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Home My WebLink About01 - General Plan UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 1 January 31, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Gregg B. Ramirez, Senior Planner (949) 644 -3219, g ram irez (a) city. newport- beach. ca. us SUBJECT: General Plan Update Review of Draft Housing, Noise, and Harbor and Bay Elements Review Mariners Mile chapter of the Draft Land Use Element RECOMMENDATIONS Review the draft General Plan goals and policies related to the draft Housing, Noise, Harbor and Bay Elements and Mariners Mile chapter of the Land Use Element and give staff direction on the goal and policy language. DISCUSSION Housing Element The State Department of Housing and Community Development (HCD) is the agency responsible for ensuring that each jurisdiction maintains a Housing Element and implements the approved goals, policies and programs. Due to internal reasons, HCD has extended the timeframe of this element cycle until 2008. Therefore, the element before you is an update of the existing HCD certified 2000 -2005 document, which will technically becomes the 2000 -2008 element. Because we had to work hard to receive HCD's certification of the 2000 -2005 element, staff is trying to minimize changes to this element so that we can retain our certified status. The proposed changes are limited to those necessary to create consistency with the draft Land Use Element and the elimination of any repetitious programs. As with the other elements, Housing includes goals and policies, but unlike the others, State law requires that this element identify specific housing related programs. The bulk of the document consists largely of information and statistics required for inclusion by HCD and State law. Because of this, staff suggests the City Council focus their review on the goals, policies and programs section of the element. General Plan Update January 31, 2006 Page 2 Noise Element The Noise Element is another of the required General Plan elements. This element provides goals and policies for use in the planning process in order to maintain compatible land uses with environmental noise levels. Mariners Mile At the request of GPAC, staff and the consultant team have re- visited the Land Use Element policies related to mixed use development on the bay side of Coast Highway in Mariners' Mile. Attached for your review is recommend language as well as the Mariners' Mile section of the draft Land Use Element as previously recommended by the City Council. The staff and consultant team considered two approaches to this issue: 1) provide policy guidance on what the City is trying to achieve regarding protection of public views along Mariner's Mile, so that specific development regulations can be created in zoning; and 2) include specific regulations in the Land Use Element. Due to the unique nature of Mariners' Mile and the varied lot widths within it, staff and the consultant team strongly recommend including general language requiring the creation of view corridor regulations and possibly site design review for proposed projects. The creation of specific development regulations is also an option, but is much better suited to be included as part of the Zoning Code Update that will follow adoption of the General Plan. Staff believes that in order to create equitable regulations or site design requirements, a much more detailed analysis is necessary. Consequently, the regulations created as a result of such analysis logically belong in an implementation /regulation document, such as the Zoning Code, rather than a policy document such as the General Plan. Harbor and Bay Element The Harbor and Bay Element is an optional element originally adopted in 2001. Initially, stuff recommended that this element be incorporated into the Land Use Element with the Harbor and Bay identified as a district and many of the goals and policies transferred from the existing Harbor and Bay Element to other elements, such as Natural Resources and Circulation. The Harbor Commission reviewed this recommended approach on January 11 and 18, and recommended that the Harbor and Bay are such important resources to Newport Beach that they should be addressed in a separate element of the General Plan. Therefore, staff is now recommending that the Harbor and Bay Element remain a stand alone element with harbor related policies, such as those related to water quality, dredging, water transportation, etc. appearing in both the Harbor and Bay Element and the appropriate required element. Attached for your review are the first section of the Harbor and Bay Element, goals and policies as well as a chart outlining those goals and polices that will appear in both the Harbor and General Plan Update January 31, 2006 Page 3 Bay Element and a required element, as well as where they appear in the other elements. All of the other elements have already been reviewed by GPAC, the Planning Commission and City Council. The chart shows some changes to those policies recommended by the Harbor Commission, which staff supports. Conclusion These same documents will be reviewed by GPAC on January 28th and the Planning Commission in the afternoon of January 31St. Their recommendations will be presented to City Council at the meeting. Environmental Review An Environmental Impact Report (EIR) is being prepared as part of the General Plan Update process. Public Notice Notice of this meeting was published in the Daily Pilot, the agenda for these meetings which were posted at City Hall and on the city website. Prepared by: r, Gregg a irez, Vnior Planner Attachments: Submitted by: Sharon Z. Wood, istant City Manager A. Draft Housing Element B. Draft Noise Element C. Draft Mariners' Mile Policies and Mariners' Mile Chapter of the Draft LUE as Recommended by the City Council D. Draft Harbor and Bay Goals and Policies ATTACHMENT A Draft Housing Element 4 0 City of Newport Beach Housing Element I EXECUTIVE SUMMARY The 2000 -2008 Housing Element is an update and revision of the 1992 Element, and consists of new technical data, revised goals, updated policies, and a series of programs and implementing measures. The Element is designed to facilitate attainment of the City's Regional Housing Needs Allocation, and to foster the availability of housing affordable to all income levels to the extent possible given Newport Beach's constraints. Newport Beach is committed to achieving its housing goals and continues to encourage the development of additional housing units, wherever and whenever feasible. Since the Housing Element was adopted in 2003, the Bayview Landing project, a senior affordable housing development which received $1,754,119 in funds from the City's "in -lieu' housing fund reserves and $4,500,000 in tax credit financing, has been approved and constructed. This Element is part of a comprehensive General Plan update which included substantial community outreach. Through the 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, West Newport Mesa, and the Balboa Peninsula area. The City will continue to enforce the requirements of its inclusionary housing program that 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 20% 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 identifies the most appropriate use of in -lieu fee funds. The Task Force and staff continually investigate and research potential affordable housing opportunities. RHNA and City Responsibility The City has accepted, and is committed to meeting, its 1998 -2008 RHNA allocation (extended from June 30, 2005 by the State Department of Housing and Community Development) of providing 476 housing units. As of December 2005, the City has already fulfilled its requirement for above moderate income units, and with completion of the Bayview Landing project, will have a remaining RHNA allocation of 145 units (83 moderate units and 62 very low 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. 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 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 City will fulfill its obligation by implementing plans for Newport Coast approved by Orange County, and monitoring newly constructed affordable units that were permitted by the County prior to the annexation. Constraints and Opportunities The City is constrained in its effort to provide new housing opportunities due to many factors beyond its control 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 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 encourage the development of affordable housing on the above - mentioned sites and assist developers with the removal of site constraints. 2) Research sites and developments that could include affordable housing, such as infill, mixed - use and redevelopment opportunities. 3) Discuss the extension of affordability covenants with owners of existing affordable apartments. 4) Offer incentives to developers of affordable housing, including density bonuses, fee waivers, expedited permit processing, and the use of in -lieu fee fund. M CITY OF NEWPORT BEACH HOUSING ELEMENT CONTENTS Introduction........................................................................................... ............................... 3 I. Community Housing Market Analyses ............................................ ............................... 7 Housing Stock Characteristics .......................................................................... ..............................7 HousingUnit Projections ................................................................................. .............................20 PopulationTrends ........................................................................................... .............................22 Household Characteristics ............................................................................... .............................25 Employment Trends and Projections ............................................................... .............................30 Special Needs Population Groups ................................................................... .............................31 HousingNeeds ................................................................................................ .............................39 Inventory of Land Suitable for Residential Development ................................. .............................41 Energy Conservation Opportunities ................................................................. .............................53 Energy Conservation Opportunities ................................................................. .............................54 Nongovernmental Constraints ......................................................................... .............................55 Governmental Constraints ............................................................................... .............................57 II. Housing Plan: Goals, Policies, Quantified Objectives, and Programs ..................... 65 General Review of 1992 Housing Element and Housing Activities, 2000 - 2005 ............................66 Housing Element Coastal Zone Review .......................................................... .............................70 Year 2000 -2008 Housing Plan ........................................................................ .............................71 APPENDICES Appendix 1 Social Service Programs ................................................................. .............................81 Appendix 2 Agencies Providing Emergency Shelter and Assistance .................. .............................83 Appendix 3 Public and Private Resources Available for Housing and Community Development Activities ................................................................... .............................90 Appendix 4 Housing Element Amendments ....................................................... .............................96 FIGURES Figure1: Airport Area .......................................................................................... .............................47 Figure2: Newport Center .................................................................................... .............................48 Figure3: Banning Ranch .................................................................................... .............................49 Figure4: West Newport Mesa ............................................................................. .............................50 Figure 5: Balboa Peninsula, Cannery Village, Lido Village, McFadden Square ... .............................51 Figure6: Balboa Village ...................................................................................... .............................52 Figure 7: Old Newport Boulevard ........................................................................ .............................53 I TABLES Table 1 Net Additional and Total Housing Units, 1980 -2005 ............................... ..............................7 Table 2 Housing Unit Mix ( 2005) .......................................................................... ..............................8 Table 3 Residential Density by Area .................................................................... ..............................8 Table 4 Densities of Attached Housing ................................................................ ..............................9 Table5 Housing Tenure ..................................................................................... .............................10 Table 6 Percent of Renter Occupied Units .......................................................... .............................10 Table 7 Major Rental Projects ............................................................................. .............................11 Table 8 Condominium Conversion, 1995 -2005 .................................................. .............................12 Table 9 Overall Housing Unit Vacancy Rate Newport Beach, 1980 - 2000 ........... .............................13 Table 10 City Rental Apartment Vacancy Comparison ........................................ .............................13 Table 11 Mobile Home Parks .............................................................................. .............................15 Table 12 City of Newport Beach Assisted (and Affordable) Housing Summary ... .............................18 Table 13 Population Trends, 1980 -2005 ............................................................ .............................20 Table 14 Housing Trends, 1980 - 2005 ................................................................ .............................21 Table 15 Population Growth Orange County and Newport Beach, 1910 - 2010 ... .............................22 Table 16 Persons per Occupied Unit, 1970 - 2000 ............................................... .............................23 Table 17 Population by Age, City of Newport Beach, 1970 - 2000 ........................ .............................23 Table 18 School Enrollment, 1970 -2000 ............................................................ .............................24 Table 19 Racial and Ethnic Composition ............................................................. .............................25 Table 20 Racial and Ethnic Composition, Newport Coast ................................... .............................26 Table 21 Head of Household by Ethnicity, Newport Beach and Orange County, 2000 .....................27 Table 22 Median Household Incomes (1980 - 2000), Orange County and Newport Beach ...............27 Table 23 Income Group Housing Expenditure, 2000 ........................................... .............................28 Table 24 Employment— Newport Beach and Orange County .............................. .............................30 Table 25 UCI Off - Campus Housing Office Housing Costs for Newport Beach, 2000 .......................32 Table 26 Persons per Household ........................................................................ .............................34 Table 27 Projected Regional Demand in Newport Beach, 1998 - 2008 ................ .............................39 Table 28 Total Construction Need by Income, 1998 - 2008 .................................. .............................39 Table 29 Total Construction Need by Income Newport Coast, 1998 -2008 ......... .............................40 Table 30 Potential Residential Sites .................................................................... .............................46 Table 31 Summary of Zoning Code Provisions by District City of Newport Beach ............................58 Table 32 Comparison of Permit Fees — Nearby Jurisdictions, December 2005 ... .............................62 Table 33 residential development impact fees in newport beach ........................ .............................63 Table 34 Total Number of New Additional Housing Units Permitted During Period 1998 - 2005 ........ 67 Table 35 Remaining RHNA Allocation, 1998 - 2008 ............................................. .............................68 Table 36 Housing Goals, 2006 - 2008 .................................................................. .............................72 I� INTRODUCTION The City has completed a comprehensive General Plan update. This Housing Element has been updated to ensure consistency with the updated Land Use Element and includes more recent demographic and housing data. The Housing Element covers the RHNA allocation period of January, 1998 through June 30, 2008 (extended from June 30, 2005 by the State Department of Housing and Community Development). The Housing Element will be comprehensively updated in 2008 in response to the next RHNA allocation cycle of 2008 -2013. The California State Legislature has identified that the major housing goal of the State is the attainment of a decent home and suitable living environment for every California resident. In 1980, the Legislature added Article 10.6 to the Government Code and incorporated into law specific Housing Element Guidelines promulgated by the California Department of Housing and Community Development. This was the second revision to the original (June 17, 1971) Housing Element Guidelines. The 1980 revision was made in recognition of the significant role local planning play in pursuit of the State goal and to assure local planning effectively implements State housing policy. The State 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 year 2000 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. • 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 (5) years. The City of Newport Beach has prepared the following updated Housing Element in compliance with the established (extended) 2008 deadline for jurisdictions within the Southern California Association of Governments region. Newport Coast Annexation On January 1 2002, the City incorporated over 7,700 acres of the land between its southern boundary and the Crystal Cove State Park. The updated year 2000 Housing Element was drafted prior to the annexation of Newport Coast and therefore does not include a detailed analysis of the area's demographics or an inventory of vacant lands suitable for new affordable housing. Census data is not available for Newport Coast since it was developed after the 2000 Census. However, wherever possible, data pertaining to Newport Coast has been included in this Element. A more comprehensive update will be initiated at the time of the next Housing Element Update. In addition, the Regional Housing Needs Assessment figures for Newport Coast have been included as well as a discussion of the proposed programs intended to achieve affordable housing goals for the area. Data Sources Various sources of information have been consulted in preparing this Housing Element. The 1990 and 2000 U.S. 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 U.S. Census: Population and demographic data from the State Department of Finance. School enrollment information from the State Department of Education and the Newport- Mesa Unified School District. Housing market information, such as home sales, rents, and vacancies, as updated by City surveys and property tax assessor files. • Local and County public and nonprofit agency information on special needs populations, available services, and systemic failures. Housing condition information provided by the City of Newport Beach. Orange County Progress Report (2000 and 2005) demographic information. 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, and; analysis and projection of population and employment; analysis of special population groups; analysis of housing need; inventory of land suitable for residential development; analysis of opportunities for energy conservation; non - governmental constraints to housing production; and governmental constraints to housing production. II. 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 eight year period between June 2000 and June 2008; 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 the review of the Housing Element as frequently as appropriate and to evaluate effectiveness of housing goals, objectives, and policies in contributing to attainment of the State housing goal. Additionally, the City is required to evaluate 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 1989 -1994 Housing Element. Public Participation Opportunities for residents to recommend strategies for, and review and comment on the Newport Beach Housing Element were an important component of the General Plan update, including the Housing Element. The State requirements for housing elements were reviewed with the General Plan Advisory Committee (GPAC), a group of 38 citizens appointed by the City Council to review policies in the updated General Plan. GPAC considered the need for housing in developing their recommendations for the Land Use Element, and reviewed the draft Housing Element at a public meeting on January 28, 2006. The Planning Commission and City Council conducted study sessions on February 7, 2006 to review the draft element. Notification of the study session was posted at various locations throughout the community and a '/4 page ad was placed in the local newspaper inviting the public to attend. In addition, copies of the Element were made available for review at various locations such as City Hall, the numerous libraries and the Newport Mesa Unified School District offices. A copy of the draft was sent to the State Department of Housing and Community Development after comments from the Study Session were incorporated into the draft. After review and preliminary approval of the draft by HCD, public hearings will be held before the Planning Commission and City Council prior to adoption. Prior to all public hearings, notification was published in the local newspaper, and provided by mail to individuals and interest groups listed in the appendix and to Homeowner Associations and major known developers. Copies of the Draft were available for public review at Newport Beach City Hall, all public libraries in the City and the Newport-Mesa Unified School District administrative office. The document was also posted on the City's website. Time Period Covered by the Housing Element The Housing Element covers the RHNA allocation period of January 1, 1998 through June 30, 2008 (extended from June 30, 2005, by the State Department of Housing and Community Development). 5 1$ 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 2008 in accordance with state law. I. COMMUNITY HOUSING MARKET ANALYSES Housing Stock Characteristics Residential Growth and Dwelling Unit Types Between 1980 and 2005, 11,127 housing units were added to the housing inventory in the City of Newport Beach. This indicates an average yearly increase in the housing stock of approximately 328 housing units. Since 1990, this rate of increase has slowed. Between 2001 and 2005, an average of 200 to 300 housing units per year was added to the housing stock with exception of 2003, which included the annexation of Newport Coast. Year Total Housing Units at Net Change in Housing Units Beginning of Year 1981 32,249 152 1983 32,510 225 Maw X735 1 r;J8 1985 32,843 216 1987 33,365 971 1989 N/A 1991 35,275 4{ -14 1993 35,527 88 1995 35,59833} 5 1997 35,978 347 1999 37,044 237 2001 37,779 212 �sFrt r i s �e 2003 41,590 3581 2005 42,143 292 Sources: City of Newport Beach State Department of Finance, Population Research Unit. 2005 * *Two year growth change 7 i �7 Total number of housing units as of January 1, 2005, was estimated to be 42,143. Mix and number of housing of the City according to the State Department of Finance are shown on Table 2. Residential Densities Residential densities in many older neighborhoods in the City of Newport Beach are very high, according to City figures that were estimated by dividing residential acreage by current dwelling unit counts. 1! Mow HOUSING - - R Number of Percent Housing Unit Type Units of Total ' _ E4h'eed - . ..... Single-Family Attached 7,166 17% Multi-Family 9,721 23.1% CFTY5�O A' x a 42 F4S 10Q Qa Source.:, Estimate t��e me n art nt o f Fiance 2Cb5 Residential Densities Residential densities in many older neighborhoods in the City of Newport Beach are very high, according to City figures that were estimated by dividing residential acreage by current dwelling unit counts. 1! 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 4. (-1 Number of Dwelling Gross Dwelling Units Per Pro'ect Acrea a Units Gross Acre Versailles Phase I 6.8 255 37.5 =, ISe 621 Lido Park Drive 1,7 36 21.2 : -a. 11 . . The Towers 0.5 28 54.3 Coronado 32.3 1,446 44.8 -11 -at . �a . a _,, Park Newport 53.2 1,306 24.5 IMBANAM ON Bayview Apartments 5.4 64 11.8 R'.+Y v Ba ood A artments 27.4 320 11.7 Granville 10.2 68 6.7 0-0 FP �ia=:a rt Bonita Canyon Apartments 57,70 1,052 18.2 The Colony 6.0 245 40.9 Source: City of Newport Beach Planning Department. (-1 Housing Tenure Tenure of housing in Newport Beach has varied as follows since 1980: r Y�0 Total Occupied Renter Units Owner Occupied Occupied T, ...14 8t$3v. °rr3 4&�5 °l0 1990 30,860 17,207 55.8% 13,653 44.2% ; 55.i- Sources: 1980, 1990, 2000 U.S. Census. 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 as follows: 10 19 diR Percent of Rental Housing New" o .41 ea „ Costa Mesa 59.5% Laguna Beach 39.9% 10 19 Since 1960, (when only 36% 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 7 lists the major rental projects in Newport Beach. In addition, the City contains many rented duplex, triplex, and fourplex units in older neighborhoods. 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. Currently under construction, the affordable housing development provides 120 units for very low and low income seniors. 11 t� 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 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 non - conforming by way of parking cannot be converted to condominiums. It is likely that these regulations will slow the rate of condominium conversions in the City. The total number of condominium conversions approved since 1995 is 346 units. The following table identifies the number of conversions each year between 1995 and 2005. Vacancy Rates The overall housing unit vacancy rate of the City of Newport Beach varied between 1980 and 2000 as shown in Table 9. 12 aD 1995 37 y 1997 20 R 'e, ,x _. ! 1999 30 re y 2001 43 2003 23 lKyWOR&W . .. .. �_ :1 � 2005 51 Source: City of Newport Beach Planning Department Vacancy Rates The overall housing unit vacancy rate of the City of Newport Beach varied between 1980 and 2000 as shown in Table 9. 12 aD FON Ni IS Vacancies as a % of Vacancies for sale as a Vacancies for rent as a all housing stock % of all housing stock % of all housing stock 1980 1 1 ,- 30% 6,]°n -. 1990 11.5% .8% 4.3% 2000 11.3% .9% 3.4% Sources �� 7-� census 1980;:1990, 200f� �'� �� 3 T% man eun,Pr res�i 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. From 1991 to 1996, this survey included only apartment vacancies. Results of the most recent surveys and the 2000 Census are provided on Table 10. 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% 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% were in substandard condition, while 2.5% and 2.6% 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 2000, through its ongoing 13 r l code enforcement program, the City Building Department identified only four 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. 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 five percent of the City's housing stock may be in the form of illegal units. While not considered to be safe and adequate housing, these units do provide living arrangements that tend to be considered more affordable than legal units. Accessory Dwelling Units The City's Zoning Code includes provisions for "granny units" (accessory, age- restricted units) which may be approved by the Planning Director in single and multi - family areas. Since adoption of the City's "accessory dwelling unit" provisions, 18 age- restricted units have been authorized and twelve constructed. Mobile Homes There are presently 972 mobile home spaces in ten (10) mobile home parks in Newport Beach. Nine of these parks contain 774 spaces occupied by permanent residents. The remaining homes are occupied by persons who use the units for vacations and weekend visits to the area. In total, the ten parks house 1,211 permanent residents. Space rents range from $500 to $3,000 (see Table 11). 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. Space rents depend on location of the space in relationship to the Bay and the size of the mobile home. One of these parks, Bayside Village, is occupied primarily by retired persons, a large portion of whom have occupied their mobile homes for 20 years or more. It should be noted that recently, many 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. The State 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. 14 22 # of Spaces Occupied Mobile Home Total # of by # of Park # of # of Spaces/ Permanent Permanent Rent/ Site Address Spaces Acres Acre Residents Residents Month ��side Ytllege -` k J t Beach and Bay Current 7204 W. Coast information Highway 47 1.41 33.33 45 77 unavailable M. Ebb Tide 1560 Placentia Avenue 77 4.16 18.51 76 109 $500-630 r'� v '' ms."3+t ..x' N a,' 4-- ',x'x& . 4'h�F q a�'��4 ` +`rt ' u §r'nf - ?lfi 2l} '.R. Harbor Current 1535 Superior information Avenue 40 1.92 20.83 38 48 unavailable � `ya �*'�' x4"*i€°'.!. 'i,�'� �`'° � k � E�� "��i- ``i�`� v �l*e t i -t �' s � ; s..r r�.�^• ' � -Y ' ';� p S i 4�+e5 '.z.i ? t t J f Y •YC� .;�.. v 'i Marina Park 1770 W. Balboa Blvd. 58 4.94 11.74 22 44 $865 -1,550 Seacliffe Mobile Park 890 West 15th Street 117 N/A N/A N/A N/A $755 -1,250 Source: The City of Newport Beach Planning Department. 15 23 Four mobile home parks are located either in West Newport on the north side of Pacific Coast Highway or in the West Newport Mesa. Space rents in these parks range upward from $500 per month. Many of these mobile homes are older, having been in parks since their development in the 1fr50s or 1960s. 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. Group Homes The term "group home" as used by HCD is interchangeable with the City's definition of a "residential care facility ". 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 7 or more persons are permitted in the following zoning districts with the approval of a use permit: Commercial Districts - RSC and APF zoning districts. industrial Districts - M -1 and M -1 -A zoning districts. Planned Community Districts - Property development regulations applicable to commercial and industrial districts, related to residential care facilities and SRO residential hotel uses, shall also apply to the corresponding portions of the PC Districts. Residential care facilities for 7 or more persons are permitted in the following zoning districts, with the approval of a Federal Exception Permit: Residential Districts— R -1.5, R -2, and MFR zoning districts. Planned Community Districts - Property development regulations applicable to residential districts, related to residential care facilities and Single Room Occupancy (SRO) residential hotel uses, shall also apply to the corresponding portions of the PC Districts. The establishment of residential care facilities is not restricted beyond the provisions of the zoning districts, nor is there a geographical spacing requirement or limitation on the number of residential care facilities that may be located within an area. However, a required finding of approval for a Federal Exemption Permit is that a "campus" would not be established in a residential zone if the permit were granted. A "campus" is defined as 3 or more buildings in a residential zone within a 300 yard radius of one another that are used together for a common purpose where one or more of the buildings provides a service for the occupants of all the buildings such as when one building serves as a kitchen /food service area for the occupants of the other buildings. The required finding was established to reduce the potential impact of the increase in traffic and number of commercial vehicles entering and leaving the area to neighboring residents. The use permit requirement for residential care facilities of 7 or more persons within commercial and industrial zones is justified because the impact of a semi - residential use on the surrounding commercial or industrial area should be carefully reviewed to avoid any possible adverse impacts and ensure compatibility between uses. The Federal Exception Permit for residential care facilities for 7 or more persons within residential zones is justifiable because the typical occupancy load of such a use would be larger than the typical occupancy load of conventional residential units permitted in residential zones and could impact the stability of the neighborhood. These provisions 16 should not result in an increase in the cost of housing. Rather, increases in the cost of housing are more directly related to the cost of land which is determined by the real estate market. Assisted Housing Stock Table 12 identifies developments by project name and address, type of governmental assistance received, earliest potential date of change from low income uses to non low- income uses and total number of elderly and non - elderly units that could be lost from City housing stock during 2000 -2005. In 1997, the Newport North Apartments converted from affordable status to market rate status, which caused the loss of affordability of fifty (50) units. The 28 affordable units within the Domingo Drive Apartment project are the result of a 1980 Settlement Agreement between a developer and an affordable housing advocacy group. The agreement required the units to be leased only to Section 8 certificate holders, at HUD fair market rents, for a period of 25 years. Realizing the agreement was soon to expire, the City contacted the current owner of the apartment complex to negotiate the extension of the affordability period for the project with subsidies from another housing developer needing to meet its inclusionary housing requirements. Unfortunately, the current property owner was unwilling to extend the affordability period and the City is expected to lose the 28 affordable units during the tenure of this Housing Element. No other inclusionary housing units have expiring long -term use restrictions during the tenure of this Housing Element. 