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HomeMy WebLinkAbout09 - General Plan Annual Status Report - PA2007-195aEW PpR� CITY OF NEWPORT BEACH C9M �`P City Council Staff Report Agenda Item No. 9 March 13, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949- 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Melinda Whelan, Assistant Planner APPROVED: A TITLE: General Plan Annual Status Report including Housing Element Report (PA2007 -195) ABSTRACT: Government Code Section 65400 mandates that the City prepare an annual report on the status of the General Plan and the progress of implementation. The attached report includes the requirements pursuant to Government Code Section 65400(B) and Government Code Sections 65583 and 65584, relating to the implementation of the Housing Element of the General Plan. The report will be submitted to the City Council and a copy is required to be sent to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). RECOMMENDATION: Receive and file. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The General Plan Annual Status Report (Attachment No. PC 1) follows preparation guidelines set forth by OPR and provides information for decision makers on the status of the General Plan and progress on implementation during the 2011 calendar year. The listed Implementation Programs are the General Plan Implementation Task List created by the General Plan /Local Coastal Program Implementation Committee in 2007. The report also includes the Housing Element Report mandated by Government Code Sections 65583 and 65584. It demonstrates the City's progress in meeting its share of regional housing needs and Housing Element programs. Lastly, the Housing Element 1 General Plan Annual Status Report including Housing Element Report (PA2007 -195) March 13, 2012 Page 2 Report follows the guidelines provided by HCD as recommended by Government Code Section 65400(8). The Housing Element section includes the following information: A. Annual building activity reports for new housing units; B. Regional housing needs allocation progress; and C. Program implementation status including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The Planning Commission reviewed this report at their February 23, 2012, meeting. Staff provided clarification on the Housing Element Report and following discussion the Commission received and filed the report. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: 6w Community Dev'1 pment Department Kimberly Brandt, AI P, Director Attachments: CC 1 General Plan Annual Status Report (Including Housing Element Report) Attachment No. CC I General Plan Annual Status Report including Housing Element Report 3 4 '�� �, 1 ��_ �. j, �' T �i (including o g Element ' p o 2011 Calendar Consistent with Government Code Section 65400, the General Plan Annual Status Report was prepared using guidelines set forth by OPR and provides information for decision makers on the status of the General Plan and progress on implementation during the 2011 calendar year. The updated Newport Beach General Plan was adopted in November 2006 pursuant to guidelines provided in Government Code Section 65040.2 and consistent with Section 65400(a)(2)(c). On December 12, 2006, City Council created the General Plan /Local Coastal Program Implementation Committee for the purpose of guiding implementation of the General Plan and Local Coastal Plan. The Committee created the General Plan Implementation Task List to implement the General Plan. This report evaluates and provides the status of work on each task as well as on other tasks that implement General Plan policy that were identified after preparation of the Task List. The Housing Element Report addresses specific requirements mandated by Government Code Section 65400(a)(2), Government Code Sections 65584 and 65583, and can be found following the General Plan Implementation tasks. 2 A. GENERAL PLAN IMPLEMENTATION TASKS TASKS STATUS 1. Housing Element Complete certification by the Department of = The Draft Housing Element Update was adopted by City Council in November 2011. Housing and = City received a final letter from HCD on December 29, 2011, finding full compliance with state Community housing element law. Development (HCD) (Housing Element 2. Economic Ongoing Development Strategic Plan Bi- annually update the Strategic Plan Implementation schedule, which includes objectives from Implementation the plan and a time line with allocated staff hours. (Land Use Element) = Objective 2.2 Newport Center /Fashion Island renovations (Phase 1) are complete. Phase II, a renovation of the movie theaters is complete. The Special Events Advisory Committee (SEAC) was formed to assist the City Council in evaluating requests for City support of community events. On June 28, 2011, the City Council approved allocating a total of $214,480 for community event grants in the fiscal year 2011 -2012 General Fund budget. Fifteen local organizations were awarded grants ranging from $800 to $90,000. The 2011 Special Events Calendar was published in January 2011 and was printed in the February 2011 Navigator. These have been updated for 2012. = Provided data and background information for development of the Lido Village Concept Plan, including input to departments for review of concept options. 3. Fair Share Fee Pending update (Circulation Element) Staff is developing a recommendation to update the fee based on the results of the fee study. Discussion at City Council will occur in mid -2012. 0 TASKS STATUS 4. Parking requirements On -going and management (Circulation Element) Policy issues related to implementation measures to form a parking management district in the Balboa Village area were presented to City Council at study session in September 2010. Subsequently, staff was directed to develop a Balboa Village Vision Plan. A Parking Management Plan will be prepared for the City Council in Spring 2012 which recommends creating a parking management district. 5. Traffic signal Pending synchronization (Circulation Element) Phases 1-4 and 7 have been completed. Phase 5 construction is anticipated to be completed in Spring 2012. Phase 6 design is anticipated to begin Summer 2012. 6. Planned Community On -going rewrite and revisions (Land Use Element) = Property owners are responsible for amendments in the North Newport Center. • Planned Community Amendments to Newport Place (PC 11) and Koll Center (PC 15) to add residential as a permitted use will be considered in Spring 2012. • The City prepared a conceptual development plan for Koll and Conexant (Airport Area). The property owners have submitted their individual applications for the Planned Community amendments. Banning Ranch application includes the development of a Planned Community Development Text and the final EIR is being drafted with public hearings anticipated in Spring 2012. M TASKS STATUS 7. Banning Ranch Pre- Pending Annexation and Development Development Agreement terms established. Agreement Draft Development Agreement document is being prepared by the Office of the City Attorney. (Land Use Element) Draft EIR completed in September 2011; Final EIR is being drafted. Public hearings anticipated in Spring 2012. 