 -3219 or by email at gramirez@city.newport-
beach.ca.us.
Sincerely,
Patricia Temple
Planning Director
cc: Lucetta Dunn, Director
Department of Housing and Community Development
1800 Third Street, Room 430
P.O. Box 952050
Sacramento, CA 94252 -2050