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. Most were provided within new or existing apartment projects. In some cases, an in -lieu fee was assessed when the provision of housing was not feasible due to the small size of the development. The City also facilitated the teaming of market rate and affordable housing developers to produce required affordable housing. Over the last twenty years, this program has resulted in the provision of 620 affordable units. 17 18 �fo Summary The housing stock within the City of Newport Beach is comprised of a mix of housing types that cater to a wide spectrum of owners and renters. The City has housing densities and rental opportunities that are greater than that which can be found in the County as a whole. In addition, the housing stock is well maintained with very few housing units being classified as deficient. Vacancy rates in the city are adequate to accommodate changes in demand for housing within the city. 19 Housing Unit 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 2005 to be 83,120. Pursuant to the updated General Plan, ultimate residential capacity within the City of Newport Beach will be 54,705 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 2004 Southern California Association of Newport Beach is anticipated to grow steadily residents (39,443 households) by 2010. of Government (SCAG) projections, the population over the next several years, increasing to 89,527 The following tables 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 the period covered by this Housing Element, 2000 -2005. 20 Total Household Group Population Population Quarters 1985' 66,817 66,284 533 1995 68,920 68,199 721 V.iL:+. sh ��` £+�>Y!y kf . K I� '�� rr °� 'ddb 4 n7�!x4'a 4fi i.: 'ii,�iy� 4,, t��""�2�i''. r x..... n ��' ', '''€y, a,�rA`a _r ._ a. ,n .....n:o i +L.1.,!H. . ir:3 �. E�. ,Ft=i Y . .4s � <,� 4 2005 83,120 82,180 940 NIN I'lly 20 21 9 4 Total # Single Mobile Occupied Percent Pop/ of Units Family 2 to 4 5 or> Homes Units Vacant Household x',149., w.x. 1985* 32,843 19,078 5,836 7,052 877 29,605 9.86% 2.239 " H ._ -xa 1995 35,598 20,776 5,637 8,238 9y�4y�7. 31,512 11.48% 2.164 a1rt '�` �'' AW h IE.: Q *° . :. .. _i.. �F � : .u,`xa.•."� .. s. .:: {` N - 2005 26,804 5,475 9,721 863 37,545 10.91% 2.19 42,143 21 9 Population Trends The City rate of population growth exceeded the County rate of population growth through 1950. 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% between 1980 and 1990. Construction of housing developments contributed to an increase of City population of 15.2% between 1990 and 2000. The City growth rate was projected to decline by 2000 and beyond as vacant land becomes increasingly scarce. Population increases after 2000 generally were anticipated to be accommodated through 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. Supply of vacant land to support new residential development in the City of Newport Beach has diminished rapidly. Immigration, still a strong factor in population growth in Orange County, is a small contributor to population growth in Newport Beach. Projected data for Orange County provides additional evidence that vacant land throughout the County is diminishing. County population is projected to increase by 13.8% between 2010 and 2020. The City of Newport Beach population is projected to increase only 5.6% during that time period, representing a slowing of growth by almost 40 %. The 2000 Census estimates the vacancy rate to be 3.5% for Orange County in 2000. Of these vacant units, approximately 1% is used for seasonal, recreational or occasional use. 22 10 w y Orange County Newport Beach City Population as 1 7 .'• .. ONO f,. 5 't3'lEY iatl�r'_._OYOwtha E in :.- 1910 34,436 445 1.3% 1930 118,674 93.4% 2,203 146.4% 1.8% r X38 r x z 1950 216,224 65.4% 12,120 173.1% 5.6% M 7 3 2 1970 1,420,386 101.8% 49,442 86.1% 3.5% 1990 2,?4�10,556 24.7% 66,643 6.5% 2.8 %° xZ. 2010* 3,168,942 12.0% 83,737 9.1% 2.6% M i � r:� -tee, Sources: U.S. Census of Population and Housing and California Department of Finance. Projected 2000 - 2010 Data - Orange County Progress Report 2000). Supply of vacant land to support new residential development in the City of Newport Beach has diminished rapidly. Immigration, still a strong factor in population growth in Orange County, is a small contributor to population growth in Newport Beach. Projected data for Orange County provides additional evidence that vacant land throughout the County is diminishing. County population is projected to increase by 13.8% between 2010 and 2020. The City of Newport Beach population is projected to increase only 5.6% during that time period, representing a slowing of growth by almost 40 %. The 2000 Census estimates the vacancy rate to be 3.5% for Orange County in 2000. Of these vacant units, approximately 1% is used for seasonal, recreational or occasional use. 22 10 Use of units as second homes between 1970 and 1990 did not explain the reduction in population growth relative to increase in number of households. This trend instead was attributable to a sizeable reduction in average size of City households. Average household size in 1970 was 2.6; the 1980 Census reported an average household size of 2.2. Between 1980 and 1990, this rate increased to 2.3 persons per unit. Decreases in household sizes are occurring in most communities in California. 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. e w M, ' Mmffl 1970 1980 1990 2000 NVir` art, Bac Orange County 3.2 2.7 3.1 3.06 Sources: 1990 U.S. Census. Orange County Progress Report 2000 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 17 ( "Population by Age, City of Newport Beach 1970- 2000 "). Table 18 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. 23 / r <5 5-13 14-17 18-34 35-64 65+ Y %° of Total 4.7% 13% 7.7% 27.1% 37.6% 9.8% % of Total 2.9% 10.3% 6.8% 30.5% 39.6% 9.9% �,_ - i..... . r . ....Y. tt 1.« :: : `.... +�✓.. _ Vic. ' - n • of Total 2.7% 8.2% 6.1% 30.9% 40.4% 11.7% • 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% 8.4% 3.3% 23.1% 43.5% 17.4% .. ...- Sources: 19702 1980, 1990 and 2000 U.S. Census and 1976 Special Census for Newport Beach. 23 / These figures correspond to the age group 15-34. In addition, public school enrollment in the Newport-Mesa Unified School District increased at a rate significantly greater than population growth after 1990, as indicated on Table 18. R e TA$ r18 M =_` (3OX ENOt�l�Ef97(�2�00 1970 1940j% channel 1990 % chan a 2000 % chan e irA+ K to 8 5,681 4,495 - 20.9% 4,157 —7.5% 5,878 +41.4% _ Subtotal 8,980 8,194 - 11.7% 6,528 -20% 9,2p„54 +41.8 WMAIR �^�` x i °x F£ K to 8 882 902(+2.3%) Information not available Subtotal 1,039 1,102 +6.1% NOR _ ,fir TOTAL 10,019 9,296 24 32, 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 Orange County Progress Report, 2000. The City of Newport Beach was more diverse racially and ethnically in 2000 than in 1990. Persons who classified themselves as white in 1990 comprised 92.5% of the City population. Those classifying themselves as Hispanic in 1990 comprised 4% of the City population; in 2000 that increased to 6.2 %. The percentage of the City population who identified themselves as black in 1990 was .2 %; in 2000 this increased to .5 %. Table 19 shows the 1990 and 2000 racial and ethnic composition of Newport Beach. Comparative figures for Orange County are also provided. t >. 4r. A A n Race and Ethnicitv Number Percent Number Percent d Black 1990 152 0.2% 38,825 .6% 2000 371 .5% 47,649 1.7% Hispanic 1990 2,671 4.0% 556,957 23.1% 2000 3,301 4.7% 875,579 30.8% Total 1990 66,643 100% 2,410,556 100% 2000 70,032 100% 2,846,289 100% br sx Fie 2 C n r 25 Newport Coast County of Orange White 2000 2,085 78.1% 1,844,652 64.8% m Asian /Pacific Islander 2000 483 181% 386,785 116% Other 2000 8 0.3 421,208 14.8% Sources: Orange County Progress Report 2000, Center for Demographi Research. U.S. Census -2000. Numbers are rounded to nearest decimal place and may not add up to 1 26 3 `� Table 21 shows 2000 Census ethnic data for the City of Newport Beach and the County of Orange by head of household. . BY ERARlli Newport Beach Orange Count Heads ID �� .� � 3 H' Wreenta { Hcitse�tal erCenta e. a -; Non - Minority White 30,175 90.97% 605,493 58.65% American Indian, Eskimo & Aleut 74 0.02% 5,548 0.53% Other 430 1.29% 111,111 10.76% sit Q1� S °la ►ri f2b5 �`6 TOTAL 33,169 1,032,322 Source: U.S. Census Bureau 2000. 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% higher than County household median income. In 2000, City median household income had become 41.8% higher than County household median income. 27 3,5' Housing Affordability Housing affordability is best assessed by analyzing level of payment in comparison to ability to pay. In 2000, the majority of housing in the City of Newport Beach was priced over $500,000. Median value of housing in the City was $708,200, according to the 2000 Census of Population and Housing. The most recent survey data of amount of income spent on housing in Newport Beach comes from the 2000 U.S. Census. For renters, 35% of renter households spent 30% or more of their income on rent. For homeowners, 35% of households with mortgages spent 30% or more of their monthly income on mortgage payments. Currently, lenders are allowing households to pay between 29% and 35% of their gross income for housing. Table 23 shows income spent on housing by income group, expressed according to rent/mortgage as a percentage of income for households in the City of Newport Beach. Cost of contract rental housing in the City of Newport Beach is higher than the cost of rental housing in the County of Orange. Contract rent is monthly rent agreed to or contracted for, regardless of furnishings, utilities, fees, meals, or other included services. Median contract rent in Orange County was $923 in 2000. Median monthly rent in the City was $1,257 in 2000. In its 1988 Regional Housing Needs Assessment, the Southern California Association of Governments calculated that of 4,431 lower- income households, paid more than 30% of their income for housing. According to SCAG estimates, 2,625 very low- income households and 1,806 low- income households paid more than 30% of their income for housing. In 1990, 2,583 very low- income and 4,071 low- income households paid more than 30% of their income for housing. "Low Income" households are those 28 36 <20% 21 -24% 25 -29% 30 -34% 35 %+ -$9- a . h ti Renters 25 11 21� 24 586 Owners 12 0 0 0 0 VM11 Renters 32 11 20 18 841 Owners 53 7 26 27 5.1.3_ 09 _ k Renters 27 48 95 175 1,352 Owners 250 60 60 66 499 1.3 09 ' 999: Renters 153 189 375 306 897 Owners 339 74 58 39 526 INS Renters 6,140 1,822 752 400 499 Owners 6,432 1,490 1,262 900 2,707 .. :. Renters 6,377 2,081 1,263 923 4,175 Sources: U.S. Census, 2000; Southern California Association of Governments SCAG . Cost of contract rental housing in the City of Newport Beach is higher than the cost of rental housing in the County of Orange. Contract rent is monthly rent agreed to or contracted for, regardless of furnishings, utilities, fees, meals, or other included services. Median contract rent in Orange County was $923 in 2000. Median monthly rent in the City was $1,257 in 2000. In its 1988 Regional Housing Needs Assessment, the Southern California Association of Governments calculated that of 4,431 lower- income households, paid more than 30% of their income for housing. According to SCAG estimates, 2,625 very low- income households and 1,806 low- income households paid more than 30% of their income for housing. In 1990, 2,583 very low- income and 4,071 low- income households paid more than 30% of their income for housing. "Low Income" households are those 28 36 households with annual incomes between 50 - 80 percent of the County median household income. "Very Low Income" households are those households with annual incomes of 50 percent or less of the County median household income. State and federal standards for housing overpayment are based on an income -to- housing cost ratio of 30% and higher. Households paying more than 30% of their incomes for housing have less income remaining for other living necessities. Upper income households generally are capable of paying a larger share of their incomes for housing; therefore, estimates of housing overpayment generally focus on lower income groups. To distinguish between renter and owner housing overpayment is important because, while homeowners may over extend themselves financially to purchase a home, the owner always maintains the option of selling the home. Renters are limited to the rental market and generally are required to pay the rent established in that market. The number of higher - income households paying more than 30% of their income for housing is an indication of unique standards of housing affordability in Newport Beach. In addition, a higher allocation of income toward housing was perceived as justified because of investment qualities of housing in the City. Also, higher expenditures on housing may be justified when tax advantages are considered and incomes are expected to increase while housing expenses remain fixed. Overcrowding Overcrowded households are those in which the ratio of persons /room exceeds one (1). 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 1.9persons per dwelling unit. This figure is well below State and regional averages. The 1990 U.S. Census indicated that in Newport Beach 66 (0.4 %) owner- occupied units and 406 (2.8 %) renter - occupied units included more than 1.01 persons per room. In 2000, these figures were 102 (0. 55 %) for owner - occupied units and 513 (3.4 %) of renter - occupied units. County of Orange figures for 2000 show 7.8% overcrowding among owner- occupied units, and 28.3% overcrowding among renter - occupied units. 29 Employment Trends and Projections The California State Employment Development Department estimated the total labor force among the Newport Beach population in June 2000 was 45,780, of whom 44,990 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 Center for Demographic Research estimated that in 1997 the labor market in the City of Newport Beach was as follows: agriculture (133); mining (39); construction (2,046); manufacturing (2,533); transportation and public utilities (1,822); trade (13,206); finance, insurance and real estate (9,980); services (26,657); government (1,902); and, self - employed (5,661). This indicated a total of 63,979 jobs in the City of Newport Beach. Projected employment opportunities in Newport Beach in year 2005 will be 73,241, according to the Center for Demographic Research. Table 24 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. Data related to employment differ substantially between Center for Demographic Research and California State Employment Division Development Department estimates. The 1997 number below is a California State Employment Development Department calculation; the 2000 -2020 projections are Center for Demographic Research estimates. The Center for Demographic Research has indicated employment in the City is expected to increase by 9,262 jobs (14.5 %) between 1997 and 2005. The projected countywide employment increase is 292,455 (21.7 %) during that same period. The City will have about 4.4% of the jobs in Orange County by year 2005. 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. 30 3g- 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, large families, female- headed households, farm workers, and the homeless. This Housing Element has included students and people living with HIV /AIDS in the "special needs" population. The Census Data from 2000 is not consistent in its identification of special needs households versus individuals with special needs. In some cases, individuals may qualify under several categories at the same time, e.g. a woman may be the female head of household and be over 65 years of age. The best indicators for quantifying the special needs population from the data indicate that in the City of Newport Beach in 2000: • 12,649 people were 65 or older. • 1,046 households were headed by females with children. • 8,386 people were disabled.. 41 people were farm workers. • There existed an undetermined number of homeless. 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. Demonstrated need for affordable senior housing has further been supported by social service providers in Newport Beach, who maintain in interviews that such housing and transportation are the primary needs for senior citizens receiving social services. Students attending the University of California, Irvine (UCI) or Orange Coast College (OCC) in Costa Mesa also reside in Newport Beach. The UCI Student Housing Office has estimated that approximately 800 UCI students reside in the City of Newport Beach. A comparable number of OCC students are also assumed to reside in Newport Beach. However, any numbers obtained for students should be considered with caution because both campuses stress they neither have exact data on students living in Newport Beach, nor can they guarantee those students who claim to live in the City actually do. 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. Contact was made with the UCI Transportation Office to attempt to ascertain the number of students traveling between UCI and Newport Beach. However, that shuttle service was discontinued in 1999 due to lack of riders. This may be due to most students having automobiles. The most recent study on housing costs completed by the University of California, Irvine Housing Office was in 1988. That study was based on number of rooms and made no distinction between apartments and homes. Rents then ranged from $596 per month for a one bedroom, one bath apartment, to $1,543 per month for a four bedroom, two -bath unit. Average cost of housing in Newport Beach typically occupied by students has risen dramatically since completion of that study. Those costs for year 2000, based on students helped, are as follows: 31 3� Most students who reside off campus live in West Newport, Balboa Peninsula, or Balboa Island. Rent prices on Balboa Island are higher than many other areas in the City of Newport Beach. Students afford these prices by living with other students and sharing costs, a practice that may lead to overcrowded conditions. No subsequent study of student housing has been conducted. Persons with Disabilities According to the 2000 Census, 8,386 persons in Newport Beach had a disability, comprising approximately 12.5% of the population five years and older. Disabilities are defined as mental, physical, or health conditions that last over six months. The proportion of individuals with disabilities increases with age. Approximately 6% of children and adolescents aged 5 to 20 had a disability, compared to 10% of adults aged 21 to 64 and 26% of seniors. The most prevalent public need for persons with disabilities is access to public places, housing and facilities. Those with handicaps include persons who are blind, deaf, mute, confined to bed or wheelchair, or who require crutches. A survey conducted by the Dayle McIntosh Center for the Disabled in 1987 questioned 14,000 disabled residents in Orange County. The study concluded the two most prevalent housing needs for persons with disabilities are accessibility and affordability. 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 two units designed for handicapped occupancy in one of its rent restricted, financially assisted housing developments. Rental on these two 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. 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. 32 qO K RM RPM i AT _ _ ..... Studio-1 bedroom, 1 bath $900- $1,600 /mo 2 be(iP6dry..jtlt " =.. 3 bedroom, 2 bath $1,500 - $2,400 /mo 4 i3ed ro i ba .. , :,; . _ .. Source UfStude5eru acslisahgCpformatialr� Most students who reside off campus live in West Newport, Balboa Peninsula, or Balboa Island. Rent prices on Balboa Island are higher than many other areas in the City of Newport Beach. Students afford these prices by living with other students and sharing costs, a practice that may lead to overcrowded conditions. No subsequent study of student housing has been conducted. Persons with Disabilities According to the 2000 Census, 8,386 persons in Newport Beach had a disability, comprising approximately 12.5% of the population five years and older. Disabilities are defined as mental, physical, or health conditions that last over six months. The proportion of individuals with disabilities increases with age. Approximately 6% of children and adolescents aged 5 to 20 had a disability, compared to 10% of adults aged 21 to 64 and 26% of seniors. The most prevalent public need for persons with disabilities is access to public places, housing and facilities. Those with handicaps include persons who are blind, deaf, mute, confined to bed or wheelchair, or who require crutches. A survey conducted by the Dayle McIntosh Center for the Disabled in 1987 questioned 14,000 disabled residents in Orange County. The study concluded the two most prevalent housing needs for persons with disabilities are accessibility and affordability. 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 two units designed for handicapped occupancy in one of its rent restricted, financially assisted housing developments. Rental on these two 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. 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. 32 qO 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% (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 %. Elderly In 2000, the fastest growing segment of the County population was older adults (ages 65 and older). Federal regulations stipulate senior citizens 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. The County of Orange estimated that 8% of senior citizens in Orange County were homebound or shut -ins, and approximately 46% of the elderly residing in the County required some assistance to remain independent. 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% of the City's population. The percentage of older persons in the City is large compared to the region. In 2000, only 9.9% 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) Data Book, 7,484 owner and rental households in the City of Newport Beach were elderly and two- member households in 1990. These households represented 21.5% of the total households in the City. Of the 7,484 elderly owner and renter occupied households, 2,437 such households had problems as defined by HUD. Of the 2,437 households with problems, 1,170 had cost burdens greater than 30% of household income(s) and 1,267 had severe cost burdens of greater than 50% of household income. Of 1,880 elderly occupied rental households, 1,223 had housing problems. Of these 1,223 renter households with housing problems, 1,205 had cost burdens greater than 30% and 695 had severe cost burdens of greater than 50 %. Of 5,604 elderly owner occupied households, 1,222 had housing problems. Of 1,222 households having problems, 572 households had severe cost burdens greater than 50 %. 2000Census 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, 33 �l severely impact housing affordability for the elderly because many of the elderly live on fixed incomes. Many 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. Including the Section 8 "Certificate" and "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 the Appendix to this Housing Element. 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 26 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 4.5% of all Newport Beach households. Homeless Homelessness continues to remain a growing issue in the United States. Factors that contributed to the increase in homelessness included a lack of housing affordable to low and moderate- income persons and families, increases in number of persons whose incomes fell below the poverty level, reductions in public subsidies to the poor, and de- institutionalization of the mentally ill. 34 IPI '- r _ N"R11 NMI Number of Persons Per Household Number of Households 2 12,996 a — .tie.l I:t v F �'.', 4 2, ?59 6 304 Total Households 33,148} 5, Homeless Homelessness continues to remain a growing issue in the United States. Factors that contributed to the increase in homelessness included a lack of housing affordable to low and moderate- income persons and families, increases in number of persons whose incomes fell below the poverty level, reductions in public subsidies to the poor, and de- institutionalization of the mentally ill. 34 IPI Homelessness is a regional problem throughout Southern California. Homeless persons and families exist in every city and populated unincorporated area of Orange County. Various organizations, institutions, and agencies often generate strikingly different calculations of homeless individuals /families. This Element relies on information contained in the Orange County 2005 -2010 Consolidated Plan (OCCP) which indicates in year 2004 there were 34,999 homeless persons in Orange County, of which, seven percent are families with children. 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 empowered to affect 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. Orange County's 34 cities and various County agencies have committed more than $22,800,000 in "mainstream" funds to meet the needs of the region's homeless. Although programs are available to shelter and serve the homeless, service gaps remain in the County Continuum of Care service delivery system. According to the 2005 Continuum of Care Housing Gaps Analysis, Orange County has a total homeless shelter bed inventory of 4,747, comprised of emergency shelter beds, transitional shelter beds, and permanent supportive housing facilities for individuals and families with children. Currently, 601 beds are under development. According to the 2005 -2010 Orange County Consolidated Plan, there is an unmet homeless housing need gap 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 (gaps) 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). Please note that homeless sub - populations do not total 34,999 because 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 34,999). Local Strategy 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, a few homeless and transients are occasionally observed traveling through the City, and several have been observed staying in the area overnight in drainage channels overgrown with vegetation. Although homeless and transient persons only are occasionally found in Newport Beach, State law requires each jurisdiction to provide adequate sites to facilitate development of emergency and transitional shelters. Research of local agencies consisted of contacting those groups that provided assistance to persons in need of emergency shelter and assistance. The City has been requiring Social Service agencies receiving CDBG funds to provide information regarding the most recent permanent residence(s) of persons helped. This requirement was established as part of a Housing Element program implementation action. In many cases better information has been provided; improved counting is still 35 y3 required, agencies without expanded reporting requirements could not provide better information than in 1986. These agencies that provide housing and other services for the homeless in the region include the Orange County Housing Authority, the Orange Coast Interfaith Shelter, Saddleback Community Outreach, the YMCA/YWCA, Friends in Service to Humanity, and the American Red Cross. Detailed descriptions of services offered by these agencies are contained in the Appendix to this element. Newport Beach allows emergency shelters and transitional housing subject to a Use Permit in all multi- family residential and commercial zones. In terms of discretionary review, these uses are considered "group homes" by the City's Zoning Code. Housing Program 5.1.4 promotes the City's practice of continuing to allow emergency shelters and transitional housing subject to the provisions in the Zoning Code. It should be noted that the Use Permit requirement is not considered a constraint since it is no more restrictive than Use Permit requirements for other potentially conflicting land uses in those zones. It should be noted that if the shelter has fewer than 7 individuals, then the shelter is a permitted use in single - family zones. TFe City's strategy to address homelessness in the City 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. In addition, the City continues to utilize CDBG funds to support local and regional homeless and at -risk homeless providers (Appendix 1). The following section provides the regional strategies that have been adopted by the County. Regional Strategy TFe County of Orange has in place a comprehensive, coordinated, and regional Continuum of Care strategy which includes the participation of all 34 cities in the County, County agencies, homeless housing and service providers, and other community groups (including non - profits, local governmental agencies, faith -based organizations, the homeless and formerly homeless, as well as interested business leaders) to identify the gaps and unmet needs of the County's homeless. Leadership and coordination of Orange County's CoC 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. To facilitate their mission, the Orange County Continuum of Care Steering Committee and the Leadership Cabinet were formed. This grassroots, community -based effort, in conjunction with a comprehensive needs assessment, resulted in the development of funding priorities aimed to serve the most pressing, unmet needs of the homeless in Orange County. Orange County's regional CoC provides emergency, transitional, and permanent supportive housing, plus services, to address the needs of homeless persons and enable transition to independent living. The CoC system serves the needs of the homeless through a range of nonprofit organizations (faith -based and community - based), federal, state, and local governmental agencies, public housing authorities, local businesses, schools and universities, law enforcement, private donors, and homeless /formerly homeless persons. 36 The CDC 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 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% of the population in Newport Beach and approximately 1% 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. People Living with HIV /AIDS This Housing Element includes a brief narrative pertaining to an additional special needs population not yet identified in state or federal legislation — people living with HIV /AIDS. Information contained herein has been taken from the Orange County HIV /AIDS Housing Plan, 1999' prepared by AIDS Housing of Washington for the City of Santa Ana, and adopted by the Orange County Planning Council on December 8, 1999, and more updated information from the 2005 -2010 Orange County Consolidated Plan According to the County of Orange Health Care Agency, 6,429 Orange County residents with AIDS were reported during the period of 1981 to 2003, and an estimated 3,099 persons were living with AIDS. The population of persons with HIV /AIDS within Orange County tends to be regional in nature rather than concentrated in a particular city. In addition, minorities and women account for increasing proportions of Orange County cases. For persons living with HIV /AIDS, access to safe, affordable housing is as important to their general health and well -being as access to quality health care. For many, the persistent shortage of stable housing is the primary barrier to consistent medical care and treatment. Persons with HIV /AIDS also require a broad range of services, including counseling, medical care, in -home care, transportation, food, and stable housing. Today, persons with HIV /AIDS live longer and require longer provision of services and housing. A variety of supportive programs and housing assistance for persons with HIV /AIDS are provided in Orange County. The Housing Opportunities for Persons with AIDS ( HOPWA) Program is a federally funded housing program to address the specific needs of persons living with HIV /AIDS and their families. Since 1993, the City of Santa Ana has administered the HOPWA formula grant for communities in Orange County including Newport Beach. The Orange County HIV Planning Council, established in 1987, provides advice and makes recommendations to the County Health Officer regarding HIV policy issues, and serves as the Ryan White Title I Planning Council, the Ryan White Title II CARE Consortium, and the advisory body to the City of Santa Ana for the expenditure of HOPWA funds. IOranoe County HIV /AIDS Housinq Plan. Prepared by AIDS Housing of Washington for the City of Santa Ana, Adopted by the Orange County Planning Council December 8.1999 37 �� In Orange County, the problem of homelessness among those living with HIV /AIDS is exacerbated by the limited supply of affordable housing. The Orange County HIV /AIDS Housing Plan provides a framework for assessing and planning for the housing and housing - related support service needs of persons with HIV /AIDS and their families. The HIV /AIDS Housing Plan surveyed persons with HIV /AIDS. Despite the fact that most of the respondents were housed, 81 percent of all respondents indicated they had a housing cost burden and half indicated they had a severe housing cost burden, a sign of a precarious housing situation. The Housing Plan indicated that an acute need exists for affordable permanent housing units and subsidized housing programs that are accessible to persons with HIV /AIDS. As of 2002, approximately 524 emergency, transitional, and permanent housing and vouchers were available to persons living with HIV /AIDS. Additional programs that serve people living with HIV /AIDS through the County of Orange include the Orange County Special Populations Action Team (SPAT) and the AIDS Drug Assistance Program (ADAP). SPAT provides training, technical assistance, advocacy and support to ensure that HIV prevention education and services are truly accessible to persons with various disabilities, including those with HIV /AIDS. ADAP provides drugs to individuals who otherwise could not afford them. The drugs provided by ADAP have been determined to prolong quality of life and to delay the deterioration of health among individuals infected with HIV /AIDS. Summary The housing needs of the Special Needs population will be addressed through Goal 5 of this element. The needs of the senior population are particularly recognized by the City and are addressed by each goal of the Housing Element. 