8. Acquisition for Open Ongoing Space — support active pursuit of The exploration for the acquisition of Banning Ranch is continual, but to date, no funding Banning Ranch as sources have been identified. permanent open space Land Use Element ff TASKS STATUS. 9. Run -off and Pollution On -going Reduction Plan (Natural Resources Continued compliance SARWQCB Water Quality Order No. R8 -2009 -0030 NPDES No. Element) CAS618030 which is the storm water permit issued by the Santa Ana Regional Water Quality Control Board ( SARWQCB). Installing Centralized Weather Based Irrigation Controller systems in all City parks. In Spring 2012, staff will present to Council a Tiered Water Rate Development which proposes restructuring the way the City charges for water. = Installation of two CDS units (Measure M funding) capturing trash and debris (Old Newport Blvd.). Buck Gully Erosion and Stabilization Project. The following actions resulted in the improvement of water quality and the implementation of water conservation programs: National Pollutant Discharge Elimination System ( NPDES) Inspections: Commercial, Industrial, Construction and Restaurant inspections assuring compliance with water quality standards. Weather Based Irrigation Controller Installation Program (prop 84 Grant funds) throughout Newport Beach's Areas of Special Biological Significance (ASBS) watershed. Offering turf replacement rebate ($1 sq. ft.). To date over twenty properties are converting turf for drought tolerant plantings. Implemented action to comply with SB -7x 7 Governors Water Reduction of 20% by 2020. Submitted California Urban Water Conservation Council (CUWCC) Report which demonstrated compliance with the requirements of the State Department of Water Resources. Public Outreach: WaterMiser Workshop Monthly Water Bill Inserts (Water Quality and Water Use Efficiency) Resident Survey (Water Quality & Water Conservation) Coastal Cleanup Day Kids Water Education Festival HOA and Interest Group Presentations 11 TASKS STATUS 10. Land Use database On -going refinements and maintenance Maintenance and updates of databases are on- going. Land Use Element 11. Building Code Ongoing amendments regarding green For residential - energy star designation for all appliances, establish a maximum kitchen faucet buildings flow rate and dishwasher water use, and a minimum efficiency rating value air filter for HVAC (Land Use Element) equipment. For nonresidential — control storm water runoff quantity and quality, energy star equipment and appliances if available, energy saving controls for buildings with one or more elevators or escalators, reduce water of commercial clothes washer by 10% below CEC standard, and reduce water for commercial dishwashers consistent with the Green building Code. City Council adopted the California Green Building Standards Code on November 23, 2010, which became effective on January 11, 2011. The aforementioned amendments were adopted on January 25, 2011, and became effective on February 25, 2011. Green web links were completed and are provided to the public at http://www.newportbeachca.gov/index.asox?paoe=l"oO"0. 12. Amend City Council Not Started Policies on historic, archaeological and Projects are required to comply with the existing Council Policies and the California Environmental paleological Quality Act (CEQA) requirements. The Council Policies will be reviewed for possible updates. resources (Historical Resources Element N O VA TASKS STATUS. 13. Funding and priority Pending Availability of Resources program for construction of noise No current projects are under consideration. barriers along arterials Noise Element 14. Annual Review of Ongoing CIP to determine consistency with the On May 19, 2011, staff presented CIP for fiscal year 2011 -2012 to the Planning Commission for General Plan and review. The Planning Commission determined the CIP as consistent and the CIP was included with Coastal Land Use the CIP budget presentation to the City Council. Plan (Land Use Element) 15. Emergency Ongoing Preparedness = Point of Dispensing Grant (Safety Element) In January of 2011, the City signed a Planning. Services Agreement with the Orange County Health Care Agency (OCHCA) to plan and prepare for public health emergencies. Over the past year, the Fire Department has written Point of Dispensing Plans (POD) for three sites in Newport Beach which include Oasis Senior Center, Saint Andrews Church, and Newport Harbor Lutheran Church. These detailed POD plans can be activated to provide medication and medical supplies to first responders and to the public. It is estimated that each POD site could provide initial prophylaxis to 40,000 people in the first 48 hours of exposure during a public health emergency such as an anthrax attack or a pandemic outbreak. The core function of a POD site is to provide vaccines and medications to a large number of persons during the onset of a public health emergency. The key to survival for most people is to provide antibiotics /vaccines before an individual shows any clinical symptoms. The POD plans describe the process of dispensing medications to a large number of people for prophylaxis of asymptomatic N N 0 TASKS STATUS individuals as well as treatment of symptomatic persons. The plan also includes detailed site layouts, identifies city staff positions and assignments, and discusses the interaction between the City, the Orange County Health Care Agency, and the U.S Department of Health and Human Services. In exchange for writing the plans, the OCHCA provided pass- through grant funding to the City to purchase supplies and equipment for the POD sites. Continuity of Operations Plan In 2011, the City completed a Continuity of Operations Plan (COOP). The COOP is a Federal initiative to ensure that government agencies are able to continue performance of their organization's essential functions with limited to no interruptions under all- hazard events, including natural disasters and man -made events such as technological and terrorism incidents. During 2011, a committee with representatives from each department provided specific information that was incorporated into the overall continuity plan. This detailed plan provides the City with the means to address numerous issues involved in performing essential functions and services during an emergency. The City of Newport Beach Continuity Plan was funded by a Department of Homeland Security grant. Tsunami /Beach Safety Education Kiosks In January of 2012, seven Tsunami /Beach Safety Education Kiosks were installed in key areas in Newport Beach. The kiosks were funded by a $15,000 education grant from the California Emergency Management Agency (Cal EMA). The purpose of the project is to educate residents and visitors about the inherent risks of the ocean which