38 I^ Housing Needs RHNA Allocation 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. This model was prepared for the period 1998 -2008 (extended from June 30, 2005, by the State Department of Housing and Community Development). 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 476 new 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. It also is required that existing housing need be identified. SCAG identified this need by using the Department of Housing and Urban Development (HUD) standard of overpayment. Households overpaying are households with incomes below 80% of the County median household income and paying more than 30% of their income toward housing/ shelter. SCAG estimated existing need by applying percentage of overpaying households enumerated in the 1990 Census to current City population. Using this method of estimation, existing need in Newport Beach is 476 dwellings. The tables below indicate future need for housing in Newport Beach 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). Twenty -six percent of this population has a disability and three percent lived near or below the federal poverty level. 39 U "1 Newport Coast The Newport Coast area, annexed to the City on January 1, 2002, is a planned community that was approved by the County of Orange. 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 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. 40 qS Inventory of Land Suitable for Residential Development The City of Newport Beach is not a residential developer and therefore must rely on private developers or organizations that have the capacity to acquire and manage affordable housing or "at- risk" housing developments.. The following section of the Housing Element provides an inventory of land determined suitable for development of affordable housing. 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 pattern of uses and establishes policies for their protection and long -term maintenance. However, the General Plan identifies nine areas where substantive land use changes may be anticipated over the next 20 years. Several of these areas provide an attainable opportunity to create over 7,000 new housing units in the community. In addition, all of the new residential units will be subject to the provisions of the City's Inclusionary Housing Ordinance. The City's goal over the remaining two years of the planning period is for an average of 20% of all new housing units to be affordable to very low, low, and moderate income households. Since a limited amount of vacant land remains in the community, future housing development in accordance with the update of the General Plan would be achieved through infill development and reuse of sites with existing, possibly obsolete land uses. The land use changes in each of these areas are presented in Table 30. John Wayne Airport Area The Airport Area encompasses the properties abutting and east of John Wayne Airport and is in close proximity to the Irvine Business Complex and University of Califomia, Irvine. 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 John Wayne Airport. Much of the southwestern portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other "noise - sensitive" uses. Additionally, building heights are restricted for aviation safety. The updated 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 through the replacement of existing uses and new construction on underutilized surface parking lots. The General Plan establishes criteria for the development of up to four distinct neighborhoods oriented around neighborhood parks, local- serving commercial uses and interconnected by a network of pedestrian - oriented streets. The updated General Plan identifies the capacity for 3,300 housing units as replacement and infill of office, retail, and /or industrial uses, with a combination of Mixed Use B2 (MU -132) and General Commercial (CG -C) land use designations. The MU -62 designation provides for a horizontal intermixing of uses that may include Regional Commercial Office (CO -R), High Density Residential (RH -B), Mixed Use (MU -A), General Industrial (IG), hotel rooms, and ancillary Neighborhood Commercial (CN) uses. A master or specific plan will be required to assure that the uses are fully integrated, supporting parkland are developed and impacts from their differing functions and activities are fully mitigated. 41 U The first phase of residential development in each neighborhood shall encompass at least 10 gross acres of land, exclusive of existing rights -of -way. The 10 acres may include multiple parcels provided that they are contiguous or face one another across an existing street. The 10 acre requirement may be waived for projects of at least 5 acres if a master concept plan is prepared that integrates existing and new uses into a cohesive mixed -use neighborhood and achieves the objectives for the Airport Area. The General Plan requires a minimum residential density of 50 units per net acre, averaged over the first phase for each residential village. Potential units include mix of building types ranging from townhomes to high -rises apartments. The minimum density for subsequent phases of residential development (including residential mixed -use development) shall be 30 units per net acre. Newport Center Newport Center is a regional center of business and commerce that includes major retail, professional office, entertainment, recreation, and housing residential in a master planned mixed -use development. Fashion Island, a regional shopping center, forms the nucleus of Newport Center. (Figure 3). The General Plan identifies the goal of the 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 General Plan creates a new residential land use designation of Mixed Use B3 (MU -133) on the western and northern portion of the subarea. These areas are located west of Newport Center and Santa Cruz Drive and north of Pacific Coast Highway. It provides for the horizontal intermixing of Regional Commercial Office (CO -R), hotel, High Density Residential (RH -B), and ancillary commercial uses. Up to 600 additional housing units are proposed for this area. Density ranges for the RH -B land use designation are 40.1 to 53.3 units per net acre (30.1 to 40 units per gross acre). Banning Ranch Located within the City's Sphere of Influence (SOI) in the western-most portion of the Newport Beach Planning Area, the Banning Ranch area encompasses approximately 518 acres, of which 465 acres (includes 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" since the County's LCP does not provide land use designations for the Banning Ranch area (Figure 4). The updated General Plan prioritizes the retention of the Banning Ranch property as open space, consolidating existing oil operations, restored wetlands and habitat, and a community park to serve adjoining neighborhoods. However, due to the significant cost of purchasing the site and amount of area that would need extensive 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 Plan considers the possible development of a mixed - density residential village, that would include open space, convenience commercial, and small hotel uses. Revenue generated by this proposed development would help to fund preservation of the majority of the site as open space. 42 The General Plan 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. Future development would require a master plan or specific plan to depict the specific uses, development standards, density levels, infrastructure improvements, design guidelines, and financial plan. West Newport Mesa The West Newport Mesa area contains a mix of residential, office, retail, industrial, and public uses. It is immediately abutted by Hoag Hospital, the City of Costa Mesa to the north, and Banning Ranch to the west. Hoag Hospital is a major activity center that continues to affect development in the area. It generates a strong market for the development of uses that support the hospital's medical activities such as doctors' offices, convalescent and care facilities, medical supply, pharmacy, and similar uses. Retail commercial uses serve medical purposes, as well as nearby residents. Northern portions of the area are largely developed with light manufacturing, research, and development, and business park uses. The majority of properties between the industrial uses and medical center are developed with multi - family uses, including a few mobile home parks. The latter represent a resource of affordable housing in the City. These are interspersed with a school and other civic uses. The area's considerable mix of uses is not always complementary, nor at its edges where it abuts residential neighborhoods and other uses. The General Plan identifies future residential, medical offices and other facilities supporting Hoag Hospital as a means to stimulate revitalization within the area. In addition, providing well - planned residential neighborhoods will enable residents to live close to their jobs and reducing commutes to outlying areas. Residential uses are within the West Newport Mesa area is permitted within the High Density Residential (RH -A) designation, which may include single - family attached, townhomes, apartments, flats, and comparable units. Residential density levels range from 26.8 -40 units per net acre (20.1 to 30 units per gross acre) with a maximum height of five stories. Approximately additional 1,000 multi - family residential units can be accommodated in the Newport Mesa area under the new General Plan (Figure 5). 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, Balboa Village, and surrounding residential neighborhoods such as Old Newport Boulevard. The General Plan identifies the potential for new mixed -use development within these areas (Figures 6 and 7). 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 be composed of new residential and mixed - development such as Cannery Lofts, a 22 unit live /work mixed -use project. All of these units were market -rate, loft - style ownership units. Older developments include some single - family residential units combined with 43 r J commercial uses on single lots. The updated General Plan designates the Cannery Village Area as Mixed Use B4 (MU -134). This land use category is speck to Cannery Village. Permitted uses include Medium Density Residential (RM -C) and mixed use structures, where the ground floor shall be restricted to non- residential uses along the street frontage and the rear and upper floors used for residential uses including seniors units and overnight accommodations. Mixed use buildings are required on parcels at street intersections and are permissible, but not required, on other parcels. Density rages 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 minimum floor area to land area ratio of 0.25 and maximum of 0.5 for retail uses. Lido Village Lido Village is primarily developed with commercial uses including grocery stores, 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 sub area has been designated as Mixed -Use C2 (MU -C2) and Mixed Use A2 (MU -A2). The MU- C2 designation is applied to waterfront locations in which marine- related uses may be intermixed with buildings that provide residential on the upper floors. The floor area ratio range for mixed use buildings is 1.5 to 2.0. Interior parcels designated as MU -A2 may also contain mixed use buildings that integrate residential with office uses. The floor area ratio range for mixed use buildings is 1.5 to 2.0. 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 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 uses have continued. The General Plan calls for the Village Core area to be designated as MU -A2 which provides retail commercial and mixed -use buildings that integrate residential with ground level retail or office uses on properties. The floor area ratio range for mixed use buildings is 1.5 to 2.0. 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 - seving uses include restaurants, beach hotels, tourist - oriented shops (t -shirt shops, bike rentals, and sul 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 General Plan identifies a portion of McFadden Square west and east of Newport Boulevard as Mixed Use-C2 (MU -C2). This designation provides for mixed use buildings that integrate housing residential with ground level retail. The floor area ratio range for mixed use buildings is 1.5 to 2.0. 44 Old Newport Boulevard Old Newport Boulevard was formerly the primary roadway leading into the city from the north, containing a diversity of highway- oriented retail and office uses. The corridor is abutted by residential neighborhoods to the east and Hoag Hospital west of Newport Boulevard. Today, the area is primarily developed with commercial and professional offices including personal services, restaurants, and specialty shops as well as auto-related businesses and service facilities. Many of these are incompatible with the predominant pattern of retail service and office uses. Medical office uses have expanded considerably during recent years, due to the corridor's proximity to Hoag Hospital, which is expanding its buildings and facilities. The General Plan goal for this area is to crate a corridor of uses and services that support Hoag Hospital and adjoining residential neighborhoods including, on the east side of the Boulevard, mixed use buildings that integrate housing residential above ground level retail or office uses and live /work facilities. The General Plan designates Mixed Use A2 (MU -A2) on the east side of Old Newport Boulevard. This designation permits mixed use buildings that integrate housing residential above ground level retail or office uses and live /work facilities. The floor area ratio ranges betweenl.5 to 2.0 (Figure 8). According to the General Plan approximately 1,000 to 1,300 new residential units could be accommodated within these five coastal areas. This new development would be a mixture of multi- family and mixed -use. Due to the high land prices within coastal areas, the majority of future residential development is anticipated to consist of market -rate units. However, any future development would be subject to SB 626 (Mello) and Newport Beach City Council polices that require provision of affordable housing where feasible, in projects of 10 or more units and replacement of any low -and moderate income housing that is demolished in the coastal zone. 45 s� 46 5-4 t z m� 4 6 Cil J'i s x U I w v + O_ c HOUSING ELEMENT FIG.2 '1 LfFO NEWPORT CENTER - CN X" -t i S(9 C C h N O x t c 0 m c J O x N w `o 0 0 0 0 m d V N L O� 0 Z LL W LD J O� Uo w 0 w v + O_ c HOUSING ELEMENT FIG.2 '1 LfFO NEWPORT CENTER - CN X" -t i S(9 robs' 4�' 9i3i �°� P T+.P` Tb'yy. h '�j`�,�. �: 4 / �L� � �t ��! ti's �� ,�� -- m *. � cp HOUSING ELEMENT FIG. 4 WEST NEWPORT MESA 50 mo C .53 iJi C w. o g 4 � u q 8 66 E E b U V E a �o g� N s 92 z eq� F t�F o iS? Z V m °m e wpa S�'i HOUSING ELEMENT FIG. 5 BALBOA PENNINSULA, CANNERY VILLAGE, LIDO VILLAGE, McFADDEN SQUARE 51 7 -1 f n �5 bi w. o g 4 � u q 8 66 E E b U V E a �o g� N s 92 z eq� F t�F o iS? Z V m °m e wpa S�'i HOUSING ELEMENT FIG. 5 BALBOA PENNINSULA, CANNERY VILLAGE, LIDO VILLAGE, McFADDEN SQUARE 51 7 -1 O p r d 3 u ® II U Y HOUSING ELEMENT FIG. 6 BALBOA VILLAGE E E 0 L C D O `c c U N v r �O �o no °gym �c o� 6 25 U_O E� U? m' N Z 0 ❑ O Z @U OV V a w c � Z � O d: ,r HOUSING ELEMENT FIG. 7 OLD NEWPORT BOULEVARD 53 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% over residential construction practices utilized prior to the Title 24 enactment. The City of Newport Beach Building Department is aware of 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 erergy 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. Additionally, increases in conservation standards generally increase housing costs and therefore exacerbate the existing housing affordability concern. The City's updated Natural Resources Element contains policies that promote energy efficient construction for residential development and encourage the provision of energy alternatives such as solar power. Any future residential development would be subject to the policies contained within the General Plan. 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. 54 �2 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 thusly is compounded. While cost of production has increased, purchasing power of some customers has decreased due to inflation, interest rate fluctuations, and limited choices for housing types. 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. With savings and loan institutions and other home loan lenders experiencing higher costs in attracting funds, it is extremely difficult for the fixed rate, long -term mortgage to be used as the primary mortgage instrument for housing finance purposes. Consequently, variable rate mortgages, equity appreciation mortgages, and other techniques are being promoted. This smorgasbord of "creative financing" helps to maintain a higher level of capital for housing than might otherwise be available. Land and Construction Costs Land costs and construction costs are significant components in housing cost. Land costs are a function of the private 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 nearly nonexistent, and cannot be compared to surrounding jurisdictions. Construction costs also are set by the private market and are influenced by a variety of factors including availability and price of materials and labor, quality of construction, and amenities offered. 55 lS� Cost factors (per square foot) used to estimate cost of new housing in 2005 are approximately as follows: Apartment Houses Wood Frame $100.00 (average quality); $120.00 (good quality) Single Family Dwellings Wood Frame $120.00 (average quality); $150.00 (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. 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. 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 con - dcminium 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 is the factor that triggers increased development costs. 56 0 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, and permit 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. As previously mentioned, there is a relatively limited supply of vacant land remaining for development in the City of Newport Beach. This limitation on the supply of land and accompanying existing urban development patterns of the City shape City land use regulations. Voter Initiatives In November, 2000, the voters of the City of Newport Beach approved a ballot proposition (Measure S) called the "Greenlight Initiative." The initiative was designed to provide for voter approval of any project that significantly increases density or intensity provided for in the Newport Beach General Plan. The definition of significance is quantified as 100 or more dwelling units, over 100 peak hour trips, or 40,000 or more square feet of non - residential floor area. Measure S applies exclusively to General Plan amendments. For projects with a General Plan amendment, Measure S could delay the effective date(s) of discretionary approval(s) until the approval(s) are submitted to the Newport Beach electorate. The time frame for the potential delay(s) is controlled by the normal election cycle (every two years) or a developer(s) willingness to fund a special election(s). Measure S may prove to be a constraint to development if a development proposal exceeds current General Plan levels, which may deter builders who look at increasing density levels as a way of making housing more affordable. However, the initiative should have no impact on the City's ability to provide density bonuses of up to 25% for affordable housing projects on sites already designated for residential development, as the Land Use Element includes 200 units of "Miscellaneous Residential" that may be used anywhere in Newport Beach and was included expressly to support the density bonus requirement. It is important to note, however, that Measure S will note have any impact on the allowed density established for the vacant, affordable housing sites identified to meet the City's Regional Housing Needs Allocation. As indicated in the above paragraph, the Voter Initiative 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 urbanized community. The Code uses a "district" concept appropriate to the diverse urban patterns and topography found in the City. The Zoning Code contains five basic zoning districts (excluding Planned Community districts and other specialized districts) to regulate residential uses within the City. These zoning districts are R -A (Residential Agricultural), R -1 (Single Family Residential), R -1.5 (Restricted Two - Family Residential), R -2 (Two - Family Residential), and MFR (Multi - Family Residential). Table 31 summarizes Zoning Code provisions for residential density, height, set - backs, and parking. Parking requirements are also set forth by the California Coastal Commission. 57 `7 Zoning Code requirements could be considered constraints to development because they place j demands on the land that limit space that could be utilized for dwelling units. However, zoning i standards are designed to protect the quality of life and provide, at a minimum, some access to sunlight and fresh air. Access to air and sun are guaranteed through building setbacks, open space requirements, maximum building heights and floor area ratios. 58 S+ srv+ P a.. z- y Ya t+om, , -S t-fM»a k'e i„e Cid� _. R -1 Newport (S.F.B R -1.5 R -2 MFR Shores Zone R-A Duplex) S.F. (Duplex) Multi. Specific Plan 5000 s.f., 6000 for Same as Same as R- Min. Lot Size 6000 s.f. corner lots 5000 s.f. R -1 1 Same as R -1 MM —W L 1 1/2 Parking spaces/unit Same Same Same Same Same 100% less Same as R- Coverage 40% setbacks 1 yL�ott IF Vi iV�It3§E 0,70. 3' min /6' Side Yard max 3' or 4' 3' or 4' 3' or 4' 3' or 4' Same as R -1 '" J s i h t' `4f # 3 !I >•,�t.. t bz. -„ �y. r v 3' t It I wS 8. 10% of Minimum Open Space W x H x 6' W x H x 6' W x H x6' buildable erc5 r t t I s sr I' i r'i #�t'r is bi' ".;tf Pr ��yrs Iti �:jy`i4x+ Y f r ?�' t 'E ygy ki J lvi: �+ ' 1 xa'3i C f Fl �Qt wag" L1rye,'�q If7 1: Lower number is the basic height limit, which can be increased to higher number upon approval of a use permit in each case. n: r ry B l app °tQi,3kdiax§f+dt arldBalbo a o 7, { ✓v 1,rk f.4 d iry In ! # StF }T' t ! §i G, , f t3Yi.,3.2 Bat g ;-... o f ;.:..,4,.i. r E,4 F +i,... ..lasso. . 3: Excludes buildin area used for parking AEr:( ,i t �yAlytk�� 9Px FI{' +I. '+�P��ss #, i r 11 t�..13,W14..�a: #�d �j t "P {�; II 5: Otherspecial yard and building distance requirements may apply uu5, : a :r �5j 3gy#tl !}u!t�i4 X{,�/s�.l�+' YtvAi..aiii�Y� t t'ai v..'4' fVrntai a1l.V',V a .Tres;'... a iu, t"alty4l1,1 5 4..: r,�3 .._i M-1 #tl .jrf§ it)F'.'y'it'X i.Q Fdw.e`i #.� i.it �N�k�i9 .?. ..,.. ('ir'f:.)�. Source: City of Newport Beach Planning Department Zoning Code requirements could be considered constraints to development because they place j demands on the land that limit space that could be utilized for dwelling units. However, zoning i standards are designed to protect the quality of life and provide, at a minimum, some access to sunlight and fresh air. Access to air and sun are guaranteed through building setbacks, open space requirements, maximum building heights and floor area ratios. 58 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 in the amount 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 acres. 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. The updated Land Use Element calls for the Airport Areas to have a density of 50 units per acre, average over the first phase for each residential village. The minimum density for subsequent phased of residential development is 30 units per acre. However the Zoning Code will need to be amended to achieve consistency with the General Plan. Maximum density in the multifamily zone (MFR) 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. 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 non - conforming 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. Local Coastal Program The Coastal Land Use Plan portion of the Local Coastal Program might be a constraint to providing affordable housing. The Coastal Land Use Plan consists of land use designations and resource projection 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 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 are to be used primarily for residences, but indicates certain incidental uses that (with proper location and design) are appropriate within coastal areas with a residential designation. These uses are to be governed by requirements of the Newport Beach Municipal Code and 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. 59 (01 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 20.86 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 eleven or more dwelling units in two or more structures, to demolish or convert three or more dwelling units in one structure, or to construct ten 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 wi:h 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. Also, a feasibility study is required for new dwelling unit construction of ten 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). 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 2001 edition of the "California Building Code," and also adopted and incorporated by reference the 2001 edition of the "California Building Code" volumes 1, 2, and 3, including all national codes and standards based on the 1997 Uniform Building Code, as published by the International Conference of Building Officials. 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, is strictly enforced. 60 �q These building codes are the minimum standards for 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. There does not appear to be a need to expand present code enforcement activities as indicated by few significant housing quality problems. 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 Department 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. 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. State law requires fees bear a reasonable relationship to actual costs incurred by a city. However, fees may add 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 application and park 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 33. Development Permit Procedures The City's permitting procedures are considered efficient with typical zone change requests reaching completion in as few as 90 days if no environmental review 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. Conditional Use Permits and subdivision maps typically can be approved in six to eight weeks, provided an environmental impact report is not required. Planning Commission decisions on maps, and conditional 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. It should be noted that the City does not impose a design review process and /or compliance with any architectural design guidelines. The lack of this procedure further lends to an expeditious approval process. Although a "Reasonable Accommodation" procedure specifically for persons with disabilities seeking equal access to housing is not currently in place, the City of Newport Beach does continue to provide reasonable accommodation through the use of existing permit processing procedures. In addition, the City recently adopted amendments to the Zoning Code which added a "Federal Exception Permit" process which provides a mechanism for persons to request a "reasonable accommodation" for the use of residential care facilities serving 7 or more persons within residential zones. 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 61 q l the standards of the Code relating to building setbacks, size and location of parking spaces, structural appurtenances or projections which encroach into setbacks, and related matters. A public hearing will be set not less than 10 days nor more than 30 days after a completed application is submitted to the Planning Department. Request for Hardship or Request for Alternative Materials, Design, and Methods of Construction The Building Department has a process to approve hardship requests, as well as requests for alternative materials, design, and methods of construction when strict compliance with the building codes is impractical. 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 describing the alternate proposal along with applicable data. Use Permit 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. A noticed public hearing is held by the Planning Commission within 60 days after accepting a complete application. The Planning Commission has the authority to approve, conditionally approve, or deny applications for use permits. Applications for residential care facilities for 7 or more persons within commercial and industrial zoning districts are processed through the use permit process. Conditions may be placed on the project by the Planning Commission to ensure compatibility with surrounding uses. The City does not maintain a standard set of conditions or use restrictions imposed on these residential care facilities since each application should be evaluated individually and approved based upon its own merits. a n rpa xr - General Plan Jurisdiction Amendment Zone Chan a Parcel Ma Variance Huntington $8,390 (minor) $5,300 $1,460 $1,080 Beach $11,150 major Laguna Beach $1,210 $1,210 $690 + $275/lot $180 $9$t2 wry+ ,y.'� r ��si 2,2tYposit2,2Q : � �� t 62 —70 Orange County $10,000 deposit $10,000 deposit $5,000 $3,500 screen check qty Punning ©ep (r s _ .. � 'ditio nal acts . } 63 -1 k Zone A: Zone A: Zone B: Zone B: Single - Family Multi - Family Single- Family Multi - Family ratLS off n�0 �i �b�� $1`795 fee , I o Fair Share Trip Single - Family Single - Family Apartment Fee Detached Attached $1,060 Elderly $ 1,794 $1,403 $653 Mobile Home $ 979 in,eti 6'' $6,894.37gfi ©wellir� r ,Utsit n;;, r. Newport -Mesa Unified School $1.84 Per Square Foot District Fee t� arlRi g `+_r Kit.. eY"'� �a°Itxiedel tnBnt�ntheSa.1��a �i�Hil�� 'Fr'ans�'rt�tt6nGdrFiildr a, A�eab Be'�efi . 63 -1 k 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 that project. 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. sa �Z II. 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 of 145 units and 95 units for Newport Coast. Additionally, the plan places emphasis on providing housing opportunities for special needs populations in local (jurisdictional) and regional contexts. 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. Special needs populations less evident and less easily quantifiable by the Census are the homeless and people living with HIV /AIDS. The City of Newport Beach recognizes the homeless, in particular, exist in every community but may be transient and therefore may more accurately be classified as a regional special needs population rather than as a "City' special needs population. This is done in acknowledgement that many categories of special needs populations are regional in nature rather than confined to jurisdictional boundaries. 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 (1998 -2008) 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. 65 -73 General Review of 1992 Housing Element and Housing Activities, 2000 -2005 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 (5) years, to reflect results of the review. The last comprehensive revisions of the Newport Beach Housing Element occurred in 1992 and in 2000. 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 Efement in attainment of the community housing goals. • Progress of the City in implementation of the Housing Element. W -ien 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, 1992. • Number of housing units required to be provided in new housing developments within the Coastal Zone or within three (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 three (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 2000 -2008 Housing Element review and revision, 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 2000 -2008 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 1989 -1994 produced by the Southern California Association of Governments, the projected regional need for additional housing units in Newport Beach was 2,062 total new units. The distribution of these new units according to income was as follows: Very Low Income (299 units); Lower Income (408 units); Moderate Income (359 units); and, High Income (996 units). According to Building Department records, 216 net units were 66 --7q produced in Newport Beach during the period between January 1, 1989, and January 1, 1994, and 1,050 net units were produced in Newport Beach during the period between January 1, 1994, and January 1, 2000. Newport Beach's adopted quantified objectives (which included an adjustment to RHNA) for the period between January 1, 1989, and January 1, 1994, were to provide 2,371 total new units during that time period, distributed as follows: Very Low Income (272 units); Lower Income (284 units); Moderate Income (647 units); and, High Income (1,168 units). Due to the lack of funding at the state level for generating new RHNA figures for the 1994 -1999 cycle, the RHNA was extended through the end of 1997. Quantified objectives for the RHNA period of January 1, 1998 through June 30, 2008 (extended from June 30, 2005 by the State Department of Housing and Community Development) were to provide 476 residential units. The total need for each target income group is as follows: Very Low- Income (86 units); Low - Income (53 units); Moderate - Income (83 units); and, Above Moderate - Income (254 units). Development of new residential units in projects considered to be major projects by the City between January 1, 1989, and January 1, 1994, totaled 240 units. The projected new construction was not achieved because the City over projected development on some sites and the owner of large parcels (The Irvine Company) did not construct new units in the prescribed affordable range. The 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. TABLE 34 r TOTAL NUMBER OP NEW ADDtTtONAL USING. PERMITTED 44RfNG 1?ERI�?A.198 -2005 FISSAt YEAR Ni* .UNITS D�1NOLISNED.UNITS TOT-ALADDI. ONALUNITS' 1 ST 6 MONTHS OF 1998 315 180 135 1998 -1999 1018 1 158 860 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 3157 1400 1757 The City issued a total of 1,757 residential building permits during the 1998 -2005 period. This number well exceeds the total 476 units projected by SCAG. However, given the existing home and rental prices within the community for market -rate units, the majority of these new housing units were only affordable to upper income households. However, of the 159 building permits issued by the City in 2004 -2005, 120 of the new units are in the Bayview Landing Senior Affordable Housing Project. 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 67 entitlement fees and substantial entitlement assistance. Approximately $4.5 million in tax credits were also awarded to the project. As displayed in Tables 34 and 35, Newport Beach has already fulfilled its requirement for low income housing and above - moderate /upper income housing. New units constructed in small projects, including second units and "granny' units, and rehabilitated units were estimated to be approximately 421 for the period January 1, 1989 to January 1, 1994. The total number of units identified for rehabilitation was 3,016. Incomes of occupants of these units cannot be determined by the City. The City uses building permits as its sole source for quantitative records of housing rehabilitation. However, it is impossible to ascertain which of the 2,521 building permits issued for remodeling between January 1, 1989, and January 1, 1994, were for rehabilitating substandard units. The City does not have a substantial incidence of substandard dwelling units. According to the 1990 Census of Population and Housing, there were:231 dwelling units lacking complete kitchen facilities, 111 dwelling units with no source of heating fuel and 91 dwelling units lacking complete plumbing facilities 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 likely that a high number of the substandard housing are illegal units These units qualify as substandard dwelling units in Newport Beach, although the City does not keep statistics on such types of units. The City defines "substandard" in terms of code enforcement issues, such as garage conversions. Most rehabilitation in the City was accomplished without involvement of the City because of the high land and unit values in Newport Beach. The City was not involved in any property condemnation cases between January 1, 1989, and January 1, 1994. The City indicated in its 1992 Housing Element that 9,172 total units would be conserved between 1989 and 1994 by applying the City Mobile Home Park Zone Ordinance, applying the Condominium Conversion Regulations, and by applying Title 20 of the Municipal Code regarding replacement housing. The vacancy rate provision of the City's Condominium Conversion Regulations prohibited applications for conversion of rental units to condominiums, and there were no conversions during 2001. Between the years of 1995 and 2005, a total of 346 apartment units were converted to condominiums. Subsequent to the tenure of the Housing Element of 1989 -1994, the City took the following actions to implement its Program objectives: Cr3 The City received and spent approximately $3.9 million of Community Development Block Grant funds between 1996 and 2005/2006. • The City, between 1989 to 1994 and 1996 to 2005, participated in County of Orange programs that provided housing and social services for special needs populations. • The City, during 1996- 2002 was involved in continuing negotiations with the Irvine Company and other residential developers for a senior residential project. • The City collected $1,063,539 in -lieu fees for affordable housing from developers of market - rate residential projects. • The City contributed $1,754,119 from the in -lieu fee fund to the Bayview Landing affordable senior housing project in 2003. The City's remaining in -lieu fee fund balance is $1,329,420. • The City established an Affordable Housing Task Force to work with other public agencies and private parties to develop affordable housing projects. The task force was instrumental in The Irvine Company's agreement to provide for development of the Lower Bayview Landing site with up to 120 units for very low- and low - income senior citizens. 69 7? 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, 1989, and January 1, 1994, 190 new residential units were approved for construction within the California Coastal Zone. Of these 190 new units, 24 were required to be developed and maintained as housing affordable to low- income and moderate - income individuals and /or families pursuant to Section §65590. During the same time period, the City permitted landowners to demolish 189 residential units within the Coastal Zone. Of the 189 units demolished, none were occupied by low- income and /or moderate - income persons and /or families. Newport Beach approved construction of 190 residential units in new housing developments in the California Coastal Zone, which represents a total net increase of 1 residential unit and a total net increase of 24 residential units affordable to low- income and moderate - income individuals and /or families. 70 -79 Year 2000 -2008 Housing Plan Quantified Objectives The Year 2000 Regional Housing Needs Assessment (RHNA) determined the City of Newport Beach had a construction need for 476 residential units between January 1998 and January 2008. The total need for each target income group is as follows: Very Low Income (86 units); Low Income (53 units); Moderate Income (83 units); and, Above Moderate Income (254 units). As of December 2005, the City has already fulfilled its requirement for above moderate income units. With completion of the Bayview Landing project in 2006, the City will have a remaining RHNA allocation of 145 units (83 moderate units and 62 very low units). The Year 2000 -2005 Housing Plan for Newport Beach has identified Goals, Policies, and Programs that fulfill this construction need. Achieving the remaining RHNA allocation is expected to be achieved through the future redevelopment of several key housing opportunity areas such as Newport Center, Airport Area, Banning Ranch, West Newport Mesa, and the Balboa Peninsula area, including Old Newport Boulevard. These areas could potentially accommodate up to 7,275 to 7,575 new residential units. Many of these areas are at sufficient density levels that would facilitate the development of affordable housing. In addition, all of these future units would be subject to the provisions of the City's Inclusionary Housing Program. Since 2003, the City has been implementing an Inclusionary Housing Program through its Housing Element which requires 20% of the units to be affordable to very low and low income and moderate households. According to the Inclusionary Housing Ordinance, the allocation of affordable units to either one of three income levels (very low -, low -, or moderate - income), will be based on the following allocation: 1. Very low- income households 11,5% 2. Low - income households 20% 3. Moderate - income households 30% Projects where the proposal is for 50 units or less have the option of paying an in -lieu fee. One thousand new affordable units could be developed in the community over the 20 -year horizon of the Land Use Element, more than exceeding the City's remaining RHNA allocation of 145 moderate - and very low— income units. Affordable units shall be legally restricted to occupancy by households of the income levels for which the affordable units were designated for at least 30 years. In addition to the future residential sites identified within the General Plan update, all future residential development citywide would be subject to the Inclusionary Housing Program and future Ordinance. Following is a matrix indicating the maximum number of housing units that should be constructed, rehabilitated, and conserved during the tenure of the Year 2000 Newport Beach Housing Element. 71 _74f The City has adequate capacity to fulfill its remaining RHNA requirement of very-low and moderate- income units through future residential capacity identified as part of the General Plan update, and the City's Inclusionary Housing Program requirements. 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 of 145 total new units for Newport Beach and 95 total new units in Newport Coast. 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, §6910 through 6932. The income groups are defined as follows: Very Low — income: 50% 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% of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. Moderate - Income: 80% -120% of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. Above Moderate—Income: 120% + 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: 72 51) 444 .jxw mss+ rya. £` a VW-yy ,. C z. S :: -`. rr'" .? .....:. i .w INCOME GROUP REMAINING RHNA REMAINING RHNA REHABILITATION CONSERVATION (Newport Beach (Newport Coast ' Very Low Income 62 0 150 LDHt`irtt;0�t'le �t ' � =0 E t t 163 N ;9�n E Moderate Income 83 0 2 AbbWMgderate TOTAL 145 95 0 319 The City has adequate capacity to fulfill its remaining RHNA requirement of very-low and moderate- income units through future residential capacity identified as part of the General Plan update, and the City's Inclusionary Housing Program requirements. 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 of 145 total new units for Newport Beach and 95 total new units in Newport Coast. 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, §6910 through 6932. The income groups are defined as follows: Very Low — income: 50% 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% of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. Moderate - Income: 80% -120% of the area median income, as adjusted for family size by the United States Department of Housing and Urban Development. Above Moderate—Income: 120% + 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: 72 51) • 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 C.C. R. §6932 • An efficiency unit as if occupied by one person; a one bedroom as if occupied by two persons; a two bedroom as if occupied by four persons; a three bedroom as if occupied by six persons; and a four bedroom as if occupied by eight. • Rents for very low -, low -, and moderate - income households shall be no more than 30% of the income limits set forth in §6932. The selling price of an ownership unit shall be no more than 3 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 Year 2000 Newport Beach Housing Plan follow. CONSERVATION AND IMPROVEMENT OF HOUSING GOAL 1 QUALITY RESIDENTIAL DEVELOPMENT AND PRESERVATION, CONSERVATION, AND APPROPRIATE REDEVELOPMENT OF HOUSING STOCK Policy 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. 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. Responsibility: Planning Department, Building Department the City Attorney and Code and Water Quality Enforcement. 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. Responsibility: Planning Department. Housing Program 1.1.3— Require replacement of housing demolished within the Coastal Zone when housing is or has been occupied by 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. Responsibility: Planning Department. 73 <6-' VARIETY OF HOUSING OPPORTUNITIES GOAL 2 A BALANCED RESIDENTIAL COMMUNITY, COMPRISED OF A VARIETY OF HOUSING TYPES, DESIGNS, AND OPPORTUNITIES FOR ALL SOCIAL AND ECONOMIC SEGMENTS Policy 2.1 Encourage preservation of existing and provision of new housing affordable to very low, low- and moderate income households. 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% 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. Responsibility: Planning Department. 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 low- and moderate - income housing requirements. Responsibility: Planning Department and City Council. Housing Program 2.1.3— Review and waive planning and park fees, and modify development standards (e.g. parking, setbacks, lot coverage, etc.) at the discretion of City Council and Planning Commission for developments containing low- and moderate - income housing in proportion to the number of low- and moderate - income units in each entire project. Responsibility: Planning Commission and City Council. Housing Program 2.1.4— 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. Responsibility: Planning Department. Housing Program 2.1.5 — Conduct an annual compliance- monitoring program for units required to be occupied by very low -, low -, and moderate- income households. Responsibility: Planning Department. Policy 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 five (5) years. 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 20% of all new housing units to be affordable to very low -, low -, and moderate - income households. The City shall either a) require the production of the housing units affordable to very low -, low- or moderate - income households, or b) 74 SZ require the payment of an in -lieu fee, depending on the following criteria for project size: 1. Projects of fifty or fewer units shall have the option of providing the units or paying the in -lieu fee. 2. Projects where more than fifty units are proposed shall be required to provide the units. All required very low –, low -, and moderate - income units shall be provided on -site unless at an off -site location approved by the City. 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 20% affordability requirements, the City will include conditions in the approval of discretionary permits and Tentative Tract Maps to require ongoing monitoring of those projects. Responsibility: Planning Department, Planning Commission and City Council Housing 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. More than 20% of units shall be affordable when assistance is provided from Community Development Block Grant funds or the City's in -lieu housing fund. Responsibility: Planning Department, Planning Commission and City Council. Housing 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. Responsibility: Planning Department and the City Council. Housing Program 2.2.4—All required affordable units shall have restrictions to maintain their affordability for a minimum of 30 years. Responsibility: Planning Department, City Attorney and City Council. Housing Program 2.2.5 — Advise existing landowners and prospective developers of affordable housing development opportunities available within the Newport Banning Ranch, Airport Area, Newport Center, West Newport Mesa, and Balboa Peninsula areas. Responsibility: Planning Department. Housing Program 2.2.6 — Periodically contact known local developers and landowners to solicit new affordable housing construction. Responsibility: Planning Department. Housing Program 2.2.7 — Participate in other housing assistance programs that assist production of housing. Responsibility: Planning Department. Policy 2.3 Approve, wherever feasible and appropriate, mixed residential and commercial use developments that improve the balance between housing and jobs. 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 75 8� 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 "Greenlight" initiative. Responsibility: Planning Department and Planning Commission. ADEQUATE RESIDENTIAL SITES GOAL 3 HOUSING OPPORTUNITIES FOR AS MANY RENTER AND OWNER OCCUPIED HOUSEHOLDS AS POSSIBLE IN RESPONSE TO THE DEMAND FOR HOUSING IN THE CITY Policy 3.1 Mitigate potential governmental constraints to housing production and affordability by increasing the City of Newport Beach role in facilitating construction of moderate- and upper- income ownership housing. Housing Program 3.1.1— Provide a streamlined "fast- track" development review process for proposed affordable housing developments. Responsibility: Planning and Building Department Housing Program 3.1.2 —When a residential developer agrees to construct housing for persons and families of low and moderate income above mandated requirements, the City shall either (1) grant a density bonus or (2) provide other incentives of equivalent financial value. Responsibility: Planning Department. Policy 3.2 Enable construction of new housing units sufficient to meet City quantified goals by identifying adequate sites for their construction. Housing Program 3.2.1 — Identify the following sites as adequate, which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage development of a variety of housing types to meet City housing goals as identified pursuant to Government Code Section §65583(b): Banning Ranch, Airport Area, Newport Center, West Newport Mesa, and the Balboa Peninsula areas Responsibility for achieving this program is that of the Planning Department and City Council. Housing Program 3.2.2— Update Zoning Code to reflect housing opportunities provided in the Land Use Element. Responsibility: Planning Department, Planning Commission and City Council. Housing Program 3.2.3 —When requested by property owners, the City shall 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. VAN Responsibility: Planning Department, Planning Commission and City Council. PROVISION AND PRESERVATION OF AFFORDABLE HOUSING GOAL 4 PRESERVATION AND INCREASED AFFORDABILITY OF THE CITY'S HOUSING STOCK FOR VERY LOW —, LOW -, AND MODERATE - INCOME HOUSEHOLDS Policy 4.1 Encourage the extension of the affordability contracts for the developments listed in Table 12 (City of Newport Beach Assisted Housing Summary) of this Housing Element beyond the years noted. Housing Program 4.1.1 — Periodically contact owners of affordable units for those developments listed in Table 12 to obtain information regarding their plans for continuing affordability on their properties. Responsibility: Planning Department. Housing Program 4.1.2— Consult with the property owners regarding utilizing CDBG funds and in- lieu housing funds to maintain affordable housing opportunities in those developments listed in Table 12. Responsibility: Planning Department. Housing Program 4.1.3— 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. Responsibility: Planning Department. Housing Program 4.1.4 — Investigate availability of Federal, State, and local programs (including in- lieu funds) and pursue these programs if found feasible, for the preservation of existing low- income housing, especially for preservation of low- income housing that may increase to market rates during the next ten (10) years. A list of these programs, including sources and funding amounts, will be identified as part of this program and maintained on an on -going basis. Responsibility: Planning Department. Policy 4.2 Maintain and preserve existing City housing stock and improve energy efficiency of all housing unit types (including mobile homes) 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. Responsibility: Planning Department. 77 G / O4) 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. Responsibility: Planning Department and the State of California. (The State will determine acceptability of the relocation impact report). 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. Responsibility: Planning Department 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 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. Responsibility: Planning Department. Housing Program 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. Responsibility: Planning Department and City Council. HOUSING FOR SPECIAL NEEDS GROUPS GOAL 5 HOUSING OPPORTUNITIES FOR SPECIAL NEEDS POPULATIONS Policy 5.1 Encourage approval of housing opportunities for senior citizens and other special needs populations. Housing Program 5.1.1 —Apply for United States Department of Urban Development Community Development Block Grant funds and allocate a portion of such funds to sub - recipients who provide shelter and other services for the homeless. Responsibility: Planning Department and the City Council. 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 78 1� Responsibility: Planning Department and the City Council. Housing Program 5.1.3— Permit, where appropriate, development of "granny' units in single - family areas of the City Responsibility: Planning Department. Housing Program 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. Responsibility: Planning Department. Housing 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. Responsibility: Planning Department. Housing Program 5.1.6— Maintain a list of "Public and Private Resources Available for Housing and Community Development Activities." Responsibility: Planning Department. FAIR HOUSING GOAL 6 EQUAL HOUSING OPPORTUNITIES FOR ALL RESIDENTS Policy 6.1 Support the intent and spirit of equal housing opportunities as expressed in Title VII of the 1968 Civil Rights Act, California Rumford Fair Housing Act, and the California Unruh Civil Rights Act. 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 Department counter. Responsibility: Planning Department and City Attorney. Housing Program 6.2.2 — Support fair housing opportunities by using Community Development Block Grant funds whenever necessary to enact Federal, State, and City fair housing policies. Responsibility: Planning Department. 79 g1 PROGRAM MONITORING GOAL 7 EFFECTIVE AND RESPONSIVE HOUSING PROGRAMS AND POLICIES Policy 7.1 Review the Housing Element on a regular basis to determine appropriateness of goals, policies, programs, and progress of Housing Element implementation. Housing Program 7.1.1 —As part of its annual General Plan Review, the City shall provide information to the City Council on the status of all housing programs. The portion of the Annual Report discussing Housing Programs is to be distributed to the California Department of Housing and Community Development in accordance with California State. Responsibility: Planning Department. 80 98 APPENDIX 1 SOCIAL SERVICE PROGRAMS The following programs are located in, and near, the City of Newport Beach and serve many Newport Beach residents, including the elderly. Orange County Housing Authority (2043 North Broadway, Santa Ana) offers rental assistance for elderly and non - elderly in the County. 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% 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 thirty (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. The Housing "Certificate" Program (which will be combined under a "New Voucher" Program by October 1, 2001) provides rental assistance for families renting housing units that charge Fair Market Rent. No assistance is provided to the renter beyond Fair Market Rent should the renter choose a unit more expensive than Fair Market Rent. The Housing Authority does not have figures on how many elderly are waiting for assistance, but has indicated that approximately 5,000 people are on a waiting list to obtain assistance. Although the following service organizations do not provide housing for the elderly, those organizations provide services to the elderly that assist the elderly in affording housing in Newport Beach. Meals on Wheels, a Home Delivered Meals Program — provides hot meals to elderly shut -ins and is available in Newport Beach. This Program is administered by South County Services, which has indicated it serves 30 –35 congregate meals daily at the OASIS Senior Center in Newport Beach and delivers 3 meals daily to 23 (approximately 17,250 total meals annually) Newport Beach residents. OASIS Senior Center (800 Marguerite Avenue, Corona del Mar) —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 (3 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 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 81 g� 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. The year 2000 operating budget for OASIS Senior Center was $470,000. Funding sources for OASIS include the following: the City of Newport Beach; Friends of OASIS, a non - profit support gawp that contributes approximately $200,000 annually to OASIS and funds other special events, services through grants; and, fees charged for some classes offered, facility rental, and transportation. South County Senior Services (24300 El Toro Road, Building A, Suite 2000, Laguna Woods) is a regional non - profit 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. The Meals -On- Wheels program provides meals to individuals 60 years of age and older who are living at home and unable to prepare their own meals, or who are unable to go out to eat, or who have little or no assistance to obtain adequate meals. 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. A::sistance League of Newport Mesa ( 2220 Fairview Road, Costa Mesa, CA (949) 645- 6029�—is a non - profit 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 "Childrens 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. 82 go APPENDIX 2 AGENCIES PROVIDING EMERGENCY SHELTER AND ASSISTANCE Orange County Housing Authority (2043 North Broadway, Santa Ana) 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% 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 thirty (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. The Housing "Certificate" Program (which will be combined under a "New Voucher" Program by October 1, 2001) provides rental assistance for families renting housing units that charge Fair Market 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. Orange Coast Interfaith Shelter —This is an agency that provides housing, meals, employment services, and a children's program. The Orange Coast Interfaith Shelter is the largest family shelter in Orange County and operates on an annual budget of $500,000. The City of Newport Beach provided $8,000 (1.6 %) of that operating budget during the time period July 1, 1999, to June 30, 2000. Temporary shelter is offered to families and single women on an emergency (3 to 7 days /month) or transitional (2 -7 months) basis. During the time period noted previously the Interfaith Shelter provided temporary shelter to 80 to 90 households that indicated a most recent permanent address in the City of Newport Beach. This indicated the percentage of total households assisted (2,070) that were from Newport Beach was between 3.9% and 4.3 %, although the City provided 1.6% of the Interfaith Shelter annual budget. The racial /ethnic identifications of the 2,070 served were as follows: Caucasian (831); Hispanic (617); African American (354); Native American (57); Asian American (26); Biracial (64); and Other (33). The Interfaith Shelter also provided 57,295 meals to special needs populations during the time period noted. Additionally, the Interfaith Shelter provided children's programs to the 30 to 40 children who commonly receive shelter at any one time. Furthermore, the Interfaith Shelter indicated it provided temporary shelter to 226 single mothers (female heads of households) during the time period noted. Many of the female heads of households served were women over the age of 50 with mental health disabilities. Saddleback Community Outreach (23011 Moulton Parkway, Suite 12) is a non - profit 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 83 Community Outreach programs and services is to help those assisted become self- supportive. This organization operates without paid administrators. Of the more than 100 volunteers within the organization, some are selected and trained to function as directors, evaluators, coordinators, and care workers. Saddleback Community Outreach is involved in four active programs to meet critical housing needs of its clients, who number 5,200 annually. 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. The Saddleback Community Outreach Pantry/Warehouse distributes more than 150,000 pounds of food annually to families or individuals in need and hosts SHARE, a program enabling people to buy up to $35.00 worth of groceries for $15.00. 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. YMCA —The Newport Beach YMCA offers physical activities classes and personal hygiene facilities. During 2000, the YMCA has provided 234 daily showers for those who identified themselves current or most recently as Newport Beach residents (out of a total 4,000 annually provided daily showers) and 858 single -day guest passes for identified current or recent Newport Beach residents. The percentage of daily showers for those from Newport Beach compared to the total of annual showers is 5.9 %. The YMCA estimates approximately fifty (50) percent of its clients come from the Newport Beach /Costa Mesa area. The City of Newport Beach contributed $5,000 during 2000, which accounted for 0.14% of the approximate 2000 YMCA operating budget of $3,500,000. YWCA Hotel for Women - The YWCA Hotel for Women provides shelter, food, counseling, job - search, and housing- search assistance for homeless women. The City also provides CDBG funds to this organization, and likewise, requires expanded reporting information Frends 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 and infant formula; "adopt -a- family' program during the holidays; medical, dental, and shopping transportation; and, transportation costs for employment. During the first six months of 2000, Friends in Service to Humanity served 487 mobile meals, made 1,166 grocery deliveries, provided 119 individuals /families with rental assistance to avoid eviction; made 47 utility payments, provided 42 child care subsidies, and provided 15 automobile repairs. Friends in Service to Humanity indicates a substantial number of its clients reside in the City of Newport Beach. In year 2000, the City of Newport BE!ach provided Friends in Service to Humanity with $16,500 for homeless prevention and $15,500 for Meals programs. 84 G �/ 6 v American 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. Number of Name Persons /Groups Served Location Beds Anaheim Families with children Anaheim 34 Interfaith /Halcyon e's House People afflicted with Costa Mesa 10 Bethany Single, employed women Orange who have successfully completed a shelter Birch I and II Santa Ana Adult Males (Birch 1); Santa Ana 11 Facility Youth (ages 18 -21) who are working or attending school and moving toward independence (Birch ll) Casa Youth Shelter Ages 12 -17; accepts Los Alamitos 25 pregnant teens 85 l� c� rvwvena -. ,i�rans¢ronai Housing for ,,;,Orange .? ;; 3u 3b:, °- Number of Name Persons/Groups Served Location Beds CathoYcCharilies Families ; Santa Ana Christian Temporary Families Orange 60 Housing 70 °f° of mcome must be CSpYa:uth S helter 'Ages years of age; one adult Laguna Beach• 6 ' Eli Home Transitional housing for Orange N/A Dayle McIntosh Center Disabled Individuals/ Anaheim 7 For The Disabled Families with Disabled victims of family abuse or Families or Single Parent Members domestic violence. Faith Vista c� rvwvena -. ,i�rans¢ronai Housing for ,,;,Orange .? ;; 3u 3b:, °- families o single parents , wrth chridrgn, mustbe Families Forward "- emplo ed' aid movin 35 x families or single parents fowardrndependent living; 70 °f° of mcome must be saved by'famrly must be "! years of age; one adult referred;fi` O.C. shelter ' Eli Home Transitional housing for Orange N/A Frtertdh3 Sheitet CndivrduaEs women and children 22 (underage 12) who are victims of family abuse or Families or Single Parent Fullerton domestic violence. Faith Vista with Children under the based. Hntsrf�ez �artna"riouse "; Families Forward Transitional housing for Irvine 35 families or single parents with children under 18 years of age; one adult must be em to ed Frtertdh3 Sheitet CndivrduaEs Laguna. Beach 22 Fullerton Interfaith /New Families or Single Parent Fullerton 27 Vista with Children under the age of 18; must have income Odt Ruse Nla1e Females rnlraStenous Santa Ana 12 dCtlgdo may ' 1?e Tilig VtertjtEC Gerry House West Persons who are HIV Santa Ana 6 positive with substance abuse roblems 86 qq �;=,��s ii�i�rve,ntion "Transitional living center Placentia Number of Name Persons/Groups Served Location Beds and single women, men 'hous'in'g'f Oran' with children, women with pre children, couples 18 yearia6d 6i h6: pm No Battered Women, with or 40 Emergency without children 14 Transitional o: atten Win in' Hearth Dayle McIntosh Disabled men or women Anaheim 6 with or without children Interfaith interim Single homeless adults Laguna Hills 8 Housing willing to work; 120-day pr r m; faith based �;=,��s ii�i�rve,ntion "Transitional living center Placentia 40 Shelter for families, single men and single women, men with children, women with children, couples pm Human Options Battered Women, with or 40 Emergency without children 14 Transitional untin" .H'11 j gtofiWduth. A' Win in' Sh Interfaith interim Single homeless adults Laguna Hills 8 Housing willing to work; 120-day pr r m; faith based eqnant Irvine remporary Families Irvine 10 single family Housing furnished aoartments Laura's House Battered Women, with or 25 without children Mary's Shelter Pregnant teens, ages 17 Santa Ana 18 and under; teen mothers and infants 0-18 months 87 nnisSidnary brotrners oT . ;Families:: Number of Name Persons/Groups Served Location Beds Mey,House /Joseph Transitional housing for; : Santa Ana 12- ftottse °i -_ 1-11 Meri; must be enip;loyed New Vista Shelter Families ?;or in lob:trbi ing .fujlaime 60 O O Rescue Misson Mercy House /Regina Transitional housing for Santa Ana 14 House Women and Children ,: Costa Mesa 100 under 10; must be employed or in job Precious Lrfe Shelter Transi Onat/ trainina full time nnisSidnary brotrners oT . ;Families:: Santa An.a 16 New Vista Shelter Families Fullerton 60 O O Rescue Misson Men Santa Ana `:: .. 