include tsunamis and rip currents. They also provide detailed evacuation routes from each location to be used if a tsunami warning is issued or a large local earthquake occurs that requires an evacuation. The kiosks are located at both piers, next to the three Outdoor Warning Sirens, and outside Newport Beach Elementary School. E. GENERAL PLAN POLICY IMPLEMENTATION TASKS IDENTIFIED AFTER TASK LIST WAS CREATED µ M TASKS STATUS 1. Priority for Facility Ongoing Provision Parks and Recreation = Sunset Ridge Park — In December 2011, staff submitted a revised project to the Coastal (Recreation Element) Commission for a Coastal Development Permit. Revisions included deleting the on -site parking lot, using existing off -site parking instead, and deleting new access road to the on -site parking. • Banning Ranch - Draft plans include 52 acres of park and open space areas. The Final EIR is being drafted and public hearings anticipated in Spring 2012. • Marina Park - Coastal Commission has deemed the application complete and is anticipating a hearing in Spring 2012. 2 Alternative Ongoing Transportation Modes The Citizens Bicycle Safety Committee was established in August 2010 to promote bicycle safety and (Circulation Element) responsible cycling within the City through public outreach, bicycle facility improvements, and review of City policies and practices related to bicycles. 2011 included the following: Prepared /distributed Safety Guidelines for Bicyclists and Motorists pamphlet; C Prepared /distributed letter to associations regarding maintenance /parking practices in bicycle lanes; Deployed Sharrow pavement markings as a pilot program along Bayside Drive; = Deployed "SHARE THE ROAD" and "WATCH DOWN HILL SPEED" warning signs in Corona Del Mar and Newport Coast; Prepared draft city -wide bicycle route map; = Prepared conceptual plans for bicycle facility improvements on Coast Highway, Bonita Canyon Road, and Newport Coast Drive. Prepared conceptual plans for Sharrow program on Coast Highway through Corona del Mar. Prepared conceptual plans for alternate bike routes through Corona del Mar. FL W 10 TASKS STATUS 3. Provide a pedestrian- Lido Village Conceptual Plan: oriented village environment that In July 2010, the City Council designated an ad hoc committee to participate in a conceptual reflects its waterfront planning process to analyze potential land use alternatives for the future re -use of the City Hall location, providing a site, and revitalization of Lido Marina Village and Via Lido Plaza. As a result of that effort, on mix of uses that January 25, 2011, the City Council approved a concept plan (Alternative 5B) that serves visitors and encompassed several design objectives for the area. local residents in On June, 14, 2011, the City Council Ad Hoc Neighborhood Revitalization Committee Lido Village authorized the preparation of architectural and landscape design guidelines for the Lido Village (Land Use Element) area and created a six - member Citizens Advisory Committee (CAP) to guide the development of the design guidelines. CAP conducted five noticed public meetings including a community open house in 2011. = The design guidelines were scheduled for review by the City Council on January 10, 2012, (approved). 4. Provide opportunities Balboa Village Revitalization: for improved = The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the development and preparation of a refreshed "Vision Plan" for Balboa Village for the preparation of an Economic enhanced Vision and Revitalization Strategy that addresses market opportunities and constraints, environments for infrastructure opportunities, and previous economic development efforts. residents in the = The Balboa Village Citizens Advisory Panel (CAP) conducted public meetings principally following districts and devoted to the identification of a future vision and familiarizing themselves with the prior work corridors, as prepared by the Balboa Peninsula Planning Advisory Committee (BPPAC). specified in Polices o The CAP has received an update on the future plans for the Newport Harbor Nautical Museum 6.3.1 (ExplorOcean) and Balboa Theater. through 6.22.7: = Staff selected a consultant to prepare an assessment of economic, market, and parking Balboa Village (Land conditions that will provide valuable facts to support a strategy to implement new and Use Element) previously identified policies to revitalize the area. o A Draft Implementation report which compiles the results of the Marketing and Parking Study will be considered in Spring 2012. I-� -1= 11 TASKS STATUS 5. Provide opportunities Corona Del Mar Entry Revitalization: for improved m The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the development and preparation of the Preliminary Design of a Capital Improvement Project for beautification of the enhanced south side of East Coast Highway from Avocado Avenue to Dahlia Avenue for Fiscal Year environments for 2011 -2012. residents in the o A subcommittee of the Revitalization Committee, the Council established the Corona del Mar following districts and Entry Citizen Advisory Panel (CAP). The CAP has discussed the opportunities and constraints corridors, as of existing infrastructure, circulation, transportation, land use policy, design, and parking. specified in Polices = Two concept plans for widening the sidewalk along the south side of Coast Highway were 6.3.1 reviewed. Each plan would move the southbound lane drop further to the west between through 6.22.7: Avocado and MacArthur instead of the current location between Carnation and Dahlia. Corona del Mar for = The CAP approved a single concept plan in December of 2011, and forwarded it to the NRC enhancement of for further consideration. public improvements and parking (Land Use Element) 6. Provide opportunities West Newport Revitalization: for improved = The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the development and preparation of a preliminary design of a Capital Improvement Project for beautification of West enhanced Coast Highway from the Santa Ana River to the Arches Bridge and of Balboa Boulevard from environments for West Coast Highway to McFadden Square. residents in the = The West Newport Heights CAP identified keystones to the project to include alteration of following districts and existing medians, incorporation of sustainable elements, and the addition of lush plantings to corridors, as soften the look and improve the aesthetics of the area. specified in Polices = The CAP forwarded a concept layout which included landscaping with varying heights 6.3.1 (groundcover, shrubs and canopy trees), while minimizing hardscape. through 6.22.7: West = The conceptual plans were presented at the December 15, 2011 Neighborhood Revitalization Newport (Land Use Committee meeting and were approved for review by City Council. Element N 10 - mousing Element Report 2011 Calendar Year As required by Government Code Sections 65583 and 65584, the Housing Element Report demonstrates the City's progress in meeting its share of regional housing needs and Housing Element programs. As mandated by Government Code Section 65400, this report was prepared consistent with guidelines provided by the Department of Housing and Community Development (HCD). The Housing Element report includes the following information: A. Annual building activity reports for new housing units; B. Regional housing needs allocation progress; and C. Program implementation status including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. i-L 2 A. Annual Building Activity Reports for New Housing Units Data from the Newport Beach Building Division 'Building Activity Report" was used to prepare the following table, illustrating the number of permits issued for construction of new housing units and for demolished housing units in calendar year 2011: PERMITS ISSUED FOR HOUSING UNITS 2011 CALENDAR YEAR NEW UNITS DEMOLISHED UNITS NET INCREASE IN UNITS 2011 198 179 119 ANNUAL BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS 2011 1. 