90 Orange Coast Interfaith All ,: Costa Mesa 100 Shelter Precious Lrfe Shelter Transi Onat/ Los�Atamitos tnergenGy ptOgram for v re nant=wom P g en f8 years an, Rescue Mission for Men Santa Ana 40 Men S... trot ;A" - AI( Santa Ana 60 Q 'Tlipa i SelF;tutiato street ° - ,' The Sheepfold Women 18 years of age Tustin 55 and older with children; Faith Based $hejter For The . F -ffijl 'J"`` ten & 1Nomen Westminster 106 H`©rrrOtess i Thomas House Transitional housing for Garden Grove 76 families, women with children, men with children; adults must be w to work NQ FaFrtites' Fountatn 1/attey Prode roo(Yt eitrporary Shatter for 7_famdies T oby's House Adult pregnant women; San Clemente 5 families children under 5 years of ae e�ans �tttes Single�Veterans Santa Ana 54 �-_ The Villa Posada Women Santa Ana 6 88 96 Number of Name Persons /Groups Served Location Beds Women's Transitional Living Center Battered Women Sources: Orange County Social Service Resource Directory (1991- 1992); County of Orange Housing Element, 1989; current (2000) research 89 91 APPENDIX 3 PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES Program Names I Description Eligible Activities 1a. Federal Programs—Formula/Entitlement Community Development Grants awarded to the City on a ♦ Acquisition Block Grant formula basis for housing and ♦ Rehabilitation community development ♦ Home Buyer Assistance activities. The City Receives ♦ Economic Development approximately ♦ Homeless Assistance $500,000 in CDBG funds ♦ Public Services annually ♦ ADA Compliance ♦ Public Facilities 1 b. Federal Programs - Com etitive Section 8 Rental assistance payments to ♦ Rental Assistance Rental Assistance owners of private market rate Program units on behalf of very low income tenants HOME Flexible grant program awarded ♦ Acquisition to the Orange County HOME ♦ Rehabilitation Consortium on a formula basis ♦ Home Buyer Assistance for housing activities. City can ♦ Rental Assistance apply to County on a competitive basis for affordable housing projects Section 202 Grants to non - profit developers ♦ Acquisition of supportive housing for the ♦ Rehabilitation elderly. ♦ New Construction ♦ Rental Assistance Section 811 Grants to non - profit developers ♦ Acquisition of supportive housing for ♦ Rehabilitation persons with disabilities, ♦ New Construction including group homes, ♦ Rental Assistance independent living facilities and intermediate care facilities. 90 A o Program Names Description Eligible Activities Section 108 Loan Provides loan guarantee to ♦ Acquisition CDBG entitlement jurisdictions ♦ Rehabilitation for pursuing large capital ♦ Home Buyer Assistance improvement or other projects. ♦ Economic Development The jurisdictions must pledge ♦ Homeless Assistance future CDGB allocations for ♦ Public services repayment of the loan. Maximum loan amount can be up to five times the entitlement jurisdiction's most recent annual allocation. Maximum loan term is 20 years. Mortgage Credit Income tax credits available to ♦ Home Buyer Assistance Certificate Program first -time homebuyers for the purchase of new or existing single - family housing. Local agencies (County) make certificates available. Low Income Housing Tax Tax credits are available to ♦ New Construction Credit (LIHTC) individuals and corporations that ♦ Rehabilitation Invest in low— income rental ♦ Acquisition housing. Usually, the tax credits are sold to corporations with a high tax liability and the proceeds from the sale are used to create the housing 91 1� Program Names Description Eligible Activities SHELTER PLUS CARE Grants for rental assistance that ♦ Rental Assistance PROGRAM are offered with support services ♦ Homeless Assistance to homeless with disabilities. Rental assistance can be: 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 non - profit 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 ♦ Transitional Housing Program (SHP) supportive housing and support ♦ Permanent Housing for services to assist homeless Disabled persons in the transition from ♦ Supportive Services homelessness. ♦ Safe Havens 92 O O I 2. State Programs Proposition 1 A Proposition 1 A includes ♦ Down payment Assistance provisions to establish a Down ♦ Rental Assistance payment Assistance Program and a Rent Assistance Program using school 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 guestion. Emergency Shelter Grants awarded to non - profit ♦ Support Services Program organizations for shelter support services. California Housing Below market rate financing ♦ New Construction Finance Agency (CHFA) offered to builders and ♦ Rehabilitation Multiple /Rental Housing developers of multiple - family ♦ Acquisition of Properties Programs and elderly rental housing. Tax from 20 to 150 units exempt bonds provide below - market mortgage money. California Housing Finance CHFA sells tax - exempt bonds to ♦ Home Buyer Assistance Agency Home Mortgage make below market loans to first Purchase Program time homebuyers. Program operates through participating lenders who originate loans for CHFA purchase California Housing Low interest loans for the ♦ Rehabilitation Rehabilitation Program -Owner rehabilitation of substandard ♦ Repair Code Component (CHRP -O) homes owned and occupied by Violations, Accessibility lower- income households. City ♦ Additions, General and non - profits sponsor housing Property Improvement rehabilitation projects. 93 dot 3. Local Programs Tax Exempt Housing The City can support low- ♦ New Construction Revenue Bond income housing developers in ♦ Rehabilitation obtaining bonds in order to ♦ Acquisition construct affordable housing. The City can issue housing revenue bonds or participate in the County of Orange 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. 4. Private Resource /Financing Programs Federal National Mortgage Loan applicants apply to ♦ Home Buyer Assistance Association (Fannie Mae) participating lenders for the following programs: Fixed rate mortgages issued by private mortgage insurers. ♦ Mortgages that fund the purchase and rehabilitation of a home. Savings Association Mortgage Pooling process to fund loans ♦ New Construction of single Company Inc. (SAMCO) for affordable ownership and family and multiple family rental housing projects. Non- rentals, cooperatives, self help profit and for profit developers housing, homeless shelters, contact member institutions. and group homes for the disabled. California Community Non- profit mortgage banking ♦ New Construction Reinvestment Corporation consortium designed to provide ♦ Rehabilitation (CCRC) long -term debt financing for ♦ Acquisition affordable multi - family rental housing. Non - profit and for profit developer contact member banks *Freddie Mac Home Works— Provide 1 stand ♦ Home Buyer Assistance 2nd mortgages that include combined with Rehabilitation rehabilitation loan. City provides gap financing for rehabilitation component. Households earning up to 80% of MFI qualify. 94 1 61- Lease Purchase Program The City could participate in a ♦ Home Buyer Assistance Joint Powers Authority (JPA) that issues tax - exempt bonds. Bonds enable City to purchase homes for households earning up to 140% MR. JPA pays 3 % down and payments equivalent to mortgage payments with the o tion to buy_after three ears. 95 105 APPENDIX 4 HOUSING ELEMENT AMENDMENTS Date of Amendment Council No. & Approval Resolution No. 4-'2-05 GPA 2004 -010 Res. No. 2005- 19 Amendment Description Revisions to eliminate discrepancies and insure consistency within the text, clarify existing polices and affordability standards, and include additional provisions to promote the achievement of the City's housing goals. 96 '0 ATTACHMENT B Draft Noise Element o45 Noise INTR0DDGTIDN The Noise Element of a General Plan is a tool for including noise control in the planning process in order to maintain compatible land use with environmental noise levels. This Noise Element identifies noise sensitive land uses and noise sources, and defines areas of noise impact for the purpose of developing policies to insure that Newport Beach residents will be protected from excessive noise intrusion. The Noise Element follows the revised state guidelines in Section 46050.1 of the Health and Safety Code. The element quantifies the community noise environment in terms of noise exposure contours for both near and long -term levels of growth and traffic activity. The information contained in this document provides the framework to achieve compatible land uses and provide baseline levels and noise source identification for local noise ordinance enforcement. DAGKGRDDND Sound is created when objects vibrate and produce pressure variations that move rapidly outward into the surrounding air. The main characteristics of these air pressure waves are amplitude, which we experience as a sound's "loudness" and frequency, which we experience as a sound's "pitch." The standard unit of sound amplitude is the decibel (dB), which is a measure of the physical magnitude of the pressure variations relative to the human threshold of perception. The human ear's sensitivity to sound amplitude is frequency - dependent and thus a modification is usually made to the decibel to account for this; A weighted decibels (dBAs) incorporate human sensitivity to a sound's frequency as well as its amplitude. Noise is generally defined as unwanted sound, aspects of which can negatively affect the physiological or psychological well-being of individuals or communities. A typical noise environment consists of a base of steady ambient noise that is the sum of many distant and indistinguishable noise sources. Superimposed on this background noise is the sound from individual local sources. These can vary from an occasional aircraft or train passing by to virtually continuous noise from, for example, traffic on a major highway. Noise in excessive levels can affect our living environment and quality of life. Several quantitative indicators are commonly used to gauge the likelihood that environmental noise would have an adverse effect on a community. These indicators consider that the most disruptive aspects of noise are strongly associated with the average acoustical energy content of the sound over the time it occurs and/or with the time of day when the sound occurs. The indicators used in the Noise Element are as follows: ■ L., the equivalent energy noise level, is the average acoustic energy content of noise for a stated period of time. Thus, the Leq of a time- varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. For evaluating community impacts, this indicator is not affected by whether the noise occurs during the day or the night. NOISE -GRAB, 1 /26/66 1 1 O ■ CNEL, the Community Noise Equivalent Level, is a 24 -hour average L., with a 10 dBA "weight" added to noise during the hours of 10:00 PAt to 7:00 A.M., and a 5 dBA "weight' added during the hours of 7:00 P.M to 10:00 P M. to account for increased noise sensitivity in the evening and nighttime. Noise environments and consequences of human activities are usually well represented by median noise levels during the day, night, or over a 24 -hour period. Environmental noise levels are generally considered low when the CNEL is below 55 dBA, moderate in the 55 to 70 dBA range, and high above 70 dBA. Examples of low daytime levels are isolated natural settings that can provide noise levels as low as 20 dBA, and quiet suburban residential streets that can provide noise levels around 40 dBA- Noise levels above 45 dBA at night can disrupt sleep. Examples of moderate level noise environments are urban residential or semi - commercial areas (typically 55 to 60 dBA) and commercial locations (typically 60 dBA). People may consider louder environments adverse, but most will accept the higher levels associated with more noisy urban residential or residential - commercial areas (60 to 75 dBA) or dense urban or industrial areas (65 to 80 dBA). Additional examples of sound levels and loudness in indoor and outdoor environments are shown in Table 1. Noise and land use compatibility for various uses are shown in Table 2. Table 1 Representative - - Common Outdoor Activities Environmental -- Noise Lever (dBA) Noise Levels - - -. Common Indoor Activities —110— Rock Band Jet Fly -over at 100 feet —100 — Gas Lawnmower at 3 feet —90— Food Blender at 3 feet Diesel Truck going 50 mph at 50 feet —80— Garbage Disposal at 3 feet Noisy Urban Area During Daytime Gas Lawnmower at 100 feet —70— Vacuum Cleaner at 10 feet Commercial Area Normal Speech at 3 feet Heavy Traffic at 300 feet —60 Large Business Office Quiet Urban Area During Daytime —50— Dishwasher in Next Room Quiet Urban Area During Nighttime —40— Theater, Large Conference Room (background) Quiet Suburban Area During Nighttime —30— Library Quiet Rural Area During Nighttime Bedroom at Night, Concert Hall (background) —20— Broadcast/ Recording Studio —10— Threshold of Human Hearing -0- Threshold of Human Hearing SOURCE: California Department of Transportation 1998 NOISE— DRAFE,1 /2D /D6 2 1 D1 Land Use Category 50 55 60 65 70 75 80 Residential —Low Density Single Family, Duplex, Mobile Homes x buildings involved are of normal conventional construction, without any special noise insulation requirements. Conditionally Acceptable New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise Residential—Multiple Family y (includes residential portions of mixed -use developments) with closed windows and fresh air supply systems or air conditioning, will normally suffice. Normally Unacceptable New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of the noise Transient Lodging — Motels, Hotels included in the design. Clearly Unacceptable New construction or development generally should not be undertaken. Schools, Libraries, Churches, Hospitals, Nursing Homes Auditoriums, Concert Halls, Amphitheaters MAINNSIAM Sports Arenas, Outdoor Spectator Sports Playgrounds, Neighborhood Parks Golf Courses, Riding Stables, Water Recreation, Cemeteries Office Buildings, Business Commercial and Professional Industrial, Manufacturing, and Utilities T7� SOURCE: EIP Associates, 2005 Normally Acceptable Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements. Conditionally Acceptable New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features are included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning, will normally suffice. Normally Unacceptable New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. Clearly Unacceptable New construction or development generally should not be undertaken. NOISE—DRAFT. 1/29/96 3 O Q CONTEXT Transportation Noise Sources The most common sources of noise in urban areas are transportation - related. These include automobiles, trucks, motorcycles, and aircraft. Motor vehicle noise is of concern because it is characterized by a high number of individual events which often create a sustained noise level and its proximity to areas sensitive to noise exposure. Residential land uses and other sensitive receptors should be protected from excessive noise from these sources. Freeway /Highway Newport Beach has the Corona Del Mar Freeway (State Route 73), and San Joaquin Hills Transportation Corridor (SJHTQ within its borders. State Route 73 runs in a northwest/ southeast direction through the Citys northern section. The portion of State Route 73 that cuts through the nor-them portion of the City is below grade from the adjacent land uses. There are a few residences in close proximity to this freeway. The SJHTC runs in a northwest/ southeast direction through the City's northeastern boundary connecting with the State Route 73 at Jamboree Road. SJHTC is considered a highway from Jamboree Road south to Bonita Canyon, and then it becomes a toll road. At various locations, the highway will be at grade with or elevated above the adjacent land uses. There are existing residences that are in close proximity to this highway, however, these residences have already included noise mitigation measures to sufficiently attenuate the noise from SJHTC. Major and Minor Arterial Roadways Traffic noise on surface streets is a significant source of noise within the community. The major sources of traffic noise in Newport Beach are Coast 1- fiighway, Jamboree Road, and MacArthur Boulevard. Many of the residential uses located along these roadways include some level of noise attenuation, provided by either a sound barrier or grade separation. Other residential uses, primarily older units, built near these arterial roadways do not have any attenuation from noise other than the distance between the roadway and the residential structure. The noise attenuation features for new residences are reviewed on a project -by project basic. This means that as residential projects are proposed near the major roadways within Newport Beach, future noise levels are evaluated and noise mitigation strategies are developed as necessary to meet City standards. Noise levels along roadways are determined by a number of traffic characteristics. Most important is the average daily traffic (ADT). Additional factors include the percentage of trucks, vehicle speed, the time distribution of this traffic and gradient of the roadway. Water Vehicles Newport Beach has the largest small boat harbor in Southern Califomia. Thousands of boats operate near noise - sensitive residential uses that border much of Newport Bay, and noise associated with these boats can be a problem to these residences. Of particular concern are the charter boats which generate engine noise and noise from the occupants, as well as use loudspeakers or live entertainment. NOISE—DRAFT, 1/2U/06 4 ' O� Aircraft Operations Many residents of Newport Beach are impacted by noise generated by commercial and general aviation aircraft departing John Wayne Airport OWA). Operated by Orange County, JWA serves both general aviation and scheduled commercial passenger airline and cargo operations. JWA experienced 387,866 aircraft operations in the year 2000, with a number of average daily departures of over 130. Newport Beach is located immediately south of John Wayne Airport and is under the primary departure corridor. Although aircraft noise can be heard throughout Newport Beach, the highest noise levels are experienced just south of the airport, in the Airport Area, Santa Ana Heights Area, Westcliff, Dover Shores, the Bluffs, and Balboa Island, and are generated byaircraft departures. Newport Beach has, since the mid- 1970's, actively engaged in efforts to minimize the impact of air carver operations on our residents and their quality of life. The Citys initial efforts focused on involvement in route authority proceedings conducted by the Civil Aviation Board and litigation challenging County decisions that could increase the level or frequency of noise events. In 1985, the City, County, Stop Polluting Our Newport (SPON) and the Airport Working Group (AWG) entered into an agreement (1985 JWA Settlement Agreement) to resolve Federal Court litigation initiated by the County. The 1985 JWA Settlement Agreement required the County to reduce the size of the terminal, cap the number of parking spaces, limit the number of "average daily departures," and limit the number of passengers served each year at JWA (expressed in terms of "million annual passengers" or "MAP") to 8.4 MAP after construction of the new terminal. After two years of discussion among the parties to the Settlement Agreement, the City Council and County Board of Supervisors approved Settlement Agreement amendments that eliminated noisier aircraft, increased the maximum number of noise regulated and air cargo average daily departures, increased the service level limit from 8.4 to 10.3 MAP until January 1, 2011 and then 10.8 MAP afterwards, and increased the maximum number of passenger loading bridges from 14 to 20. The 2002 Amendments also eliminated the floor area restrictions on the terminal and the "cap" on public parking spaces. The flight and service level restrictions remain in effect at least until January 1, 2016 and other provisions related to the curfew remain in effect until at least January 1, 2021. City Council approval of the 2002 Amendments was contingent on receipt of a letter from the FAA confirming that the 2002 Amendments were consistent with ANCA and other relevant laws, regulations and grant assurances made by the County. In December 2002, the FAA sent a letter confirming compliance and in January 2003, a judge approved the stipulation of the parties reflected by the 2002 Amendments. The FAA letter confirming the validity of the 2002 Amendments is a precedent for future amendments that increase air transportation service without impacting airport safety or the quality of life of residents in Newport Beach and other affected communities. Other aircraft operations related to helicopter operations at Hoag Hospital are also a concern. Helicopter flights are noisy, and there are residential uses located in close proximity to the hospital. The helipad is located on the roof of the emergency area of the hospital. NOISE— ORAFE,1 /20/06 5 <<b Nontransportation Noise Sources (Stationary Noise Sources) There are many stationary noise sources within the boundaries of Newport Beach. Some of these stationary noise sources include restaurant/bar /entertainment establishments, mixed -use structures, mechanical equipment, and use of recreational facilities. The impacts of nontransportation noise sources are most effectively controlled through the enforcement and application of City stationary noise ordinances or regulations. Restaurant /Bar /Entertainment Establishments Numerous restaurants, bars, and entertainment establishments in Mariner's Mile, Corona del Mar, the Peninsula, and Balboa Island have been subject to noise complaints in the past. Noise complaints have been made due to the close proximity of these establishments to residential uses, the potentially high noise levels that these establishments are able to produce, and the late hours of operation. Mixed Use Developments (Commercial /Residential) In a mixed use building, a portion of it may be used as commercial (i.e. office space, restaurant, market, dry cleaner, etc) and the remaining portion may be used for residential purposes. Such mixed uses can range from a small retail structure with a residence unit on the second floor (as seen on parts of Balboa Island and the Balboa Peninsula) to larger commercial properties that include a residential component. Requiring that the commercial portion conform to the more strict residential noise standards would make operating the commercial facility difficult. However, applying the commercial noise standards to the entire project would make the noise exposure levels at the residential portion of the building potentially too high. Mixed use projects represent a unique noise environment and it is important that a program be developed that allows mixed use to operate with a minimum amount of conflict. Mechanical Equipment Noise Various Heating Ventilating and Air Conditioning (HVAC) installations and occasional pool and spa pumps can be noise intrusions. Noise intrusions from HVAC equipment has been a problem in the past, especially in areas such as Balboa Island, Lido Island, and the Peninsula where the homes are very close together, and in commercial areas as well when abutting residential areas. However, the Citys Municipal Code now requires a permit before installation of new HVAC equipment. Permits are only granted when a sound rating of the proposed equipment does not exceed standards, or is installed with a timing device that will deactivate the equipment during the hours of 10:00 P.M. to 7:00 A.M. if the standards are exceeded. Just because HVAC equipment sound ratings are reviewed during plan check, as well as tested in the field after installation, it can still be problematic over time. As equipment ages and sometimes suffers from lack of maintenance, noise from the equipment can increase. Because of this, the City still deals with HVAC equipment noise on a complaint basis, in order insure ongoing compliance with the standards of the Code. Recreational Activities Another source of stationary noise in Newport Beach is recreational activities such as league and youth sporting games, as well as recreational rowers in Newport Harbor. These activities are NOISE— URAFE,1 /20/06 6 1'' sometimes scheduled during early morning hours on the weekends and can be a source of noise intrusion on nearby residences. Types of noise generated include people shouting and whistles /homs blowing. Some sporting events also utilize loudspeakers. Nuisance Noise Residential party noise, boat party noise, and barking dogs are considered nuisances. These sources of noise are difficult to attenuate, and difficult to control. Nuisance noise complaints are typically dealt with through code enforcement. Residential Party Noise — Residential party noise, particularly on Balboa Island, Balboa Peninsula, and in West Newport Area has been an ongoing problem. There are many difficulties in trying to control parry noise. If a noise limit is established for enforcement using a quantitative measure, the code enforcer would be required to make noise measurements of the intrusive noise. Often, the disturbing levels of noise that were generated by a party are reduced once a code enforcer arrives on the premises to make measurements. Therefore, party noise level measurements may be an impractical means of party noise enforcement since it is often not possible to accurately capture the loud noise levels being generated by the party. Historically, police officers use their judgment for identifying and controlling party noise problems. Additionally, a recently adopted ordinance addressing police services has been effective in curbing pang- related noise. Boat Party Noise — Charter boats, generally larger in size and carrying large numbers of paid passengers, have also been a source of noise. These boats can control on -deck noise by means of eliminating outside loudspeakers. The City recently amended its Municipal Code to provide greater regulations of charter boat operations. Barking Dogs —Dog barks can be characterized as being impulsive and startling or continuous and sustained. In either event, it can be a major source of noise disturbance. When dogs are outdoors, it is very difficult to attenuate the noise. Noise Sensitive Receptors Newport Beach has a number of public and private educational facilities, hospitals, convalescent homes, day cares, and other facilities that are considered noise sensitive. However, the primary noise sensitive use within the City is residential use. The noise exposure of these sensitive uses varies from low, in quiet residential areas, to high, in areas adjacent to the freeway. Community Noise Contours Noise contours for all of the major noise sources in Newport Beach, which include motor vehicles on roadways and freeways, and aircraft at the John Wayne Airport, were developed for existing conditions and future conditions. Existing noise contours were determined from the 2003 traffic levels and existing aircraft levels for these sources, and are expressed in terms of the CNEL. Existing noise contours are shown in Figure 1(1) through Figure 1(3). Future noise conditions for roadways are presented for the 20 year time period ending 2025 and were derived from projected traffic levels for that horizon year. These noise contours are based on complete buildout of the General Plan, and are shown in Figure 2(1) through Figure 2(3). NOISE— ORAFE,1 /20/06 7 I1� These future noise contours will assist in setting policies for establishing new land uses and appropriate mitigation for properties that will continue to be exposed to higher noise levels. The aircraft noise contours that are used for planning purposes by the County of Orange and Airport Land Use Commission are found in the Airport Environs Land Use Plan and are derived from the 1985 Master Plan for John Wayne Airport and the accompanying EIR 508. These noise contours are based on fleet mix and flight level assumptions developed in EIR 508, and are shown in Figure 2(2). Noise contours represent lines of equal noise exposure, just as the contour lines on a topographic map are lines of equal elevation. The contours shown on the maps are the 60, 65, and 70 dB CNEL noise levels. The noise contours represent the maximum possible traffic noise levels at locations within them (i.e., they do not included the attenuative effects of walls, structures, and terrain features that might intervene between the roads and any location of interest) and should be used as a guide for land use planning. The 60 dB CNEL contour defines the Noise Referral Zone. This is the noise level for which noise considerations should be included when making land use policy decisions that effect existing and proposed noise - sensitive developments. The 65 dB CNEL contour describes the area for which new noise sensitive developments will be permitted only if appropriate mitigation measures are included such that the standards contained in this Element are achieved. The Airport Land Use Commission's Airport Environs Land Use Plan ( AELUP) for John Wayne Airport (lasts amended in 2002) only allows residential uses and other noise - sensitive uses within a 65 dBA contour if the interior noise standard of 45 dBA CN L can be maintained with an accompanying dedication of an avigation easement for noise to the airport proprietor applicable to single family residences. The AELUP also strongly recommends that if any residential uses are allowed within a 60 dBA CNEL contour that sufficient sound attenuating methods are used to maintain a 45 dBA CNEL interior noise level. Typical Noise Attenuation Methods Noise impacts can typically be abated using four basic methods: (1) reducing the sound level of the noise generator, (2) interrupting the noise path between the source and receiver, (3) increasing the distance between the source and receiver, and (4) insulating the receiver with building materials and construction methods more resistant to noise intrusion. Quieting certain noise sources may often be successfully achieved through design or the use of mufflers. However, a local government has limited direct control of transportation noise at the source. This control lies with the state and federal agencies that have this responsibility. The most effective method available to the City to mitigate transportation noise and reduce the impact of the noise onto the community is through comprehensive planning that includes noise as planning criteria, the inclusion of noise mitigation in project planning and design, and improved building noise reduction characteristics. Noise may also be minimized by strategically placing a noise barrier (wall, berm, or combination wall/berm), the most common way of alleviating traffic noise impacts. Generally, effective noise shielding requires a continuous, solid barrier with a mass which is large enough to block the line of sight between source and receiver. Variations may be appropriate in individual cases based on distance, nature, and orientation of buildings behind the barrier, and a number of other factors. NOISE — DRAFT, I /20/06 8 1 kf Garage or other structures may be used to shield dwelling units and outdoor living areas from non - aircraft noise. The effects of noise may also be minimized by separating or isolating the noise source from the potential receiver. Wide buffers along freeways, for example, may reduce the noise level affecting adjacent noise sensitive land uses. These buffer areas maybe developed with less sensitive uses. Building interior noise levels can also be reduced by protecting the receiver with acoustical structures, enclosures, or construction techniques. Windows and doors are the most important paths for sound to enter a structure. Use of sound insulating doors and double paned windows can provide substantial reductions of intenor noise levels. Because these features have little effect in reducing noise when they are left open, installation of air conditioning for adequate ventilation maybe required. Noise concerns should be incorporated into land use planning to reduce future noise and land use incompatibilities. This is achieved by establishing standards and criteria that specify acceptable limits of noise for various land uses throughout the City. These criteria are designed to integrate noise considerations into land use planning to prevent noise /land use conflicts. Table 3 presents criteria used to assess the compatibility of proposed land uses with the noise environment. These criteria are the basis for the development of specific noise standards. These standards, shown in Table 4, present the City policies related to land uses and acceptable noise levels. These tables are the primary tools which allow the City to ensure integrated planning for compatibility between land uses and outdoor noise and are described further below. The Land Use Compatibility Matrix presented in Table 3 presents broad ranges of compatibility and is intended to be flexible enough to apply to a wide range of projects and environments. For example, a project in a large undeveloped area may be evaluated in the compatibility matrix differently than an infill project in a densely developed area of the City. But in no case would it be desirable for any land use to have noise exceeding the highest "normally compatible" noise level shown in the matrix. This matrix is intended to be used as one of the many factors used in the land use planning process. The Noise Standards presented in Table 4 are intended to be much more specific in terms of project requirements. These standards are intended to be design performance requirements that are not exceeded. And while the compatibility matrix covers broad ranges of compatibility, the design standards are specific; inability to meet the design standards would be inconsistent with this Element of the General Plan. It should be noted that only the interior noise standard of 45 CNEL for residential uses is required by California and it applies only to multi - family projects (California Noise Insulation Standards, California Administrative Code, Title 24, Part 2). The most effective method to control community noise impacts from nontransportation noise sources is through application of noise ordinances or regulations. These are designed to protect quiet residential areas from stationary noise sources. The noise levels encouraged by noise ordinances assure that noise from mechanical equipment, and other types of nontransportation noise are not excessive in residential areas. NOISE- URAFF, 1/20/06 0 1 ' 1 Land Use Categories - - Community Noise Equivalent Level (CNEL) Categories Uses <55 1 60 1 65 1 70 1 75 1 80, Residential Single Family, Two Family, Multiple A A B B C I D I D design are determined. Conventional construction, with closed windows and fresh air Family supply systems or air conditioning, will normally suffice. Zone C New construction or development should generally be discouraged. If new construction or Normally Incompatible developmentdoes proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design. Residential Mobile Home A A B C C D D Commercial Hotel, Motel, Transient Lodging A A B B C C D Regional, District Commercial Commercial Retail, Bank, Regional, Village A A A A B B C District, Special Restaurant, Movie Theatre Commercial Office Building, Research and Industrial `Development, Professional Offices, A A A 6 6 C D Institutional City Office Building Commercial Recreational Amphitheatre, Concert Hall B C D Institutional Auditorium, Meeting Hall B C D D Civic Center Children's Amusement Park, Commercial Miniature Golf Course, Go-cart B B D Recreation Track, Equestrian Center, Sports A A A D Club Commercial Automobile Service Station, Auto General, Special Dealership, Manufacturing, A A A A B B B Industrial, Institutional Warehousing, Wholesale, Utilities Institutional Hospital, Church, Library, Schools' A B C C D General Classroom A D Open Space Parks A A A B C D D Golf Course, Cemeteries, Nature Open Space Centers Wildlife Reserves, Wildlife A A A A B C C Habitat Agriculture Agriculture A A A A A A A SOURCE: Mestre Greve Associates Zone A Specified land use is satisfactory, based upon the assumption that any buildings involved Clearly Compatible are of normal conventional construction without any special noise insulation requirements. Zone B New construction or development should be undertaken only after detailed analysis of the Normally Compatible noise reduction requirements and are made and needed noise insulation features in the design are determined. Conventional construction, with closed windows and fresh air supply systems or air conditioning, will normally suffice. Zone C New construction or development should generally be discouraged. If new construction or Normally Incompatible developmentdoes proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design. Zone D New construction or development should generally, not be undertaken. Clearly Incompatible NOISE- ORAFE, I /20/06 Ip I K Land Use Categories I Energy Average -CNEL Categories Uses Interior..b Exteriora,b Allowable Allowable Allowable Allowable Interior Noise Interior Noise Exterior Noise Exterior Noise Level(Leq) Level(Leq)10 Level(Leq) Level (Leq)10 7am to lOpm pm to 7 am lam to 10pm pm to 7 am Single Family, Two Family, Multiple Family 45 40 55 50 (Zone I) Residential Residential Portions of Mixed Use 45 40 60 50 Developments (Zone III) Commercial (Zone II) N/A N/A 65 60 Commercial Industrial or Industrial Manufacturing (Zone N/A N/A 70 70 IV) Schools, Day Care Centers, churches, Institutional Libraries, Museums, 45 40 55 50 Health Care Institutions (Zone 1) SOURCE: EIP Associates, 2006 Notes a If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. b It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured on any other property, to exceed either of the following: • The noise standard for the applicable zone for any fifteen- minute period; • A maximum instantaneous noise level equal to the value of the noise standard plus twenty dBA for any period of time (measured using A- weighted slow response). • In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said category shall be increased to reflect the maximum ambient noise level. • The noise standard for the residential portions of the residential property falling within one hundred feet of a commercial property, if the intruding noise originates from that commercial property. • If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. GDALS AND PDLICIES Noise and Land Use Compatibility Goal N1 Minimized land use conflicts between various noise sources and other human activities. Policy NIA Require that all proposed projects are compatible with the noise environment through use of Table 3, and enforce the interior and exterior noise standards shown in Table 4. NOISE- 11RAFE,1 /20/06 11 11 W Policy N1.2 Require that all remodeling and additions of structures comply with the noise standards shown in Table 4. Policy N1.3 Require that applicants of residential portions of mixed -use projects and high density residential developments in urban areas (such as the Airport Area and Newport Center) demonstrate that the design of the structure will adequately isolate noise between adjacent uses and units (common floor /ceilings) per the California Building Code. Policy N1.4 Allow a higher exterior noise level standard for infill projects in existing residential areas adjacent to major arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall continue to be enforced for any residential project. Policy N1.5 Consider a higher exterior noise level standard for residential portions of mixed -use developments of 65 dBA Leq from 7:00 A.M. to 10:00 P.M., and 60 dBA Leq from 10:00 P.M. to 7:00 A.M., provided that the interior standard of 45 dBA CNEL is met. Policy N1.6 Require, whenever physically possible, new mixed -use developments to site loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development. Policy N1.7 Limit hours of commercial /entertainment operations adjacent to residential and other noise sensitive uses in order to minimize excessive noise to these receptors. Policy N1.8 Require the employment of noise mitigation measures for sensitive uses when a significant noise impact is identified. A significant noise impact occurs when there is an increase in CNEL, as shown in the table below. CNEL (dBA) dBA increase. 55 3 60 2 65 1 70 1 Over 75 Any increase is considered significant Transportation - Related Noise Goal N2 Minimized motor vehicle traffic and boat noise impacts on sensitive noise receptors Policy N2.1 Require that new noise sensitive uses within the 60 dBA and 65 dBA CNEL roadway contours demonstrate that the project will meet interior and exterior noise standards. NOISE— DRAFT, 1 /ZD /D6 12 11 \ Policy N2.2 Require the use of walls, berms, interior noise insulation, double paned windows, or other noise mitigation measures, as appropriate, in the design of new residential or other new noise sensitive land uses that are adjacent to major roads. Application of the Noise Standards in Table 4 shall govern this requirement. Policy N2.4 Limit the hours of truck deliveries to commercial uses abutting residential Policy N3.3 Oppose any attempt to modify the existing noise restrictions, including the uses and other noise sensitive land uses to minimize excessive noise unless Policy N3.4 there is no feasible alternative or there are overriding transportation benefits by scheduling deliveries at other hours. Policy N2.5 Encourage the enforcement of State Motor Vehicle noise standards for cars, Policy N3.5 trucks, and motorcycles through coordination with the California Highway Patrol and Newport Beach Police Department. Policy N2.6 Require all boating activities to comply with the noise standards outlined in Policy N3.6 the Municipal Code. Goal N3 Protection of the quality of life of Newport Beach residents from noise impacts associated with air carrier operations at JWA. Policy N3.1 Ensure new development is compatible with the noise environment by using the airport noise contour maps as guides to future planning and Policy N3.8 development decisions. Policy N3.2 Require that any residential or sensitive noise uses to be located within the 60 dBA or 65 dBA CNEL airport noise contour maintain an interior noise level of 45 dBA CNEL. Policy N3.3 Oppose any attempt to modify the existing noise restrictions, including the ■ Oppose, or seek protection from any federal legislative or regulatory action that would or could affect or impair the County's ability to operate JWA consistent with the provisions of the JWA Amended Settlement NOISE-DRAFT, 1/20/06 13 l � 0 curfew and the General Aviation Noise Ordinance. Policy N3.4 Oppose any attempt to construct a second air carrier runway including the acquisition of land necessary to provide required separation of the existing air carrier runway and any proposed facility. Policy N3.5 Support any plan or proposal that maintains, and oppose any plan or project that proposes any significant changes to the existing level of general aviation operations and general aviation support facilities. Policy N3.6 Support preservation or enhancement of the existing remote monitoring systems (RMS) and the public reporting of the information derived from the RMS. Policy N3.7 Support means of satisfying some of Orange County's air transportation demand at facilities other than JWA. Policy N3.8 Take all steps necessary to preserve and protect the validity of the JWA Amended Settlement Agreement, including: ■ Oppose, or seek protection from any federal legislative or regulatory action that would or could affect or impair the County's ability to operate JWA consistent with the provisions of the JWA Amended Settlement NOISE-DRAFT, 1/20/06 13 l � 0 Agreement or the City's ability to enforce the Amended Settlement Agreement. • Approving amendments of the JWA Settlement Agreement to ensure continued validity provided the amendments do not impair the quality of life of Newport Beach residents. • Continuing to monitor possible amendment of the Airport Noise and Capacity Act of 1990 as well as various FAA Regulations and Advisory Circulars that relate to aircraft departure procedures. Nontransportation - Related Noise Goal N4 Minimized nontransportation - related noise impacts on sensitive noise receptors. Policy N4.1 Enforce interior and exterior noise standards outlined in Table 4, and in the City's Municipal Code to ensure that sensitive noise receptors are not exposed to excessive noise levels from stationary noise sources, such as heating, ventilation, and air conditioning equipment. Policy N4.2 Require that new uses such as restaurants, bars, entertainment, parking facilities, and other commercial uses where large numbers of people may be present adjacent to sensitive noise receptors obtain a use permit that is based on compliance with the noise standards in Table 4 and the City's Municipal Code. Policy N4.3 Consider limiting hours of when recreational activities in parks and the harbor can take place. Regulate the use of sound - amplifying equipment through the City's Municipal Code. Policy N4.4 Regulate the control of nuisances, such as residential party noise, boat party noise, and barking dogs, through the City's Municipal Code. Construction Noise Goal 5 Minimized excessive construction - related noise. Policy N5.1 Enforce the limits on hours of construction activity. NOISE— ORAFF,1 /20/66 14 `O 0 E 0 :kae) IF ) { 2 zz \§) / \ }�[ � \z §, \ \ >:l,6; 0 0 1�1 ~ 44Rm) {); \� §§ § / \\ %�{\ \\\ § %E /) � 0 0 0 0 r� ►-J � 0 0 � \� } \ § [/ \\\\} $ \\ \ \)§ / {\ ) 0 0 ATTACHMENT C Draft Mariners' Mile Policies and Mariners' Mile Chapter of the Draft LUE as Recommended by the City Council I1-7 City of Newport Beach General Plan Update Mariners' Mile Viewshed Policy January 23, 2006 In reviewing the draft Land Use Element, the City Council requested clarification of Policy 6.19.9 addressing the protection of visual corridors from Coast Highway to the Harbor from Coast Highway. As amended by the Planning Commission, the policy states: Require that buildings be located and sites designed to provide significant visual corridors of the Bay from Coast Highway. The Council requested clarification of "significant visual corridor." Two basic approaches have been used by other municipalities in their Local Coastal Programs to address this issue. One defines general policies for the intended character of development and visual access across the project site, deferring specific standards to subsequent zoning and/or determining the appropriate view corridor through development review procedures to facilitate consideration of the unique conditions of each project. Alternatively, some municipalities have incorporated specific open space corridor standards in their policy documents. While the latter may provide certainty regarding the scale of a visual corridor, it is a "one shoe fits all" solution that may fail to take into account unique site characteristics, such as property size and configuration, uses, building form and heights, and driveway access, which may warrant consideration of alternative solutions for the size, location, and design of the view corridor. For example, the number and size of view corridors on a 400 foot wide parcel may vary significantly from those that may be 800 feet in width. In our opinion, a general policy approach that provides some flexibility is preferred and would enable the City to work with developers in creating a plan that is uniquely responsive to each project site. In addition, it should be noted that the issue of view corridors in Mariners' Mile has primarily been discussed in context of proposed mixed -use development of the Harbor frontages. As any development could adversely impact views, we recommend that any policy selected by the GPAC be applied to all proposed development projects in this corridor. 1. Recommended General Policy Approach. New development shall be sited and designed to provide views of the Harbor from Coast Highway. This shall include the clustering of buildings to provide open corridors to the Harbor, which provides a dedicated open corridor to the Harbor, modulation of building volume and mass; variation of building heights; inclusion of porticoes, arcades, and other "see- through" elements into the buildings; and avoidance of landscape, fencing, and other non - structural elements that block views of the Harbor. ■ A site - specific visual impact analysis should be conducted for significant new development to determine and quantify impacts to the visual quality of the area and to visual access. ■ New development should prevent an appearance of the public roadway being walled off from the Harbor. Ig ■ New development proposed on property between the Harbor and Coast Highway should incorporate setbacks that, in conjunction with setbacks on adjacent properties, form functional view corridors 2. Alternative Specific Standards Approach. New development on the Harbor side of Coast Highway shall be planned and designed to provide a view corridor to the Harbor, in accordance with the following criteria: • Buildings shall not occupy more than 80 percent of the Harbor frontage of properties of 200 feet or greater length. • The remaining 20 percent shall be maintained as a contiguous open space for views from Coast Highway to the Harbor. • Fencing or landscaping within the visual corridor shall be visually permeable and not block or obscure bluewater views. 4 )2 l Mariners' Mile (Draft Land Use Element) 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. A large site is developed with the Balboa Bay Club and Resort, a hotel, private club, and apartments located on City tidelands. A number of properties contain non - marine commercial uses, offices, and a multi -story residential building. Inland properties are developed predominantly for highway - oriented retail, neighborhood commercial services. A number of sites contain automobile dealerships and service facilities and neighborhood - serving commercial uses. The latter includes salons, restaurants, apparel, and other specialty shops ranging from wine stores to home furnishings stores. While single use free - standing buildings predominate, there are a significant number of multi- tenant buildings that combine a number of related or complementary uses in a single building or buildings that are connected physically or through design. The Mariners' Mile Strategic Vision and Design Plan provides for the area's evolution as a series of districts serving visitors and local residents. Along the northern portion of Coast Highway in the vicinity of Tustin Avenue, Riverside Avenue, and Avon Street, it provides for a pedestrian - friendly retail district. In the western and easternmost segments, the Plan provides for the improvement of the auto - oriented strips, and it proposes a vibrant public waterfront. Throughout the corridor, the Plan proposes to upgrade its visual character with new landscaping and streetscape amenities, as well as improvements in private development through standards for architecture and lighting. Plans provide for the widening of Coast Highway, reducing the depth of parcels along its length. Recent development projects have set back their buildings in anticipation of this change. Traffic along the corridor and the potential for widening also impact the ability to enhance pedestrian activity and streetscape improvements, unless overhead pedestrian crossings are considered. Visioning process , participants identified Mariner's Mile as a location that needs revitalization and suggested that an overall vision be defined to meet this objective. It was also defined as a location appropriate for mixed -use development integrating residential and commercial or office space. A majority opposed hotel development in Mariner's Mile. Participants were divided on the questions of preserving opportunities for coastal - related uses in Mariner's Mile and whether the City should require or offer incentives to assure such uses. Property owners noted that high land values and rents limit the number of marine - related uses that can be economically sustained in the area. Although the public supported the development of residential in Mariner's Mile, there was a difference of or limited it to inland parcels. Goal 6.19 A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods, and exhibits a quality visual image for travelers on Coast Highway. GPAC 1 -28 -06 1 y) Policies Structure LU 6.19.1 Differentiated Districts Differentiate and create cohesive land use districts for key sub -areas of Mariners' Mile by function, use, and urban form. These should include (a) harbor - oriented uses with limited residential along the waterfront; (b) community /neighborhood serving "village" generally between Riverside Avenue and the southerly extension of Irvine Avenue, and (c) highway - oriented commercial corridor (see Figure 7). Land Uses (refer to Figure 7) LU 6.19.2 Bay Fronting Properties (designated as "MU -C1 ") Accommodate marine - related and visitor - serving retail, restaurant, hotel, institutional, and recreational uses, as well as, on a project -by- project basis, residential uses on parcels with a minimum frontage of 200 lineal feet where a minimum of 50% of the permitted square footage shall be devoted to non- residential uses. LU 6.19.3 Marine - Related Businesses Protect and encourage facilities that serve marine - related businesses and industries unless present and foreseeable future demand for such facilities is already adequately provided for in the area. Encourage coastal- dependent industrial uses to locate or expand within existing sites and allowed reasonable long -term growth. LU 6.19.4 Inland side of Coast Highway (designated as "MU -BI " and "CG -C ") Accommodate a mix of visitor and local- serving retail commercial, residential, and public uses. The Coast Highway frontage shall be limited to non- residential uses. On Inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as grocery stores, specialty retail, small service office, restaurants, coffee shops, and similar uses. LU 6.19.5 Parking Require adequate parking and other supporting facilities for charters, yacht sales, visitor - serving, and other waterfront uses. Desian and Development Corridor LU 6.19.6 Corridor Identity and Quality Implement landscape, signage, lighting, sidewalk, pedestrian crossing, and other amenities consistent with the Mariner's Mile Specific Plan District and Mariners' Mile Strategic Vision and Design Plan. GPAC 1 -28 -06 131 Harbor Fronting Properties LU 6.19.7 Architecture and Site Planning While a diversity of building styles is encouraged, the form, materials, and colors of buildings located along the harbor front should be designed to reflect the area's setting and nautical history. LU 6.19.8 Integrating Residential -Site Planning Principles Require that properties developed for residential locate the units on the street side of or above harbor - fronting commercial uses. LU 6.19.9 Bay Views Require that buildings be located and sites designed to provide significant visual corridors of the Bay from Coast Highway. LU 6.19.10 Waterfront Promenade Require that development on the Bay frontage implement amenities that assure access for coastal visitors. Pursue development of a pedestrian promenade along the Bayfront. Community /Neighborhood Village LU 6.19.11 Pedestrian - Oriented Village Require that inland properties that front onto internal streets within the Community /Neighborhood Village locate buildings along and forming a semi - continuous building wall along the sidewalk, with parking to the rear, in structures, or in shared facilities and be designed to promote pedestrian activity. LU 6.19.12 Properties Abutting Bluff Faces Require that development projects locate and design buildings to maintain the visual quality and maintain the structural integrity of the bluff faces. LU 6.19.13 Building Heights Consider the modification of the boundary of the Shoreline Height Limitation Zone (26') to accommodate higher mixed use buildings, where these are located adjacent to bluffs and the viewshed "envelope" is maintained. Strateav LU 6.19.14 Parking Lot Relocation Consider options for the relocation of the City parking lot on Avon Street to better support the corridor's retail uses. LU 6.19.15 Postal Distribution Center Relocation Consider options for the relocation of the postal distribution center to reduce parking impacts in the immediate area. GPAC 1 -28 -06 )32- LU 6.19.16 Parking and Supporting Facilities for Waterfront Uses Explore additional options for the development and location of parking and other supporting facilities for charters, yacht sales, and other waterfront uses. GPAC 1-28 -06 133 ATTACHMENT D Draft Harbor and Bay Goals and Policies AS Changes recommended by Harbor Commission shown in s#ikeou# /underline Harbor and Bay Element Newport Bay, including the Upper Bay and Newport Harbor in the Lower Bay, is a vital component of Newport Beach's natural resources, community identity and economy. Some aspects of the Harbor and Bay, are covered n the Natural Resources and Recreation Elements. The Lower Bay and Newport Harbor have many relationships to the use of the uplands along the waterfront, and it is appropriate to address these areas and issues associated with them in the Land Use Element. Over the decades, public and private initiatives have enhanced and improved the natural resources of the Lower Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with recreational boaters, restaurants and waterfront homes. Today, fish canning and shipbuilding industrial uses are gone, while a wide range of recreational boating activities such as sport fishing, kayaking, diving, wind surfing, sailboat racing excursion and entertainment boat activities, as well as visitor serving commercial and recreational uses and waterfront residences, are the main land uses located along the harbor. These different users of coastal lands and the water can lead to competing interests and demands, which are magnified by rising land values and a changing economic climate. Several issues presently face the harbor and bay areas. These include: • Economic pressures to replace marine uses and harbor support facilities and services with residential uses. • Balancing access to and benefits of marine uses such as recreational boating activities and marine commercial uses with associated impacts such as noise, traffic, parking, and disturbances to sensitive environmental resources and habitats. • Increasing demand to accommodate larger vessels in the harbor, leaving limited affordable berthing and dry storage options for smaller boats and vessels. The goals and policies pertaining to harbor issues are intended to guide the content of regulations related to development of, and the activities conducted on, the water. Additional goals and policies recognize the important component of land use decisions related to waterfront property around Newport Harbor. The aim of Harbor and Bay related goals and policies is to preserve the diversity and charm of existing uses without unduly restricting the rights of the waterfront property owner. Goals and policies within the Harbor and Bay Element have been organized to address both water and land related issues. 135-� Diversity of Land Uses Goa15.14 Preservation of the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, and that provide needed support for recreational boaters, visitors, and residents. Policies LU5.14.1 Preserve and enhance the following uses that contribute to the diversity and charm of Newport Bay, and the balance among them: • C—es#elWater- dependent and water - related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. • Eeastal- Waterdependent and water - related commercial activities such as passenger /sightseeing boats, passenger- fishing boats, boat rentals and sales, entertainment boats, boat /ship repair and maintenance, and harbor maintenance facilities. ■ C—eastalWater- enhanced commercial uses such as restaurants and retail stores. • C—eastelWater- related public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of, Newport Harbor. • Coastal residential communities. LU 5.14.2 Encourage the creation of a waterfront public space, with adjacent water access and docking facilities that serves as the identity and activity "center" of Newport Harbor for special events of community /regional interest. Goal 5.15 Retention of ceas' ^' ^' water - dependent and coastal- water - related uses and recreational activities as primary uses of properties fronting on the Harbor. Policies LU 5.15.1 Site and design new development to avoid impacts to existing and potential eeasfal- water- dependent and ceasfal water- related uses. LU 5.15.2 Consider the impact on eoasta{- water- dependent and c-oesfel water- related land uses when reviewing proposals for land use changes, considering both the subject property and adjacent properties. LU 5.15.3 Encourage the preservation and enhancement of existing marine support uses serving the needs of existing waterfront uses and the boating community. LU 5.15.4 Accommodate private sector uses, such as vessel assistance, that provide emergency, environmental enhancement and other services that are not provided by the public sector and that are essential to the operation of a working harbor. LU 5.15.5 Encourage development of waterfront facilities that accommodate displaced eeesfal- water- dependent uses. 13� LU 5.15.6 Ensure that new or improved public access facilities are compatible with existing, permitted land uses and consistent with the availability of supporting infrastructure, such as parking and restrooms. Goal 5.16 Enhanced and updated waterfront commercial areas. Policies LU 5.16.1 Preserve and /or enhance existing eeasfGwater- enhanced, c-eastalwater- related and Goestal water- dependent commercial uses and marine oriented commercial areas through building improvements and programs that preserve the design and character of the Harbor. LU 5.16.2 E-aDiscourage redevelopment of water - dependent Herber commercial uses_. Allow redevelopment assuring water - dependent uses remain, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. LU 5.16.3 In establishing land use regulations, consider the operational characteristics of land uses that support the Harbor, and whether such uses can be relocated to inland locations and /or if technological advances will eliminate the need for such support uses in the foreseeable future. (CLUP Policy 3.3.3 -3) Diversity of Water Uses Goa15.17 Preservation of existing commercial uses in the Harbor to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters, and other eoestal- water- dependent uses. Policies LU 5.17.1: Support continued operation of passenger /sightseeing boats, passenger fishing boats ( "day boats "), and long -term boat rentals and sales. LU 5.17.2: Support continued short-term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft. LU 5.17.3: Support continued operation of entertainment and tour boats subject to reasonable regulations designed to ensure the operations don't have an adverse impact, such as unsafe navigation, impaired water quality, reduced visual quality, excessive noise, unsafe street traffic conditions, or parking shortages on the environment and land uses surrounding the harbor. LU 5.17.4 Limit the number of "live- aboard" vessels to protect the environment, and impacts to the public and waterfront owners /lessees. 1'Y7 Goo15.18 A variety of vessel berthing and storage opportunities. Policies LU 5.18.1 Protect and, where feasible through the use of new desians and technology, enhance and expand marinas and dry boat storage facilities. (CLUP Policy 3.3.2 -1) LU 5.18.2 Provide a variety of berthing and mooring opportunities throughout Newport Harbor, reflecting State and regional demand for slip size and affordability. (CLUP Policy 3.3.3 -2) LU 5.18.3 Provide anchorages in designated Federal areas that minimize interference with safe navigation and where shore access and support facilities are available. LU 5.18.4 Authorize, pursuant to permit, license or lease, new and existing piers and docks bayward of waterfront residential properties, subject to appropriate conditions that ensure compatibility with residential uses. LU 5.18.5 r_I .n cite revenue to . - Facilitate access to vacant moorings for temporary rental Visual Character Goo15.19 Preservation and enhancement of Newport Harbor's variety of beach /bulkhead profiles that characterize its residential and commercial waterfronts. Policies LU 5.19.1 Balance private property rights, natural harbor hydroulietidal and current forces and other coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. LU 5.19.2 Permit and design bulkheads and groins to protect the character of the existing beach profiles found around the Harbor and island perimeters, and the safe navigation and berthing of vessels, LU 5.19.3 Limit structures bayward of the bulkhead line to piers, floats, groins and appurtenances related to marine activities. (CLUP 3.1 -4 -4) 13� LU 5.19.4 Utilize State and City regulations to remove derelict, abandoned and unseaworthy vessels from City controlled tidelands oromotiv. Administration Goal 5.20 Coordination between the City. County, State, and Federal agencies having regulatory authority in the Harbor and Bay. Policies LU 5.20.1 Prepare and fund a joint City /County study that would do the following: • Identify the respective services provided by the City and County in Newport Harbor. • Determine the cost of those services. • Identify opportunities for the City and County to realign resources to provide services at reduced costs. • Identify the sources of revenue available to defray the cost of those services. • Identify potentially feasible methods of providing those services with volunteers rather than with public agency personnel. LU 5.20.2 Update Periodically review all Harbor planning, design. engineering, and environmental criteria, standards, requirements and processes. Goal 5.21 Adequate harbor access for coastal- dependent harbor maintenance equipment and facilities. Policies LU 5.21.1 Provide harbor access for harbor maintenance equipment and facilities, including dredging, dock demolition, repair and construction, mooring services, debris and spill management equipment, and general harbor construction, maintenance and repair. LU 5.21.2 Work with other controlling agencies within the Harbor, and /or the Bay, to define an area that can support harbor maintenance facilities and equipment. Goal 5.22 Balance between harbor revenues and expenses. Policies I 31 LU 5.22.1 Receive a fair return from all tideland users to recapture all related City investment, services and management costs. LU 5.22.2 Provide alternative and supplemental Harbor funding, including seeking federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor. LU 5.22.3 Se re !Gnger fer ,Review the administration of tidelands leases and permits, and consider accepted Best Management Practices to assist in redevelopment, maintenance, and financing of waterfront developments, and to reflect fair market value in the lease rates. Add Harbor and Bay policies from Recreation. Circulation, Natural Resources and Safety Elements, shown on attached chart. I ( O Cd C d W fC i O i fC 2 O N C rq m O N2 `° 'a a� ayi 3 0 3 3 o E c a� N O N O m> C N O N m U > 0 L O U 0 0° 3 3 @ N N C N N N U O O m O N O C C O O m m @ m N N It O O m f @ D O cu N N C ... 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L O O E 0 O E N Ol p O O E C C C N N d d C C N N C 0 O E O 0 C Q E C N C 'N O N N -C `p w @ C> O O U @ O C o_ 0 0 U O U Q 0 O O D ti ti -0 C @ v @NN O 0 =49� C > ti O@ O N O _ U C N O 0 N O� C N rLn 0 YO E U o o@ o a E 4) _ o_j 0 O N U W'0 -C QO. = O D.L.. 'O C >1 � V ti Q YO O o O -O O 'C C ' C •• @ O a)@ nO CN — C ED N N O p O ti O E O 0 M =` Ol aw N ti R' N > Z 7 O U_ O a co rn � T O U 0 � T @ N � w @ @ (� Z (V 6 C6 T U O a a q • 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 C.C. R. §6932. • An efficiency unit as if occupied by one person; a one bedroom as if occupied by two persons; a two bedroom as if occupied by four persons; a three bedroom as if occupied by six persons, and a four bedroom as if occupied by eight. • Rents for very low –, low -, and moderate - income households shall be no more than 30% of the income limits set forth in §6932. The selling price of an ownership unit shall be no more than 3 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 Year 2000 Newport Beach Housing Plan follow. CONSERVATION AND IMPROVEMENT OF HOUSING GOAL 1 QUALITY RESIDENTIAL DEVELOPMENT AND PRESERVATION, CONSERVATION, AND APPROPRIATE REDEVELOPMENT OF HOUSING STOCK • Policy 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. 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. Responsibility: Planning Department, Building Department the City Attorney and Code and Water Quality Enforcement. 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. Responsibility: Planning Department. Housing Program 1.1.3— Require replacement of housing demolished within the Coastal Zone when housing is or has been occupied by 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. Responsibility: Planning Department. • 73 VARIETY OF HOUSING OPPORTUNITIES GOAL 2 A BALANCED RESIDENTIAL COMMUNITY, COMPRISED OF A VARIETY OF • HOUSING TYPES, DESIGNS, AND OPPORTUNITIES FOR ALL SOCIAL AND ECONOMIC SEGMENTS Policy 2.1 Encourage preservation of existing and provision of new housing affordable to very low, low- and moderate income households. 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% 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. Responsibility: Planning Department. 