2. 3. 4. 5. 6. 7. SINGLE 2-4 UNITS 5+ SECOND UNIT MOBILE TOTAL INFILL FAMILY UNITS HOMES UNITS NO. OF UNITS 0 0 0 0 0 0 0 PERMITTED FOR MODERATE NO. OF UNITS 73 11(2 -UNIT 0 1( UNIT OVER 0 0 98 PERMITTED FOR PROJECTS) + 2 GARAGE) ABOVE MODERATE (MIXED -USE) = 24 TOTAL UNITS N 3 E. REGIONAL HOUSING NEEDS ALLOCATION PROGRESS The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned Newport Beach a share of the region's new housing units that should be constructed in the 2006 -2014 planning period to satisfy housing needs resulting from projected growth in the region. To accommodate projected growth in the region, SCAG determined the City's share of RHNA to be 1,769 new dwelling units. The table, below, summarizes the City's share of RHNA for new housing construction, for households at different income levels, for the 2006 -2014 Planning Period. Pursuant to HCD guidelines, it includes a carryover of the unaccommodated portion of the 2000 -2005 RHNA allocation of 145 units. TOTAL RHNA CONSTRUCTION NEED BY INCOME 2006 -2014 VERY Low LOW MODERATE ABOVE MODERATE TOTAL 451 319 442 702 1,914 24% 17% 23% 36% 100% CITY'S PROGRESS IN MEETING IT'S SHARE OF RHNA FOR PERIOD 2006 -2014 VERY Low LOW MODERATE ABOVE MODERATE TOTAL PROJECTED NEED 451 319 442 702 1,914 NEW UNITS PERMITTED 06 -07 0 0 0 18 18 NEW UNITS PERMITTED 07 -08 0 0 0 10 10 NEW UNITS PERMITTED 08 -09 0 0 0 6 6 NEW UNITS PERMITTED 09 -10 0 0 0 0 0 NEW UNITS PERMITTED 10 -11 0 0 0 1 19 19 REMAINING NEED 1451 1319 1442 1649 1,861 M C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS TO REMOVE GOVERNMENTAL CONSTRAINTS The 2008 -2014 Housing Element update was completed and adopted by City Council in November 2011. On December 29, 2011, the City received a final letter from HCD finding full compliance with state housing element law. The goals adopted in the 2006 Housing Element have not been revised; however, in order to more effectively achieve those long - range goals and objectives, meet the City's allocation of affordable housing in the region, and be consistent with State housing law, the Newport Beach Housing Element has been updated through the incorporation of several new housing programs as well as deletions and revisions to previously adopted housing programs. The deleted housing programs were either covered by other programs or were no longer relevant because they were completed in prior years. The following chart provides the status of the current housing programs provided in the 2008 -2014 Housing Element update. The new programs are called out as "new" and the two revised programs are called out as "updated ". PROGRAM GOAL _ - STATUS _ 1.1.1 Improve housing quality and prevent deterioration of existing On -going neighborhoods by strictly enforcing building code regulations and abating code violations and nuisances. The building inspectors and code enforcement officers continually enforce code regulations and abate violations and nuisances. A quarterly report on code enforcement activities is available and kept on file at the City. 1.1.2 Participate with the Orange County Housing Authority (OCHA) and On -going Housing and Community Development Division in their administration of rehabilitation loans and grants for low- and City staff attends OCHA's Cities Advisory moderate - income homeowners and rental property owners to Committee meetings to keep up to date on encourage preservation of existing City housing stock. rehabilitation programs offered by the County in order to inform homeowners and rental property owners within the City of opportunities and to encourage preservation of existing housing stock. O 5 PROGRAM GOAL. STATUS 1.1.3 Require replacement of housing demolished within the Coastal On -going Zone when housing is or has been occupied by very-low, low -, and moderate - income households within the preceding 12 months. The The City uses Chapter 20.34 "Conversion or City shall prohibit demolition unless a Coastal Residential Demolition of Affordable Housing" by monitoring Development (CRDP) Permit has been issued. The specific demo requests and permits. No CRDP's were provisions implementing replacement unit requirements are issued in 2011. contained in the Municipal Code. 2.1.1 Maintain rental opportunities by restricting conversions of rental On -going units to condominiums unless the vacancy rate in Newport Beach for rental housing is an average 5 percent or higher for four (4) A vacancy rate survey is completed every quarter consecutive quarters, and unless the property owner complies with to monitor consistency with this policy. The results condominium conversion regulations contained in Chapter 19.64 of of the surveys conducted for the 2011 calendar the Newport Beach Municipal Code. year provided an average vacancy rate higher than 5 percent therefore, conversions are not restricted. 2.1.2 Take all feasible actions, through use of development agreements, On -going expedited development review, and expedited processing of grading, building and other development permits, to ensure Pending applications which include affordable expedient construction and occupancy for projects approved with housing will be expedited. low- and moderate - income housing requirements. 2.1.3 Participate with the County of Orange in the issuance of On -Going tax - exempt mortgage revenue bonds to facilitate and assist in financing, development and construction of housing affordable to The issuance of tax - exempt mortgage revenue low and moderate - income households. bonds is project driven, and the developer typically applies for the bonds. No applications were received. f-� F. PROGRAM GOAL STATUS 2.1.4 Conduct an annual compliance- monitoring program for units On -Going required to be occupied by very low -, low -, and moderate- income households. Annual compliance monitoring has been conducted and the report for the City's income and rent restricted units is in process by LDM Associates (consultant) and will be completed mid -year of 2012. Follow -up continued through 2011 for two affordable housing projects to complete 2010 monitoring. 