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 low- and moderate - income housing requirements. Responsibility: Planning Department and City Council. Housing Program 2.1.43— 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. Responsibility: Planning Department. Housing Program 2.1.64— Conduct an annual compliance- monitoring program for units required to be occupied by very low -, low -, and moderate - income households. Responsibility: Planning Department. Policy 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 five (5) years. 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 20% of all new housing units to be affordable to very low -, low -, and moderate - income households. The City shall either a) require the production of • the housing units affordable to very low -, low- or moderate - income households, or b) 74 require the payment of an in -lieu fee, depending on the following criteria for project • size: 1. Projects of fifty or fewer units shall have the option of providing the units or paying the in -lieu fee. 2. Projects where more than fifty units are proposed shall be required to provide the units. All required very low –, low -, and moderate - income units shall be provided on -site unless at an off -site location approved by the City. 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 20% affordability requirements, the City will include conditions in the approval of discretionary permits and Tentative Tract Maps to require ongoing monitoring of those projects. Responsibility: Planning Department, Planning Commission and City Council. Housing 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. More than 20% of units shall be affordable when assistance is provided from Community Development Block Grant funds or the City's in -lieu housing fund. Responsibility: Planning Department, Planning Commission and City Council. Housing 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. • Responsibility: Planning Department and the City Council. • Housing Program 2.2.4—All required affordable units shall have restrictions to maintain their affordability for a minimum of 30 years. Responsibility: Planning Department, City Attorney and City Council. Housing Program 2.2.5 — Advise existing landowners and prospective developers of affordable housing development opportunities available within the Newport Banning Ranch, Airport Area, Newport Center, West Newport Mesa, West Newport highway, and Balboa Peninsula areas. Responsibility: Planning Department. Housing Program 2.2.6 — Periodically contact known local developers and landowners to solicit new affordable housing construction. Responsibility: Planning Department. Housing Program 2.2.7 — Participate in other housing assistance programs that assist production of housing. Responsibility: Planning Department. 75 Policy 2.3 Approve, wherever feasible and appropriate, mixed residential and commercial use developments that improve the balance between housing and jobs. 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 labor force of the project and for any restrictions on development due to the "Greenlight" initiative. Responsibility: Planning Department and Planning Commission ADEQUATE RESIDENTIAL SITES GOAL 3 HOUSING OPPORTUNITIES FOR AS MANY RENTER AND OWNER OCCUPIED HOUSEHOLDS AS POSSIBLE IN RESPONSE TO THE DEMAND FOR HOUSING IN THE CITY Policy 3.1 Mitigate potential governmental constraints to housing production and affordability by increasing the City of Newport Beach role in facilitating construction of affordable and moderate- and upper- income ownership housing. Housing Program 3.1.1— Provide a streamlined "fast- track" development review process for • proposed affordable housing developments. Responsibility: Planning and Building Department Housing Program 3.1.2 —When a residential developer agrees to construct housing for persons and families of low and moderate income above mandated requirements, the City shall either (1) grant a density bonus as required by State law, or (2) provide other incentives of equivalent financial value. Responsibility: Planning Department. Housinq Program 3.1.3— Review and consider in accordance with State law, the waiver of plannin 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 containing low- and moderate - income housing in proportion to the number of low- and moderate - income units in each entire project. Responsibility: Planning Commission and City Council. Policy 3.2 Enable construction of new housing units sufficient to meet City quantified goals by identifying adequate sites for their construction. Housing Program 3.2.1 — Identify the following sites as adequate, which will be made available through appropriate zoning and development standards and with public services and • 76 facilities needed to facilitate and encourage development of a variety of housing types • to meet City housing goals as identified pursuant to Government Code Section §65583(b): Banning Ranch, Airport Area, Newport Center, West Newport Mesa, West Newport highway, and the Balboa Peninsula areas Responsibility for achieving this program is that of the Planning Department and City Council. Housing Program 3.2.2— Update Zoning Code to reflect housing opportunities provided in the Land Use Element. Responsibility: Planning Department, Planning Commission and City Council. Housing Program 3.2.3 —When requested by property owners, the City shall 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. Responsibility: Planning Department, Planning Commission and City Council. PROVISION AND PRESERVATION OF AFFORDABLE HOUSING GOAL 4 PRESERVATION AND INCREASED AFFORDABILITY OF THE CITY'S HOUSING STOCK FOR VERY LOW —, LOW -, AND MODERATE - INCOME HOUSEHOLDS Policy 4.1 Encourage the extension of the affordability contracts for the developments • listed in Table 12 (City of Newport Beach Assisted Housing Summary) of this Housing Element beyond the years noted. Housing Program 4.1.1 — Periodically contact owners of affordable units for those developments listed in Table 12 to obtain information regarding their plans for continuing affordability on their properties. Responsibility: Planning Department. Housing Program 4.1.2 — Consult with the property owners regarding utilizing CDBG funds and in- lieu housing funds to maintain affordable housing opportunities in those developments listed in Table 12. Responsibility: Planning Department. Housing Program 4.1.3— 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. Responsibility: Planning Department. Housing Program 4.1.4 — Investigate availability of Federal, State, and local programs (including in- lieu funds) and pursue these programs if found feasible, for the preservation of existing low- income housing, especially for preservation of low- income housing that may increase to market rates during the next ten (10) years. A list of these programs, including sources and funding amounts, will be identified as part of this program and • maintained on an on -going basis. 77 Responsibility: Planning Department. Policy 4.2 Maintain and preserve existing City housing stock and improve energy • efficiency of all housing unit types (including mobile homes) 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. Responsibility: Planning Department. 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. Responsibility: Planning Department and the State of California. (The State will determine acceptability of the relocation impact report). 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. Responsibility: Planning Department 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 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. Responsibility: Planning Department. Housing Program 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. Responsibility: Planning Department and City Council. C 78 FAIR HOUSING GOAL 6 EQUAL HOUSING OPPORTUNITIES FOR ALL RESIDENTS • Policy 6.1 Support the intent and spirit of equal housing opportunities as expressed in Title VII of the 1968 Civil Rights Act, California Rumford Fair Housing Act, and the California Unruh Civil Rights Act. 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 Department counter. Responsibility: Planning Department and City Attorney. Housing Program 6.2.2 — Support fair housing opportunities by using Community Development Block Grant funds whenever necessary to enact Federal, State, and City fair housing policies. Responsibility: Planning Department. PROGRAM MONITORING • GOAL 7 EFFECTIVE AND RESPONSIVE HOUSING PROGRAMS AND POLICIES Policy 7.1 Review the Housing Element on a regular basis to determine appropriateness of goals, policies, programs, and progress of Housing Element implementation. Housing Program 7.1.1 —As part of its annual General Plan Review, the City shall provide information to the City Council on the status of all housing programs. The portion of the Annual Report discussing Housing Programs is to be distributed to the California Department of Housing and Community Development in accordance with California State. Responsibility: Planning Department. • m • Changes recommended by GPAC shown in s4keeut /underline Noise INTR0DUCTIDN The Noise Element of a General Plan is a tool for including noise control in the planning process in order to maintain compatible land use with environmental noise levels. This Noise Element identifies noise sensitive land uses and noise sources, and defines areas of noise impact for the purpose of developing policies to insure that Newport Beach residents will be protected from excessive noise intrusion. The Noise Element follows the revised state guidelines in Section 46050.1 of the Health and Safety Code. The element quantifies the community noise environment in terms of noise exposure contours for both near and long -term levels of growth and traffic activity. The information contained in this document provides the framework to achieve compatible land uses and provide baseline levels and noise source identification for local noise ordinance enforcement. BACKGR0UND Sound is created when objects vibrate and produce pressure variations that move rapidly outward into the surrounding air. The main characteristics of these air pressure waves are amplitude, • which we experience as a sound's `loudness" and frequency, which we experience as a sound's "pitch." 'The standard unit of sound amplitude is the decibel (dB), which is a measure of the physical magnitude of the pressure variations relative to the human threshold of perception. The human ear's sensitivity to sound amplitude is frequency- dependent and thus a modification is usually made to the decibel to account for this; A- Nveighted decibels (dBAs) incorporate human sensitivity, to a sound's frequency as well as its amplitude. • Noise is generally defined as unwanted sound, aspects of which can negatively affect the physiological or psychological well-being of individuals or communities. A typical noise environment consists of a base of steady ambient noise that is the sum of many distant and indistinguishable noise sources. Superimposed on this background noise is the sound from individual local sources. These can vary from an occasional aircraft or train passing by to virtually continuous noise from, for example, traffic on a major highway. Noise in excessive levels can affect our living environment and quality of life. Several quantitative indicators are commonly used to gauge the likelihood that environmental noise would have an adverse effect on a community. These indicators consider that the most disruptive aspects of noise are strongly associated with the average acoustical energy content of the sound over the time it occurs and /or with the time of day when the sound occurs. The indicators used in the Noise Element are as follows: ■ L the equivalent energy noise level, is the average acoustic energy content of noise for a stated period of time. Thus, the L,y of a time- varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. For CHANGES RECDMMENDED BY GPAC SHDWN IN STRIKEOUT /UNDERLINE— DRAFT, 1 /20/06 ■ CNEL, the Community Noise Equivalent Level, is a 24 -hour average L4 with a 10 dBA "weight" added to noise during the hours of 10:00 P.at. to 7:00 A. l., and a 5 dBA "weight" • added during the hours of 7:00 P.at. to 10:00 P.m. to account for increased noise sensitivity in the evening and nighttime. Noise environments and consequences of human activities arc usually well represented be median noise levels during the dav, night, or over a 24 -hour period. Environmental noise levels are generally considered low when the CNEL is below 55 dBA, moderate in the 55 to 70 dBA range, and high above 70 dBA. Examples of low daytime levels are isolated natural settings that can provide noise levels as low as 20 dBA, and quiet suburban residential streets that can provide noise levels around 40 dBA. Noise levels above 45 dBA at night can disrupt sleep. Examples of moderate level noise environments are urban residential or sett- commercial areas (typically 55 to 60 dBA) and commercial locations (typically 60 dBA). People may consider louder environments adverse, but most will accept the higher levels associated with more noisy urban residential or residential - commercial areas (60 to 75 dBA) or dense urban or industrial areas (65 to 80 dBA). Additional examples of sound levels and loudness in indoor and outdoor environments are shown in Table 1. Noise and land use compatibility for various uses are shown in Table 2. Table 1 Representative Common Outdoor Activities Environmental Noise Level - (dBA) Noise Levels Common Indoor Activities —110— Rock Band Jet Fly -over at 100 feet —100 — Gas Lawnmower at 3 feet —90— Food Blender at 3 feet Diesel Truck going 50 mph at 50 feet —80— Garbage Disposal at 3 feet Noisy Urban Area During Daytime Gas lawnmower at 100 feet —70— Vacuum Cleaner at 10 feet Commercial Area Normal Speech at 3 feet Heavy Traffic at 300 feet —60— Large Business Office Quiet Urban Area During Daytime —50— Dishwasher in Next Room Quiet Urban Area During Nighttime —40— Theater, Large Conference Room (background) Quiet Suburban Area During Nighttime —30— Library Quiet Rural Area During Nighttime Bedroom at Night. Concert Hall (background) —20- Broadcast/ Recording Studio —10— Threshold of Human Hearing —0— Threshold of Human Hearing SOURCE: California Department of Transportation 1998 NNISE— GRAFT, I /ZU /UG 2 • J 0 • • Land Use Category .. :. Residential—Low Homes ■ ■ ■ ■■ Residential—Multiple Family (includes residential portions of mixed-use developments) Transient Lodging—Motels, Hotels ■ ■ ■■ ■iii Schools, Libraries, Churches, Hospitals, Nursing Homes Auditoriums, . - ■■■ , Sports Arenas, Outdoor Spectator Sports Neighborhood Parks Golf C. Cemeteries ■ ■ ■ ■ ■� Office Buildings, Business Commercial and Professional Industrial, Manufacturing, and Utilities ■ ■ ■■ ■ice_ SOURCE: EIP Associates, 2005 Normally Acceptable Specified land use is satisfactory, based upon the assumption that any F1 buildings involved are of normal conventional construction, without any special noise insulation requirements. Conditionally Acceptable New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features are included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning, will normally suffice. Normally Unacceptable New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. Clearly Unacceptable New construction or development generally should not be undertaken. H01SI —DRAFL 1 /20/06 CONTEXT Transportation Noise Sources The most common sources of noise in urban areas are transportation - related. These include automobiles, trucks, motorcycles, and aircraft Motor vehicle noise is of concern because it is characterized by a high number of individual events which often create a sustained noise level and its proximity to areas sensitive to noise exposure. Residential land uses and other sensitive receptors should be protected from excessive noise from these sources. Freeway /Highway Newport Beach has the Corona Del boar Freeway (State Route 73), and San Joaquin Hills Transportation Corridor (SJHTC) within its borders. State Route 73 runs in a northwest /southeast direction through the City's northern section. The portion of State Route 73 that cuts through the northern portion of the City is below grade from the adjacent land uses. There are a few residences in close proximity to this freeway. The SJHTC runs in a northwest /southeast direction through the City's northeastern boundary connecting with the State Route 73 at Jamboree Road. SJHTC is considered a highway from Jamboree Road south to Bonita Canyon, and then it becomes a toll road. At various locations, the highway will be at grade with or elevated above the adjacent land uses. There are existing residences that are in close proximity to this highway; however, these residences have already included noise mitigation measures to sufficiently attenuate the noise from SJHTC. Major and Minor Arterial Roadways Traffic noise on surface streets is a significant source of noise within the community. The major sources of traffic noise in Newport Beach are Coast Highway, Jamboree Road, and MacArthur Boulevard. Many of the residential uses located along these roadways include some level of noise attenuation, provided by either a sound barrier or grade separation. Other residential uses, primarily older units, built near these arterial roadways do not have any attenuation from noise other than the distance between the roadway and the residential structure. The noise attenuation features for new residences are reviewed on a project -by- project basis. This means that as residential projects are proposed near the major roadways within Newport Beach, future noise levels are evaluated and noise mitigation strategies are developed as necessary to meet City standards. Noise levels along roadways are determined by a number of traffic characteristics. Most important is the average daily traffic (ADT). Additional factors include the percentage of trucks, vehicle speed, the time distribution of this traffic and gradient of the roadway. Water Vehicles Newport Beach has the largest small boat harbor in Southern California. Thousands of boats operate near noise - sensitive residential uses that border much of Newport Bay, and noise associated with these boats can be a problem to these residences. Of particular concern are the charter boats which generate engine noise and noise from the occupants, as well as use J loudspeakers or live entertainment. • NOISE— DRAFT, 1 /ZO/06 4 Aircraft Operations • Many residents of Newport Beach are impacted by noise generated by commercial and general aviation aircraft departing John Wayne Airport QWA). Operated by Orange County, JWA serves both general aviation and scheduled commercial passenger airline and cargo operations. JWA experienced 387,866 aircraft operations in the year 2000, with a number of average daily departures of over 130. Newport Beach is located immediately south of John Wayne Airport and is under the primary departure corridor. .Although aircraft noise can be heard throughout Newport Beach, the highest noise levels are experienced just south of the airport, in the Airport Area, Santa Ana Heights Area, Westcliff, Dover Shores, the Bluffs, and Balboa Island, and are generated by aircraft departures. Newport Beach has, since the mid- 1970's, actively engaged in efforts to minimize the impact of air carrier operations on our residents and their quality of life. The City's initial efforts focused on involvement in route authority proceedings conducted by the Civil Aviation Board and litigation challenging County decisions that could increase the level or frequency of noise events. In 1985, the City, County, Stop Polluting Our Newport (SPON) and the Airport Working Group (AWG) entered into an agreement (1985 JWA Settlement Agreement) to resolve Federal Court litigation initiated by the County. The 1985 JWA Settlement Agreement required the County to reduce the size of the terminal, cap the number of parking spaces, limit the number of "average dai]v departures," and limit the number of passengers served each year at JWA (expressed in terms of "million annual passengers" or " ,NIAP ") to 8.4 bIAP after construction of the new terminal. After two years of discussion among the parties to the Settlement Agreement, the City • Council and County Board of Supervisors approved Settlement Agreement amendments that eliminated noisier aircraft, increased the maximum number of noise regulated and air cargo average daily departures, increased the service level limit from 8.4 to 103 MAP until January 1, 2011 and then 10.8 MAP afterwards, and increased the maximum number of passenger loading bridges from 14 to 20. The 2002 Amendments also eliminated the floor area restrictions on the terminal and the "cap" on public parking spaces. The flight and service level restrictions remain in effect at least until January 1, 2016 and other provisions related to the curfew remain in effect until at least January 1, 2021. E City Council approval of the 2002 Amendments was contingent on receipt of a letter from the FAA confirming that the 2002 Amendments were consistent with ANCA and other relevant laws, regulations and grant assurances made by the County. In December 2002, the FAA sent a letter confirming compliance and in January 2003, a judge approved the stipulation of the parties reflected by the 2002 Amendments. The FAA letter confirming the validity of the 2002 Amendments is a precedent for future amendments that increase air transportation service without impacting airport safety or the quality of life of residents in Newport Beach and other affected communities. Other aircraft operations related to helicopter operations at Hoag Hospital are also a concern. Helicopter flights are noisy, and there are residential uses located in close proxim ty to the hospital. The helipad is located on the roof of the emergency area of the hospital. NOISE—DRAFT, 1/20/96 5 Nontransportation Noise Sources (Stationary Noise Sources) • There are many stationary noise sources within the boundaries of Newport Beach. Some of these stationary noise sources include restaurant /bat /entertainment establishments, mixed -use structures, mechanical equipment, and use of recreational facilities. The impacts of nontransportation noise sources are most effectively controlled through the enforcement and application of City stationary noise ordinances or regulations. Restaurant /Bar /Entertainment Establishments Numerous restaurants, bars, and entertainment establishments in Mariner's Mile, Corona del Mar, the Peninsula, and Balboa Island have been subject to noise complaints in the past. Noise complaints have been made due to the close proximity of these establishments to residential uses, the potentially high noise levels that these establishments are able to produce, and the late hours of operation. Mixed Use Developments (Commercial /Residential) In a mixed use building, a portion of it may be used as commercial (i.e. office space, restaurant, market, dr; cleaner, etc.) and the remaining portion may be used for residential purposes. Such mixed uses can range from a small retail structure with a residence unit on the second floor (as seen on parts of Balboa Island and the Balboa Peninsula) to larger commercial properties that include a residential component. Requiring that the commercial portion conform to the more strict residential noise standards would make operating the commercial facility difficult. However, applying the commercial noise standards to the entire project world make the noise exposure • levels at the residential portion of the building potentially too high. Mixed use projects represent a unique noise environment and it is important that a program be developed that allows mixed use to operate with a minimum amount of conflict. Mechanical Equipment Noise Vatious Heating Ventilating and Air Conditioning (HVAC) installations and occasional pool and spa pumps can be noise intrusions. Noise intrusions from HVAC equipment has been a problem in the past, especially in areas such as Balboa Island, Lido Island, and the Peninsula where the homes are very close together, and in commercial areas as well when abutting residential areas. However, the City's Municipal Code now requires a permit before installation of new HVAC equipment. Permits are only granted when a sound rating of the proposed equipment does not exceed standards, or is installed with a tithing device that will deactivate the equipment during the hours of 10:00 P.Ni. to 7:00 A.M. if the standards are exceeded. Just because HVAC equipment sound ratings are reviewed during plan check, as well as tested in the field after installation, it can still be problematic over time. As equipment ages and sometimes suffers from lack of maintenance, noise from the equipment can increase. Because of this, the City still deals with HVAC equipment noise on a complaint basis, in order insure ongoing compliance with the standards of the Code. Recreational Activities Another source of stationary noise in Newport Beach is recreational activities such as league and • youth sporting games, as well as recreational rowers in Newport Harbor. These activities are NNISE— DRAFT, 1 /ZD /D6 6 sometimes scheduled during early morning hours on the weekends and can be a source of noise • intrusion on nearby residences. Types of noise generated include people shouting and whistles /horns blowing. Some sporting events also utilize loudspeakers. Nuisance Noise Residential party noise, boat party noise, and barking dogs are considered nuisances. These sources of noise are difficult to attenuate, and difficult to control. Nuisance noise complaints are typically dealt with through code enforcement. Residential Party Noise — Residential party noise, particularly on Balboa Island, Balboa Peninsula, and in West Newport Area has been an ongoing problem. There are many difficulties in trying to control party noise. If a noise limit is established for enforcement using a quantitative measure, the code enforcer would be required to make noise measurements of the intrusive noise. Often, the disturbing levels of noise that were generated by a party are reduced once a code enforcer arrives on the prerr ses to make measurements. Therefore, party noise level measurements may be an impractical means of party noise enforcement since it is often not possible to accurately capture the loud noise levels being generated by the party. Historicallv, police officers use their judgment for identifying and controlling party noise problems. Additionally, a recently adopted ordinance addressing police services has been effective in curbing parry-related noise. Boat Party Noise — Charter boats, generally larger in size and carrying large numbers of paid passengers, have also been a source of noise. These boats can control on -deck noise by means of • elumnating outside loudspeakers. The City recently amended its Municipal Code to provide greater regulations of charter boat operations. Barking Dogs —Dog barks can be characterized as being impulsive and startling or continuous and sustained. In either event, it can be a major source of noise disturbance. When dogs are outdoors, it is very difficult to attenuate the noise. Noise Sensitive Receptors Newport Beach has a number of public and private educational facilities, hospitals, convalescent homes, day cares, and other facilities that are considered noise sensitive. However, the primate noise sensitive use within the City, is residential use. The noise exposure of these sensitive uses varies from low, in quiet residential areas, to high, in areas adjacent to the freeway. Community Noise Contours Noise contours for all of the major noise sources in Newport Beach, which include motor vehicles on roadways and freeways, and aircraft at the John Warne Airport, were developed for existing conditions and future conditions. Existing noise contours were determined from the 2003 traffic levels and existing aircraft levels for these sources, and are expressed in terms of the CNEL. Existing noise contours are shown in Figure l (l) through Figure 1(3). Future noise conditions for roadways are presented for the 20 year time period ending 2025 and were derived from projected traffic levels for that horizon year. 'these noise contours are based ison complete buildout of the General Plan, and are shown in Figure 2(l) through Figure 2(3). NOISE–DRAFT, 1/2D/O6 y These future noise contours will assist in setting policies for establishing ncvv land uses and appropriate mitigation for properties that will continue to be exposed to higher noise levels. The aircraft noise contours that are used for planning purposes by the County of Orange and Airport Land Use Commission are found in the Airport Environs Land Use Plan and are derived from the 1985 master Plan for John Wayne ;Airport and the accompanying EIR 508. 'These noise contours are based on fleet mix and Flight level assumptions developed in F.IR 508, and are shown in Figure 2(2). Noise contours represent lines of equal noise exposure, just as the contour lines on a topographic map are Lines of equal elevation. The contours shown on the maps are the 60, 65, and 70 dB CNEL noise levels. The noise contours represent the maximum possible traffic noise levels at locations within them (i.e., they do not included the attenuaiine effects of walls, structures, and terrain features that might intervene between the roads and any location of interest) and should be used as a guide for land use planning. The 60 dB CNF.I, contour defines the Noise Referral Zone. This is the noise level for which noise considerations should be included when making land use policy decisions that effect existing and proposed noise - sensitive developments. The 65 dB CNEL contour describes the area for which new noise sensitive developments will be permitted only if appropriate mitigation measures are included such that the standards contained in this Element are achieved. The Airport Land Use Commission's Airport Environs ]..and Use Plan (Al -J.UP) for John Wayne Airport (lasts amended in 2002) onlv allows residential uses and other noise - sensitive uses within a 65 dBA contour if the interior noise standard of 45 dBA CNEL can be maintained with an accompanying dedication of an avigation easement for noise to the airport proprietor applicable • to single family residences. The AF.1.1_?P also strongly recommends that if any residential uses are allowed within a 60 dBA CNEL contour that sufficient sound attenuating methods are used to maintain a 45 dBA C.NF.L, interior noise level. Typical Noise Attenuation Methods Noise impacts can typically be abated using four basic methods: (1) reducing the sound level of the noise generator; (2) interrupting the noise path between the source and receiver; (3) increasing the distance between the source and receiver; and (4) insulating the receiver with building materials and construction methods more resistant to noise intrusion. Quieting certain noise sources may often be successfully achieved through design or the use of mufflers. However, a local government has limited direct control of transportation noise at the source. This control lies with the state and federal agencies that have this responsibihty. The most effective method available to the City to mitigate transportation noise and reduce the impact of the noise onto the community is through comprehensive planning that includes noise as planning criteria, the inclusion of noise mitigation in project planning and design, and improved building noise reduction characteristics. Noise may also be minimized by strategicallv placing a noise barrier (wall, berm, or combination wall/berm), the most common wav of alleviating traffic noise impacts. Generally, effective noise shielding requires a continuous, solid barrier with a mass which is large enough to block the Line of sight between source and receiver. Variations may be appropriate in individual cases bases] on distance, nature, and orientation of buildings behind the barrier, and a number of other factors. • NOISE— DRAFT, 1 /2D /D6 8 • Garage or other structures may be used to shield dwelling units and outdoor living areas from non - aircraft noise. The effects of noise may also be minimized by separating or isolating the noise source from the potential receiver. Wide buffers along freeways, for example, may reduce the noise level affecting adjacent noise sensitive land uses. These buffer areas may he developed with less sensitive uses. Building interior noise levels can also be reduced by protecting the receiver with acoustical strictures, enclosures, or construction techniques. Windows and doors are the most important paths for sound to enter a structure. Use of sound insulating doors and double paned windows can provide substantial reductions of interior noise levels. Because these features have little effect in reducing noise when they are left open, installation of air conditioning for adequate ventilation may be required. Noise concerns should be incorporated into land use planning to reduce future noise and land use incompatibilities. This is achieved by establishing standards and criteria that specify acceptable limits of noise for carious land uses throughout the City. These criteria are designed to integrate noise considerations into land use planning to prevent noise /land use conflicts. Table 3 presents criteria used to assess the compatibility of proposed land uses with the noise environment. These criteria are the basis for the development of specific noise standards. These standards, shown in Table 4, present the Cite policies related to land uses and acceptable noise levels. These tables are the primary tools which allow the City to ensure integrated plamung for compatibility between land uses and outdoor noise and are described further below. • The Land Use Compatibility Matrix presented in Table 3 presents broad ranges of compatibility and is intended to be flexible enough to apply to a wide range of projects and environments. For example, a project in a large undeveloped area may be evaluated in the compatibility matrix differently than an infill project in a densely developed area of the City. But in no case would it be desirable for any land use to have noise exceeding the highest "normally compatible" noise level shown in the matrix. This matrix is intended to be used as one of the many factors used in the land use planning process. • The Noise Standards presented in Table 4 are intended to be much more specific in terms of project requirements. These standards are intended to be design performance requirements that are not exceeded. And while the compatibility matrix covers broad ranges of compatibility, the design standards are specific; inability, to meet the design standards would be inconsistent with this Element of the General Plan. It should be noted that only the interior noise standard of 45 CNEL for residential uses is required by California and it applies only to multi -farr ly projects (California Noise Insulation Standards, California Administrative Code, Title 24, Part 2). The most effective method to control community noise impacts from nontransporration noise sources is through application of noise ordinances or regulations. These are designed to protect quier residential areas from stationary noise sources. The noise levels encouraged by noise ordinances assure that noise from mechanical equipment, and other types of nontransportation noise are nor excessive in residential areas. NDISE— DRAFT. 