2.1.5 Provide entitlement assistance, expedited entitlement processing, On -Going New and waive application processing fees for developments in which 5 percent of units are affordable to extremely low- income Implement as projects are submitted and no new households. To be eligible for a fee waiver, the units shall be projects were proposed. subject to an affordability covenant for a minimum duration of 30 years. The affordable units provided shall be granted a waiver of park in -lieu fees (if applicable) and traffic fairshare fees. 2.1.6 Affordable housing developments providing units affordable to On -Going New extremely low- income households shall be given the highest priority for use of Affordable Housing Fund monies. Implement as projects are submitted and no new projects were proposed. PROGRAM GOAL- - STATUS' 2.2.1 Require a proportion of affordable housing in new residential On -going developments or levy an in -lieu fee. The City's goal over the five - year planning period is for an average of 15 percent of all new No projects were approved in 2011. housing units to be affordable to very low —, low -, and moderate - income households. The City shall either (a) require the payment The affordable housing balance is $1,546,573. of an in -lieu fee, or (b) require the preparation of an Affordable Housing Implementation Plan (AHIP) that specifies how the development will meet the City's affordable housing goal, depending on the following criteria for project size: 1. Projects of 50 or fewer units shall have the option of preparing an AHIP or paying the in -lieu fee. 2. Projects where more than 50 units are proposed shall be required to prepare an AHIP. Implementation of this program will occur in conjunction with City approval of any residential discretionary permits or Tentative Tract Maps. To insure compliance with the 15 percent affordability requirements, the City will include conditions in the approval of discretionary permits and Tentative Tract Maps to require ongoing monitoring of those projects. W Q PROGRAM GOAL _ STATUS 2.2.2 Periodically review the City's Inclusionary Housing In -lieu fees to On -going New ensure it is adequate to support the development of affordable projects. The City's in -lieu housing fee was adopted in April 2010 at $18,500 per market rate ownership unit. The adopting resolution provides for automatic adjustments based upon the annual percentage change in the new home prices in Orange County as published in Real Estate Research Council report (from December to December). The fee was revised in 2011 to be $20,554 per market rate ownership unit. 2.2.3 Develop a brochure of incentives offered by the City for the Pending New development of affordable housing including fee waivers, expedited processing, Inclusionary Housing requirements, and Brochure is under development with anticipated density bonuses and other incentives. Provide a copy of this completion in winter 2012. brochure at the Planning Counter, the website and also provide a copy to potential developers. 2.2.4 The City shall provide more assistance for projects that provide a On -going higher number of affordable units or a greater level of affordability. At least 15 percent of units shall be affordable when assistance is Implement as projects are submitted and no new provided from Community Development Block Grant funds or the projects were proposed. City's Affordable Housing Fund. 2.2.5 For new developments proposed in the Coastal Zone areas of the On -going City, the City shall follow Government Code Section 65590 and Title 20. The City uses Chapter 20.34 "Conversion or Demolition of Affordable Housing" by monitoring demo requests and permits. No CRDPs were issued in 2011. M 4- D PROGRAM GOAL _ STATUS 2.2.6 All required affordable units shall have restrictions to maintain their On -going affordability for a minimum of 30 years. The City advises affordable housing developers that all affordable units are restricted to a minimum 30 -year time period. 2.2.7 Advise and educate existing landowners and prospective On -going developers of affordable housing development opportunities available within the Banning Ranch, Airport Area, Newport Mesa, City staff has been discussing affordable housing Newport Center, Mariners' Mile, West Newport Highway, and development opportunities with the applicants on Balboa Peninsula areas. the Banning Ranch, Koll and Uptown Newport projects and with other potential affordable housing developers. As part of the Master Plan Development of Banning Ranch and the Plans for Koll and Uptown Newport, an AHIP will be prepared to address affordable housing requirements. Staff provided information on these areas to prospective developers interested in building an affordable senior housing project and directed them to the Sites Analysis and Inventory. UI 10 PROGRAM GOAL STATUS 2.2.8 Participate in other programs that assist production of housing. On -going City staff attends OCHA Cities Advisory Committee meetings to keep up -to -date with programs that assist in the production of housing. Staff informs developers of programs that are available to assist in the production of housing for all income levels. 2,2.9 New developments that provide housing for lower- income On -going households that help meet regional needs shall have priority for the provision of available and future resources or services, The City has provided a copy of the Housing including water and sewer supply and services. Element to water and sewer service providers. Pursuant to state law, water and sewer providers must grant priority to developments that include housing units affordable to lower income households. 2.2.10 Implement Chapter 20.32 (Density Bonus) of the Zoning Code and On -going New educate interested developers about the benefits of density bonuses and related incentives for the development of housing Implement as projects are submitted. Density that is affordable to very low -, low -, and moderate - income Bonus information and incentives will be included households and senior citizens. in an informational brochure for the public. 2.2.11 Monitor the impact of Housing Program 2.2.1 and the City's On -going New Inclusionary Housing Ordinance on the overall production of housing within the City. Considerations shall include whether the The impact of Housing Program 2.2.1 will be inclusionary program results in cost shifting where the costs of monitored and a report of staffs findings will be subsiding the affordable units is underwritten by the purchasers of provided within the annual Housing Element market -rate units in the form of higher prices. Report, beginning with the 2012 calendar year. 11 PROGRAM GOAL_ STATUS 2.3.1 Study housing impacts of proposed major commercial /industrial On -going projects during the development review process. Prior to project approval, a housing impact assessment shall be developed by the The City reviews impacts and develops mitigation City with the active involvement of the developer. Such measures to housing of all projects as required by assessment shall indicate the magnitude of jobs to be created by CEQA. There were no major projects proposed in the project, where housing opportunities are expected to be 2011. available, and what measures (public and private) are requisite, if any, to ensure an adequate supply of housing for the projected labor force of the project and for any restrictions on development due to the "Charter Section 423" initiative. 3.1.1 Provide a streamlined "fast - track' development review process for On -going proposed affordable housing developments. The City will prioritize the development review process for all affordable housing projects. No projects were proposed in 2011. 3.1.2 When a residential developer agrees to construct housing for On -going persons and families of very low, low and moderate income above mandated requirements, the City shall either (1) grant a density The City considers density bonuses and other bonus as required by state law, or (2) provide other incentives of incentives on a project -by- project basis. Chapter equivalent financial value. 20.32 Density Bonus is included in the Zoning Code and is implemented as projects are submitted. No projects were proposed in 2011. 12 - PROGRAM GOAL STATUS 3.1.3 Review and consider in accordance with state law, the waiver of On -going planning and park fees, and modification of development standards, (e.g., setbacks, lot coverage, etc.) at the discretion of Waivers and incentives are considered by the City Council and Planning Commission for developments Planning Commission and City Council on a containing very low, low- and moderate - income housing in project -by- project basis. There were no projects proportion to the number of low- and moderate - income units in during the 2011 calendar year. each entire project. 13 PROGRAM GOAL STATUS 3.1.4 The City will encourage and facilitate residential and mixed -use On -going New development on vacant and underdeveloped sites listed in Appendix H4 by providing technical assistance to interested Appendix H4 is the Sites Analysis and Inventory developers with site identification and entitlement processing. The which identifies sites that can be developed for City will support developers funding applications from other housing within the planning period and that are agencies and programs. The City will post the Sites Analysis and sufficient to provide for the City's share of the Inventory on the City's webpage and marketing materials for regional housing need allocation to provide realistic residential and mixed -use opportunity sites, and will equally opportunities for the provision of housing to all encourage and market the sites for both for -sale development and income segments within the community. Appendix rental development. To encourage the development of affordable H4 can be found in the Housing Element available housing within residential and mixed -use developments, the City at the Planning Division or online at shall educate developers of the benefits of density bonuses and http:// www .newportbeachca.aov /index.aspx ?page= 173. related incentives identify potential funding opportunities, offer expedited entitlement processing, and offer fee waivers and /or deferrals. The City will: 1. Post a user - friendly Sites Analysis and Inventory on the City's website. 2. Include information and the sites in a brochure. 3. Add a layer or note in the City's Geographic Information System (GIS) to identify sites within the inventory to assist staff in providing information to interested developers. The City will encourage density bonus and offer incentives to interested developers. 14 PROGRAM GOAL STATUS 3.1.5 The City will monitor and evaluate the development of vacant and On -going New underdeveloped parcels on an annual basis and report the success of strategies to encourage residential development in its A report of staffs findings will be provided within Annual Progress Reports required pursuant to Government Code the annual Housing Element Report, beginning with 65400.. If identified strategies are not successful in generating the 2012 calendar year. development interest, the City will respond to market conditions and will revise or add additional incentives. 3.2.1 When requested by property owners, the City shall approve Ongoing New rezoning of developed or vacant property from nonresidential to residential uses when appropriate. These rezoned properties shall The City considers rezoning of property to be added to the list of sites for residential development. residential uses on a case -by -case basis to ensure compatibility with existing uses in the surrounding neighborhood. When appropriate, the City will rezone property to a residential use and add the sites to the Sites Analysis and Inventory. 3.2.2 Recognizing that General Plan Policy LU6.15.6 may result in a Complete New potential constraint to the development of affordable housing in the Airport Area, the City shall amend the General Plan and /or Planned Community Amendments to Newport establish a waiver or exception to the minimum 10 -acre site Place (PC 11) and Koll Center (PC 15) to add a requirement. It is recognized that allowing a smaller scale waiver process will be considered by the Planning development within an established commercial and industrial area Commission and City Council in Spring 2012. may result in land use compatibility problems and result in a residential development that does not provide sufficient amenities (i.e. parks) and /or necessary improvements (i.e. pedestrian walkways). Therefore, it is imperative that the proposed waiver include provisions for adequate amenities, design considerations for the future integration into a larger residential village, and a requirement to ensure collaboration with future developers in the area. W O 15 PROGRAM GOAL STATUS 3.2.3 The City shall amend the Newport Place (PC 11) and Koll Center On -going (PC 15) Planned Community texts to allow residential developments that include: 1) a minimum of 30 percent of the units Planned Community Amendments to Newport affordable to lower- income households; and 2) densities between Place (PC 11) and Koll Center (PC 15) to add 30 du /acre and 50 du /acre consistent with the MU -H2 General residential as a permitted use will be considered Plan land use designation and policies for the Airport Area. It is by the Planning Commission and City Council in recognized that adding residential as a permitted use where it was Spring 2012. not allowed previously might require additional design attention to integrate uses. Therefore, the Planned Community Amendments will add residential uses as permitted by right subject to a site plan review to ensure integration within the existing area. The City will monitor commercial redevelopment within the Airport Area to ensure sufficient residential capacity remains to