1 /2D /D6 9 Land Use Categories Community Noise Equivalent Level (CNEL) Categories Uses <55 1 60 1 65 1 70 75 80> Residential Single Family, Two Family, Multiple A A B B C D 1 D Family Residential Mobile Home A A B C C D D Commercial Hotel, Motel, Transient Lodging A A B B C C D Regional, District Commercial Commercial Retail, Bank, Regional, Village A A A A B B C District, Special Restaurant, Movie Theatre Commercial Office Building, Research and Industrial Development, Professional Offices, A A A B B C D Institutional City Office Building Commercial Recreational Amphitheatre, Concert Hall B B C Institutional Auditorium, Meeting Hall C D D D Civic Center Children's Amusement Park, Commercial Miniature Golf Course, Go-cart B Recreation Track, Equestrian Center, Sports A A A B D D Club Commercial Automobile Service Station, Auto General, Special Dealership, Manufacturing, A A A A B B B Industrial, Institutional Warehousing, Wholesale, Utilities Institutional Hospital, Church, Library, Schools' B C C General Classroom A A D D Open Space Parks A A A B C D D Golf Course, Cemeteries, Nature Open Space Centers Wildlife Reserves, Wildlife A A A A B C C Habitat Agriculture Agriculture A A A A A A A SOURCE: Mestre Greve Associates Zone A Clearly Compatible Zone B Normally Compatible Zone Normally Incompatible zone Clearly Incompatible Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction without any special noise insulation requirements. New construction or development should be undertaken only after detailed analysis of the noise reduction requirements and are made and needed noise insulation features in the design are determined. Conventional construction, with closed windows and fresh air supply systems or air conditioning, will normally suffice. New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design. New construction or development should generally not be undertaken. NOISE— DRAFT, 1 /20/06 10 • • 0 • Land Use Categories Energy Average CNEL Categories Uses Interior a,b Exterior .,b Allowable Allowable Allowable Allowable Interior Noise Interior Noise Exterior Norse Exterior Noise Level (Leq) Level (Leq) 10 Level (Leq) Level (Leq) 10 7am to 10pm pm to 7 am 7am to lOpm pm to 7 am Single Family, Two Family, Multiple Family 45 40 55 50 (Zone 1) Residential Residential Portions of Mixed Use 45 40 60 50 Developments (Zone III) Commercial (Zone II) N/A N/A 65 60 Commercial Industrial or Industrial Manufacturing (Zone N/A N/A 70 70 IV) Schools, Day Care Centers, Churches, Institutional Libraries, Museums, 45 40 55 50 Health Care Institutions (Zone 1) SOURCE: EIP Associates, 2006 Notes a If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. b It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured on any other property, to exceed either of the following: • The noise standard for the applicable zone for any fifteen - minute period; • A maximum instantaneous noise level equal to the value of the noise standard plus twenty dBA for any period of time (measured using A- weighted slow response). • In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said category shall be increased to reflect the maximum ambient noise level. • The noise standard for the residential portions of the residential property falling within one hundred feet of a commercial property, if the intruding noise originates from that commercial property. • If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. GOALS AND POLICIES Noise and Land Use Compatibility Goal N1 Minimized land use conflicts between various noise sources and other Policy N1.1 NOISE-DRAFT, 1/20/D6 human activities. Require that all proposed projects are compatible with the noise environment through use of Table 3, and enforce the interior and exterior noise standards shown in Table 4. Policy N1.2 Require that all remodeling and additions of structures comply with the noise standards shown in Table 4. Policy N1.3 Require that applicants of residential portions of mixed -use projects and high CNEL (dBA) density residential developments in urban areas (such as the Airport Area 55 and Newport Center) demonstrate that the design of the structure will 60 adequately isolate noise between adjacent uses and units (common 65 floor /ceilings) per the California Building Code. Policy N1.4 Allow a higher exterior noise level standard for infill projects in existing Over 75 residential areas adjacent to major arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall eeRtiRue to be enforced for any new residential project. Policy N1.5 Consider a higher exterior noise level standard for residential portions of mixed -use developments of 65 dBA Lea from 7:00 A.M. to 10:00 P.M., and 6950 dBA Leq from 10:00 P.M. to 7:00 A.M., provided that the interior standard of 45 dBA CNEL is met. Policy N1.6 Require wheReYeF physically possible Encoura>se new mixed -use developments to site loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development. Policy N1.7 Limit hours of commercial /entertainment operations adjacent to residential and other noise sensitive uses in order to minimize excessive noise to these receptors. Policy N1.8 Require the employment of noise mitigation measures for sensitive uses when a significant noise impact is identified. A significant noise impact occurs when there is an increase in CNEL, as shown in the table below. CNEL (dBA) dBA increase 55 3 60 2 65 1 70 1 Over 75 Any increase is considered significant Transportation - Related Noise Goal N2 Minimized motor vehicle traffic and boat noise impacts on sensitive noise receptors Policy N2.1 Require that new noise sensitive uses within the 60 dBA and 65 dBA CNEL roadway contours demonstrate that the project will meet interior and exterior noise standards. NOISE-DRAFT, 1/20/06 IZ • • • Policy N2.2 Require the use of walls, berms, interior noise insulation, double paned • windows, or other noise mitigation measures, as appropriate, in the design of new residential or other new noise sensitive land uses that are adjacent to major roads. Application of the Noise Standards in Table 4 shall govern this requirement. Policy N2.43 Limit the hours of truck deliveries to commercial uses abutting residential uses and other noise sensitive land uses to minimize excessive noise unless there is no feasible alternative. h,,Refits by onheEI IiRg elk'eNeS at Other he r Any exemption shall require compliance with niPhttime (10:OOpm- 7:OOam) noise standards. Policy N2.54 Encourage the enforcement of State Motor Vehicle noise standards for cars, trucks, and motorcycles through coordination with the California Highway Patrol and Newport Beach Police Department. • is Policy N2.65 Require all boating activities to comply with and enforce the noise standards outlined in the Municipal Code. Policv N2.6 Establish a pr0P-ram to secure fundinV for the construction of noise barriers to protect private outdoor vard areas alonP_ arterial roadways where existing homes are exposed to noise levels above the City noise standards and develop a priority orof=ram for the construction of such barriers. A potential source of such fundinp- may be a fee for new proiects which generate new traffic within the City as well as road improvement funds where road improvements are made. The amount of these fees should be proportional to the amount of the new traffic that is caused by the new protect It should be recoalnized that noise barriers will not always be feasible mitigation to roadwav noise. Noise barriers are most feasible for single family homes where the rear vards are adiacent to the roadway. The feasibility of other situations should be evaluated on a case by case basis. Goal N3 Protection of the quality of life of Newport Beach residents from noise impacts associated with air carrier operations at JWA. Policy N3.1 Ensure new development is compatible with the noise environment by using the airport noise contour maps as guides to future planning and development decisions. Policy N3.2 Require that any residential or sensitive noise uses to be located within the 60 dBA or 65 dBA CNEL airport noise contour maintain an interior noise level of 45 dBA CNEL. Policy N3.3 Use noise level contours based on the most likely estimate of future airport contours. rather than on assumptions of less likely future operations in determining allowable uses, to the maximum extent allowed by law.. Policy N3.-34 Oppose any attempt to modify the existing noise restrictions, including the curfew and the General Aviation Noise Ordinance unless modifications benefit Citv residents- NOISE-DRAFT, 1/20/06 13 Policy N3.45 Oppose any attempt to construct a second air carrier runway including the acquisition of land necessary to provide required separation of the existing • air carrier runway and any proposed facility. Policy N3.66 Support any plan or proposal that maintains, and oppose any plan or project that proposes any significant changes to the existing level of general aviation operations and general aviation support facilities. Policy N3.67 Support preservation or enhancement of the existing remote monitoring systems (RMS) and the public reporting of the information derived from the RMS. Policy N3.7-8 Support means of satisfying some of Orange County's air transportation demand at facilities other than JWA. Policy N3.89 Take all steps necessary to preserve and protect the validity of the JWA Amended Settlement Agreement, including: • Oppose, or seek protection from any federal legislative or regulatory action that would or could affect or impair the County's ability to operate JWA consistent with the provisions of the JWA Amended Settlement Agreement or the City's ability to enforce the Amended Settlement Agreement. • Approving amendments of the JWA Settlement Agreement to ensure continued validity provided the amendments do not impair the quality of life of Newport Beach residents. ■ Continuing to monitor possible amendment of the Airport Noise and • Capacity Act of 1990 as well as various FAA Regulations and Advisory Circulars that relate to aircraft departure procedures. Nontransportation - Related Noise Goal N4 Minimized nontransportation - related noise impacts on sensitive noise receptors. Policy N4.1 Enforce interior and exterior noise standards outlined in Table 4, and in the City's Municipal Code to ensure that sensitive noise receptors are not exposed to excessive noise levels from stationary noise sources, such as heating, ventilation, and air conditioning equipment. Policy N4.2 Require that new uses such as restaurants, bars, entertainment, parking facilities, and other commercial uses where large numbers of people may be present adjacent to sensitive noise receptors obtain a use permit that is based on compliance with the noise standards in Table 4 and the City's Municipal Code. Policy N4.3 Require that new commercial developments abutting residentially designated properties be desiTned to minimize noise impacts i4enerated by loadinFF areas, parking lots, trash enclosures, mechanical equipment and any other noise FreneratinF� features specific to the development. • N01SE— DRAFT, 1 /20/06 14 Policy N4.34 Consider limiting hours of when recreational activities in parks and the isharbor can take place. Reg 1p }e the Use Of ^^ Rd ^ PW 'i^^ ^ ^ ^t threugh the City's Municipal Code. Policv N4.5 Regulate the use of sound- amolifvim eouipmentthroualh the City's Municipal Code. Policv N4.6 Enforce the Noise Ordinance noise limits and limits on hours of maintenance or construction activity in or adjacent to residential areas that result from in- home hobby or work related activities. Policy N4.47 Regulate the control of nuisances, such as residential party noise, boat party noise, private fireworks and barking dogs, through the City's Municipal Code. Policv N4.8 ReP_Ulate hours for the use of mechanized landscaping equipment. is • Construction Noise Goal 5 Minimized excessive construction- related noise. Policy N5.1 Enforce the limits on hours of construction activity. NOISE-DRAFT, 1/20/06 15 u < LU 0 < z z u u 0 N u u 0 U z I [p Q ./1 � �� Q O � Z Z Q: w w ? V J U � ^- t�� i O � H 3 �"o � :J ° t i � . Liu r.�T - €�� < ji w mQ o >< C � � w a 3 c :fig w >> U z Z z z m z z z Z Z LL LL w V U (; V V (. c` Z o 0 z \: °� � tf:4/ - § Z z oz • Changes recommended by Harbor Commission shown in stFikeout /underline Changes recommended by GPAC shown in strikeout /underline highlighted text Harbor and Bay Element Newport Bay, including the Upper Bay and Newport Harbor in the Lower Bay, is a vital component of Newport Beach's natural resources, community identity and economy. Some aspects of the Harbor and Bay, are covered n the Natural Resources and Recreation Elements. The Lower Bay and Newport Harbor have many relationships to the use of the uplands along the waterfront, and it is appropriate to address these areas and issues associated with them in the Land Use Element. Over the decades, public and private initiatives have enhanced and improved the natural resources of the Lower Bay to create what is today a world class small craft harbor. The natural and manmade resources of the Bay were once home to an economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist with recreational boaters, restaurants and waterfront homes. Today, fish canning and shipbuilding industrial uses are gone, while a wide range of recreational boating activities such as sport fishing, kayaking, diving, wind surfing, sailboat racing, excursion and entertainment boat activities, as well as visitor serving commercial and recreational uses and waterfront residences, are the main land uses located along the harbor. These different users of coastal lands and the water can lead to competing interests and demands, which are magnified by rising land values and a changing economic climate. 0 Several issues presently face the harbor and bay areas. These include • Economic pressures to replace marine uses and harbor support facilities and services with residential uses. • Balancing access to and benefits of marine uses such as recreational boating activities and marine commercial uses with associated impacts such as noise, traffic, parking, and disturbances to sensitive environmental resources and habitats. Increasing demand to accommodate larger vessels in the harbor, leaving limited affordable berthing and dry storage options for smaller boats and vessels. R�GGFiRgS, • Improper mooring transfers leading to lack of public access to available moorings. Difficulty in obtaining permits to perform routine maintenance dyed in . • Seasonal presence of large population of California Sea Lions, causinq noise, ollution, property damage and odors The goals and policies pertaining to harbor issues are intended to guide the content of • regulations related to development of, and the activities conducted on, the water. Additional goals and policies recognize the important component of land use decisions related to waterfront property around Newport Harbor. The aim of Harbor and Bay • related goals and policies is to preserve the diversity and charm of existing uses without unduly restricting the rights of the waterfront property owner. Goals and policies within the Harbor and Bay Element have been organized to address both water and land related issues. Diversity of Land Uses Goa15.14 Preservation of the diverse uses of the Harbor and the waterfront that contribute to the charm and character of Newport Bay, and that provide needed support for recreational boaters, visitors, and residents. Policies LU5.14.1 Preserve and enhance the following uses that contribute to the diversity and charm of Newport Bay, and the balance among them: ■ C-oestalWater- dependent and water - related recreational activities such as boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming. ■ C- Gas#al -Water dependent and water - related commercial activities such as passenger /sightseeing boats, passenger- fishing boats, boat rentals and sales, entertainment boats, boat /ship repair and maintenance, and harbor maintenance facilities. ■ EoeStaiWater- enhanced commercial uses such as restaurants and retail stores. • CGaS # elWater- related public recreation and education areas and facilities such as beaches, piers, view parks and nautical museums and related public areas providing access to, and views of, Newport Harbor. • Coastal residential communities. LU 5.14.2 Encourage the creation of a- waterfront public spaces and beaches, with adjacent water access and docking facilities that serves as the identity and activity "centers" of Newport Harbor for special events of community /regional interest. Goa15.15 Retention of eeastel water- dependent and eeestal- water- related uses and recreational activities as primary uses of properties fronting on the Harbor. Policies LU 5.15.1 Site and design new development to avoid impacts to existing and potential PA6A.4e1- water- dependent and c- easfel water- related uses. LU 5.15.2 Consider the impact on a-Gastel water- dependent and eees#a�-water- related land uses when reviewing proposals for land use changes, considering both the subject property and adjacent properties. LU 5.15.3 Encourage the preservation and enhancement of existing marine support uses serving the needs of existing waterfront uses and the boating community. LU 5.15.4 Accommodate private sector uses, such as vessel assistance, that provide • emergency, environmental enhancement and other services that are not provided by the public sector and that are essential to the operation of a working harbor. LU 5.15.5 Encourage development of waterfront facilities that accommodate displaced G9^f ^; water- dependent uses. LU 5.15.6 Ensure that new or improved public access facilities are compatible with existing, permitted land uses and consistent with the availability of supporting infrastructure, such as parking and restrooms. Goal 5.16 Enhanced and updated waterfront commercial areas. Policies LU 5.16.1 Preserve and /or enhance existing Gee #e1 -water- enhanced, GGGs#alwater- related and c-oG#Gl- water- dependent commercial uses and marine oriented commercial areas through building improvements and programs that preserve the design and character of the Harbor. LU 5.16.2 €aDiscourage redevelopment of water- deoendenteataaeded -ec e-,+. #ed klarke commercial uses_. ^' ^^G' MGRRe oricQRfPd ^ ° a °Allow redevelopment assurinq water - dependent uses remain, especially in those areas with adequate infrastructure and parcels suitable for redevelopment as an integrated project. LU 5.16.3 In establishing land use regulations, consider the operational characteristics of land uses that support the Harbor, and whether such uses can be relocated to inland locations and /or if technological advances will eliminate the need for such support uses in the foreseeable future. (CLUP Policy 3.3.3 -3) Diversity of Wafer Uses Goal 5.17 Preservation of existing commercial uses in the Harbor to maintain and enhance the charm and character of the Harbor and to provide support services for visitors, recreational boaters, and other Geastal- water- dependent uses. Policies LU 5.17.1: Support continued operation of passenger /sightseeing boats, passenger fishing boats ) "day boats'), and long -term boat rentals and sales. LU 5.17.2: Support continued short -term rental of small boats while encouraging vendors to teach customers how to safely operate the watercraft. LU 5.17.3: Support continued operation of entertainment and tour boats subject to reasonable regulations designed to ensure the operations don't have an • ( adverse impact, such as unsafe navigation, impaired water quality, reduced visual quality, excessive noise, unsafe street traffic conditions, or parking • shortages on the environment and land uses surrounding the harbor. LU 5.17.4 Limit the number of 'Yive- aboard" vessels to protect the environment, and impacts to the public and waterfront owners /lessees. Goal 5.18 A variety of vessel berthing and storage opportunities. Policies { LU 5.18.1 Protect and, where feasible through the use of new designs and technology, enhance and expand marinas and dry boat storage facilities. (CLUP Policy 3.3.2 -1) LU 5.18.2 Provide a variety of berthing and mooring opportunities throughout Newport Harbor, reflecting State and regional demand for slip size and affordability. (CLUP Policy 3.3.3 -2) LU 5.18.3 Provide anchorages in designated Federal areas that minimize interference with safe navigation and where shore access and support facilities are available. LU 5.18.4 Authorize, pursuant to permit, license or lease, new and existing piers and docks bayward of waterfront residential properties, subject to appropriate conditions that ensure compatibility with residential uses. LU 5.18.5 }– ,:, the— #aas#e , mc)(DranQ— rifles t sure —E#y GGP#G', VGGGRt RA9@raRgS.Facili tote access to vacant moorings for temporary rental use. LU 5.18.5 Strictly regulate the transfer of moorings to eliminate private profits from improper sales and to allow public opportunities for acquisition or a mooring throuah a wait list. Visual Character Goa/S.19 A variety of beach /bulkhead profiles that characterize its recreational, residential and commercial waterfronts. Policies LU 5.19.1 Balance private property rights, natural harbor l�,Glragliefidol and current forces and other coastal processes (such as erosion and accretion) and harbor aesthetics with other policies when considering designs for new or renovated bulkhead permits. • �J LU 5.19.2 Permit and design bulkheads and groins to protect the character of the • existing beach profiles found around the Harbor and island perimeters, and the safe navigation and berthing of vessels, LU 5.19.3 Limit structures bayword of the bulkhead line to piers, floats, groins and appurtenances related to marine activities. (CLUP 3.1 -4 -4) LU 5.19.4 Utilize State and City regulotions to remove derelict abandoned and unseaworthy vessels from City controlled tidelands promptly. Administration Goal 5.20 Coordination between the City, County, State, and Federal agencies having regulatory authority in the Harbor and Bay. Policies LU 5.20.1 Prepare and fund a joint City /County study that would do the following: • Identify the respective services provided by the City and County in Newport Harbor. • Determine the cost of those services. • Identify opportunities for the City and County to realign resources to provide services at reduced costs. • Identify the sources of revenue available to defray the cost of those services. • Identify potentially feasible methods of providing those services with volunteers rather than with public agency personnel. f LU 5.20.2 1pdafe Periodically review and update as appropriate all Harbor planning, design, engineering, and environmental criteria, standards, requirements and processes. Goal 5.21 Adequate harbor access for coastal - dependent harbor maintenance equipment and facilities. Policies LU 5.21.1 Provide harbor access for harbor maintenance equipment and facilities, including dredging. dock demolition, repair and construction, mooring services, debris and spilt management equipment, and general harbor construction, maintenance and repair. 11 LU 5.21.2 Work with other controlling agencies within the Harbor, and /or the Bay, to • define an area that can support harbor maintenance facilities and equipment. Goal 5.22 Balance between harbor revenues and expenses. Policies LU 5.22.1 Receive a fair return from all tideland users to recapture all related City investment, services and management costs. LU 5.22.2 Provide alternative and supplemental Harbor funding, including seeking federal and state grants and loans for boater safety, education, maintenance, and capital improvements of the Harbor. LU 5.22.3 c^^ •e'^^^°F ,erml?eview the administration of tidelands leases and permits, and consider accepted Best Manaqement Practices to assist in redevelopment, maintenance, and financing of waterfront developments, and to reflect fair market value in the lease rates. 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U U O .> C N p> U y C 'O N C U " -0 CU N C U - U m U E U L L (0 y0 � '- (0 _ E U O U U N 0 N O Q- - U J E a O c o a �L.. O N O 'UO `� y N •O J C .. O O W U " N C U a - O U` (0 U C J N E C C U N O U N N U cu O U U N y y U 7o�o_wal uJ>zE O U O a N � U m j U N O U >, m � J m m cn z c+i N 0] 2 U_ O a rn 1 • Men Date To From Subject iorandum January 30, 2006 City of Newport Beach Planning Commission and City Council City Staff and EIP Associates Land Use Element Mariners' Mile Policies Pursuant to the City Council's direction, the General Plan Advisory Committee (GPAC) has reconsidered the Land Use Element's policies for Mariners' Mile regarding the appropriateness of permitting the development of housing on the Harbor side and specifications for a "significant visual corridor from Coast Highway to the Harbor." In summary, the GPAC supported the inclusion of housing (policy LU 6.19.2), revised the permitted location of housing on the site (policy LU 6.19.8), and elaborated on the characteristics of the view corridor (policy LU 6.19.9). The following indicates the GPAC changes to the version previously approved by the Planning Commission by 6trikeaut nd underline. DRAFT LAND USE ELEMENT EXCERPTS 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. A large site is developed with the Balboa Bay Club and Resort, a hotel, private club, and apartments located on City tidelands. A number of properties contain non - marine commercial uses, offices, and a multi -story residential building. Inland properties are developed predominantly for highway- oriented retail, neighborhood commercial services. A number of sites contain automobile dealerships and service facilities and neighborhood- serving commercial uses. The latter includes salons, restaurants, apparel, and other specialty shops ranging from wine stores to home furnishings stores. While single use free- standing buildings predominate, there are a significant number of multi- tenant buildings that combine a number of related or complementary uses in a single building or buildings that are connected physically or through design. The Mariners' Mile Strategic Vision and Design Plan provides for the area's evolution as a series of districts serving visitors and local residents. Along the northern portion of Coast Highway in the vicinity of Tustin Avenue, Riverside Avenue, and Avon Street, it provides for a pedestrian - friendly retail district. In the western and easternmost segments, the Plan provides for the improvement of the auto - oriented strips, and it proposes a vibrant public waterfront. Throughout the corridor, the Plan proposes to upgrade its visual character with new landscaping and streetscape amenities, as well as improvements in private development through standards for architecture and lighting. Plans provide for the widening of Coast Highway, reducing the depth of parcels along its length. Recent development projects have set back their buildings in anticipation of this change. Traffic along the corridor and the potential for widening also impact the ability to enhance pedestrian activity and streetscape improvements, unless overhead pedestrian crossings are considered. Visioning process participants identified Mariner's Mile as a location that needs revitalization and • suggested that an overall vision be defined to meet this objective. It was also defined as a location appropriate for mixed -use development integrating residential and commercial or office space. A majority opposed hotel development in Mariner's Mile. Participants were divided on the • questions of preserving opportunities for coastal - related uses in Mariner's Mile and whether the City should require or offer incentives to assure such uses. Property owners noted that high land values and rents limit the number of marine - related uses that can be economically sustained in the area. Although the public supported the development of residential in Mariner's Mile, there was a difference of or limited it to inland parcels. Goal 6.19 A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods, and exhibits a quality visual image for travelers on Coast Highway. Policies Structure LU 6.19.1 Differentiated Districts Differentiate and create cohesive land use districts for key sub -areas of Mariners' Mile by function, use, and urban form. These should include (a) harbor - oriented uses with limited residential along the waterfront, (b) community /neighborhood serving ,.village" generally between Riverside Avenue and the southerly extension of Irvine Avenue, and (c) highway- oriented commercial corridor (see Figure 7). Land Uses (refer to Figure 7) LU 6.19.2 Bay Fronting Properties (designated as "MU -C1 ") AGGeauaedateEncourage marine - related and visitor - serving retail, restaurant, hotel, institutional, and recreational uses, aswell asand allow, on a project -by- project basis, • residential uses on parcels with a minimum frontage of 200 lineal feet where a minimum of 50% of the permitted square footage shall be devoted to non - residential uses. LU 6.19.3 Marine - Related Businesses Protect and encourage facilities that serve marine - related businesses and industries unless present and foreseeable future demand for such facilities is already adequately provided for in the area. Encourage coastal- dependent industrial uses to locate or expand within existing sites and allowed reasonable long -term growth. LU 6.19.4 Inland side of Coast Highway (designated as "MU -131" and "CG -C ") Accommodate a mix of visitor and local- serving retail commercial, residential, and public uses. The Coast Highway frontage shall be limited to non - residential uses. On Inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as grocery stores, specialty retail, small service office, restaurants, coffee shops, and similar uses. LU 6.19.5 Parking Require adequate parking and other supporting facilities for charters, yacht sales, visitor - serving, and other waterfront uses. • Design and Development isCorridor LU 6.19.6 Corridor Identity and Quality Implement landscape, signage, lighting, sidewalk, pedestrian crossing, and other amenities consistent with the Mariner's Mile Specific Plan District and Mariners' Mile Strategic Vision and Design Plan. Harbor Fronting Properties LU 6.19.7 Architecture and Site Planning While a diversity of building styles is encouraged, the form, materials, and colors of buildings located along the harbor front should be designed to reflect the area's setting and nautical history. LU 6.19.8 Integrating Residential -Site Planning Principles Require that - Permit properties developed for residential to locate the units�'�° Mpp.et ride of PF abGve haFbeF #GRting apmmpm ^' ses long the Harbor frontage each use shall be determined by the City during the Development Plan review process.. LU 6.19.9 Harbor and Bay Views • Require that buildings be located and sites designed to provide significant visual corridors of the Harbor and Bay from the Coast Highway and Newport Boulevard Lghts-of-way in accordance with the following principles; • Clustering of buildings to provide open corridors to the Harbor • Modulation of building volume and masses: • Variation of building heights; • Inclusion of porticoes, arcades, windows, and other "see - through" elements in the buildings in addition to the defined open corridor; • Avoidance of landscape, fencing, parked cars, and other non- structural elements that would block view of the Harbor; • Prevention of the appearance that the public riqht -of -way is walled off from the Harbor: and • Inclusion of setbacks that in combination with the setbacks on adjacent parcels form functional view corridors; and • Encouragement of adjoining properties to combine their view corridors that achieves a larger cumulative corridor than would have been achieved independently. A site - specific visual react- analysis shall be conducted for new development to determine the appropriate size and design of the view corridor that meets these objectives, which shall be subject to approval in the Development Plan review process. • LU 6.19.10 Waterfront Promenade Require that development on the Bay frontage implement amenities that assure • access for coastal visitors. Pursue development of a pedestrian promenade along the Bayfront. Community/Neighborhood Village LU 6.19.11 Pedestrian- Oriented Village Require that inland properties that front onto internal streets within the Community /Neighborhood Village locate buildings along and forming a semi - continuous building wall along the sidewalk, with parking to the rear, in structures, or in shared facilities and be designed to promote pedestrian activity. LU 6.19.12 Properties Abutting Bluff Faces Require that development projects locate and design buildings to maintain the visual quality and maintain the structural integrity of the bluff faces. LU 6.19.13 Building Heights Consider the modification of the boundary of the Shoreline Height Limitation Zone (26) to accommodate higher mixed use buildings, where these are located adjacent to bluffs and the viewshed "envelope' is maintained. Strateoy LU 6.19.14 Parking Lot Relocation Consider options for the relocation of the City parking lot on Avon Street to better support the corridor's retail uses. • LU 6.19.15 Postal Distribution Center Relocation Consider options for the relocation of the postal distribution center to reduce parking impacts in the immediate area. LU 6.19.16 Parking and Supporting Facilities for Waterfront Uses Explore additional options for the development and location of parking and other supporting facilities for charters, yacht sales, and other waterfront uses. • 4