accommodate the City's RHNA for lower- income households. Should residential capacity be reduced to a level that cannot accommodate the City's remaining need for lower- income households citywide, the City will identify and zone, if necessary, sufficient sites in an alternative location to accommodate the City's RHNA. 4.1.1 Annually contact owners of affordable units for those On -going updated developments listed in Table H12 as part of the City's annual monitoring of affordable housing agreements to obtain information Staff maintains an updated contact list for regarding their plans for continuing affordability on their properties affordable units in conjunction with the 2008 -2014 and to encourage the extension of the affordability agreements for Housing Element. LDM Associates (consultant) the developments listed in Table H12 beyond the years noted. works with staff to include this in the annual monitoring. W N 16 PROGRAM GOAL - STATUS 4.1.2 The City shall register as a Qualified Preservation Entity with HCD On -going updated to ensure that the City will receive notices from all owners intending to opt out of their Section 8 contracts and /or prepay their The City prepared forms to submit to HCD by HUD insured mortgages. Upon receiving notice that a property Spring 2012 to register the City of Newport Beach owner of an existing affordable housing development intends to as a Qualified Preservation Entity with HCD. convert the units to a market -rate development, the City shall consult with the property owners and potential preservation organizations regarding the potential use of CDBG funds and /or Affordable Housing Fund monies to maintain affordable housing opportunities in those developments listed in Table H12 or assist in the non - profit acquisition of the units to ensure long -term affordability. 4.1.3 Continue to maintain information on the City's website and prepare On -going written communication for tenants and other interested parties about Orange County Housing Authority Section 8 opportunities to Pamphlets informing prospective tenants and assist tenants and prospective tenants to acquire additional landlords about the OCHA Section 8 program have understanding of housing law and related policy issues. been made available in the public lobby and information is posted on the City website. 4.1.4 Investigate availability of federal, state, and local programs On -going (including in -lieu funds) and pursue these programs if found feasible, for the preservation of existing low- income housing, The City attends OCHA meetings and has especially for preservation of low- income housing that may continued to investigate available programs and increase to market rates during the next ten years. A list of these evaluate the feasibility of participating in such programs, including sources and funding amounts, will be programs. identified as part of this program and maintained on an on -going basis. 17 PROGRAM GOAL STATUS 4.1.5 The City shall inform and educate owners of affordable units of the On -going New State Preservation Notice Law (Government Code Section 65863.10 -13), if applicable. Pursuant to the law, owners of Staff opened discussion with LDM in December government- assisted projects cannot terminate subsidy contract, 2011 to discuss creating a notice to go out with the prepay a federally- assisted mortgage, or discontinue use annual monitoring. restrictions without first providing an exclusive Notice of Opportunity to Submit an Offer to Purchase. Owners proposing to sell or otherwise dispose of a property at any time during the five years prior to the expiration of restrictions must provide this Notice at least 12 months in advance unless such sale or disposition would result in preserving the restrictions. The intent of the law is to give tenants sufficient time to understand and prepare for potential rent increases, as well as to provide local governments and potential preservation buyers with an opportunity to develop a plan to preserve the property. This plan typically consists of convincing the owner to either (a) retain the rental restrictions in exchange for additional financial incentives or (b) sell to a preservation buyer at fair market value. C� W it:] PROGRAM GOAL STATUS 4.2.1 Investigate the use of federal funds to provide technical and On -going financial assistance, if necessary, to all eligible homeowners and residential rental property owners to rehabilitate existing dwelling The City investigates available programs and units through low- interest loans or potential loans, or grants to very evaluates the feasibility of participating in such low —, low- and moderate - income, owner - occupants of residential programs. properties to rehabilitate existing units. a City Council approved the Utility Connection Grant Program guidelines in order to provide utility hook -up assistance to low- income households in Newport Beach utility undergrounding Assessment Districts. The grant program was allocated $65,922 in CDBG funds in the 2010 -2011 fiscal year. Budget of $65,922 for Utility Assessment District Grant Program will be carried over from 2010 -2011 for 2011 -2012 with a goal of 5 owner - occupied housing units. 4.2.2 In accordance with Government Code Section 65863.7, require a On -going relocation impact report as a prerequisite for the closure or conversion of an existing mobile home park. Consistent with state law, a detailed relocation impact report is a requirement for the permit for proposed closures or conversions. There were no closures or conversions in 2011. 4.2.3 Should need arise, consider using a portion of its Community On -going Development Block Grant funds for establishment and implementation of an emergency home repair program. Energy Continuously monitor requests for assistance and efficient products shall be required whenever appropriate. Code Enforcement quarterly reports to determine need. No projects in 2011. W 4- IV PROGRAM GOAL STATUS 4.2.4 Participate as a member of the Orange County Housing Authority On -going Advisory Committee and work in cooperation with the Orange County Housing Authority to provide Section 8 Rental Housing Staff attends the quarterly meetings of the OCHA Assistance to residents of the community. The City shall, in Cities Advisory Committee. cooperation with the Housing Authority, recommend and request use of modified fair market rent limits to increase number of Staff continually works in cooperation with the housing units within the City that will be eligible to participate in the County to provide Section 8 rental housing program. The Newport Beach Planning Department shall prepare assistance to residents. and implement a publicity program to educate and encourage landlords within the City to rent their units to Section 8 Certificate A link to the Orange County Housing Authority holders and to make very low- income households aware of website has been placed on the City website to availability of the Section 8 Rental Housing Assistance. Program. provide information on the Section 8 program. 4.2.5 Developers that choose to meet the inclusionary housing On -going New requirements of Housing Program 2.2.1 through the renovation and conversion of existing off -site units in the City to affordable Although this is a new program, no projects were units shall be required to substantially renovate and improve the submitted in 2011. livability and aesthetics of the units for the duration of the affordability period and include energy conserving retrofits that will contribute to reduced housing costs for future occupants of the units. 4.2.6 Implement and enforce the recently adopted Water Efficient On -going New Landscape Ordinance and Landscape and Irrigation Design Standards in compliance with AB 1881 (2006). The ordinance Continuously implemented as housing projects are establishes standards for planning, designing, installing, and submitted. maintaining and managing water - efficient landscapes in new construction and rehabilitated projects. UI 20 PROGRAM GOAL _ - STATUS 4.2.7 Affordable housing developments that receive City assistance from On -going New Community Development Block Grant funds or from the City's Affordable Housing Fund shall be required, to the extent feasible, Although this is a new program, no projects were include installation of energy efficient appliances and devices, and submitted in 2011. water conserving fixtures that will contribute to reduced housing costs for future occupants of the units. 4.2.8 Investigate the feasibility and benefits of using a portion of its Pending New Community Development Block Grant funds for the establishment and implementation of an energy conserving home improvements Staff began investigation and anticipates program for lower- income homeowners. completion in 2012. 4.2.9 Establish a process for LEED certified staff members to provide On -going New development assistance to project proponents seeking LEED certification, which will in turn increase the LEED points granted to The City presently has one LEED accredited staff projects. member who will provide technical assistance when requested. 4.2.10 To encourage voluntary green building action, the City will institute On -going New a green recognition program that may include public recognition of LEED certified buildings, payment of a display advertisement in the The City presently has one LEED accredited staff local newspaper recognizing the achievements of a project, or member who will provide technical assistance developing a City plaque that will be granted to exceptional when requested. developments. The City will work on developing a recognition program in 2012. 21 PROGRAM GOAL STATUS. 5.1.1 Apply for United States Department of Urban Development On -going Community Development Block Grant funds and allocate a portion of such funds to sub - recipients who provide shelter and other Through the approved Action Plans for Fiscal year services for the homeless. 2011 -2012, the City provided funding to the following organizations to preserve the supply of emergency and transitional housing: Human Options, Families Forward, Serving People In Need (SPIN), Share Our Selves (SOS) and Fair Housing Foundation. The following organization has been funded to assist homeless battered women and children: Human Options. 5.1.2 Cooperate with the Orange County Housing Authority to pursue On -going establishment of a Senior /Disabled or Limited Income Repair Loan and Grant Program to underwrite all or part of the cost of The City refers low income residents to Orange necessary housing modifications and repairs. Cooperation with the County for rehabilitation of mobile homes, to Orange County Housing Authority will include continuing City of Neighborhood Housing for first time buyer Newport Beach participation in the Orange County Continuum of programs, and to Rebuilding Together for Care and continuing to provide CDBG funding. handyman service for low income and senior households. 5.1.3 Permit, where appropriate, development of "granny" units in single- On -going family areas of the City. Two permits were issued in 2011. GJ 22 PROGRAM GOAL - - - STATUS 5.1.4 Work with the City of Santa Ana to provide recommendations for On -going the allocation of HUD Housing Opportunities for Persons with AIDS ( HOPWA) funds within Orange County. The City attended the annual HOPWA Strategy meeting and participated in providing recommendations for the allocations of HOPWA funds. 5.1.5 Maintain a list of "Public and Private Resources Available for On -going Housing and Community Development Activities." City maintains a list of resources that are available for housing and community development activities. A list of resources and links are provided on the City's website. 5.1.6 Encourage the development of day care centers and community On -going New parks as a component of new affordable housing constructed as part of the requirements of the City's Inclusionary Housing New policy which will be implemented continuously Ordinance. as housing projects are submitted to the City. 5.1.7 Amend the Zoning Code to include a definition of Single Room Pending New Occupancy (SRO) Residential Hotels and add provisions that would permit SROs within the commercial and office zoning This definition of SRO and related provisions will districts with the approval of a use permit. No standard set of be included in the Zoning Code amendment conditions or use restrictions on SROs shall be established; anticipated to be completed by Spring 2012. instead, each application should be evaluated individually and approved based upon its own merits and circumstances. W 23 PROGRAM GOAL STATUS 6.1.1 Contract with an appropriate fair housing service agency for the On -going provision of fair housing services for Newport Beach residents. The City will also work with the fair housing service agency to assist The City contracted with the OC Fair Housing with the periodic update of the Analysis of Impediments to Fair Council to provide these services in 2010 -11 and Housing document required by HUD. The City will continue to changed contract to the Fair Housing Foundation provide pamphlets containing information related to fair housing at for 2011 -2012. The Fair Housing Foundation the Planning Division counter. provided training seminars on fair housing law for tenants and landlords in November and December of 2011 at the Oasis Senior Center. The updated Analysis of Impediments to Fair Housing was completed in June 2011. Pamphlets containing information on Fair Housing and Dispute Resolution Services are available at the public counter. 7.1.1 As part of its annual General Plan Review, the City shall report on On -going the status of all housing programs. The portion of the Annual Report discussing Housing Programs is to be distributed to the This annual Housing Element Report will be California Department of Housing and Community Development in submitted to HCD. accordance with California State Law. ,W