HomeMy WebLinkAbout8.0_2017 GP Status Report_PA2007-195CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
r� = March 8, 2018
Cq��p0.N�P Agenda Item No. 8
SUBJECT: 2017 General Plan Status Report (PA2007-195)
PLANNER: Melinda Whelan. Assistant Planner
949-644-3221, mwhelan(a)newportbeachca.gov
RECOMMENDATION
1) Find the preparation, review and submission of the 2017 General Plan Status Report
not subject to the California Environmental Quality Act (CEQA) as the actions are not
a project as defined by Section 15378(b)(2) of the Public Resources Code;
2) Review and comment on the 2017 General Plan Status Report; and
3) Recommend the City Council review and authorize the submittal of the 2017 General
Plan Status Report to the California Office of Planning and Research (OPR) and the
State Department of Housing and Community Development (HCD).
DISCUSSION
Government Code Section 65400 and General Plan Implementation Program 1.3 require
the preparation of an annual report on the status of the General Plan and progress in its
implementation. Following City Council review, the report needs to be sent to the Office
of Planning and Research (OPR) and the Department of Housing and Community
Development (HCD).
The 2017 General Plan Status Report follows preparation guidelines set forth by OPR.
The report reflects the status of the implementation measures at the conclusion of 2017,
and does not reflect changes or updates which may have been directed in 2018. The
implementation programs contained in Chapter 13 of the General Plan are included for
reference as Attachment PC1. The report is the City's self-assessment of the status and
implementation of the General Plan and Housing Element. The report is broken up into
two parts: Part 1) General Plan Implementation Programs; and Part 2) Housing Element
Annual Report (Attachment PC2).
The Housing Element Annual Report is mandated by Government Code Sections 65583
and 65584 and demonstrates the City's progress in meeting its share of regional housing
needs and Housing Element programs. The Housing Element Report follows the
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2017 General Plan Status Report
Planning Commission, March 8, 2018
Page 2
guidelines provided by HCD as recommended by Government Code Section 65400(B)
and 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.
In 2017, the City Council and staff investigated commencing a comprehensive update to
the General Plan. On January 29, 2018, at the 2018 Planning Session special meeting,
the City Council and public discussed a comprehensive General Plan Update. On
February 13, 2018, the City Council adopted a resolution to initiate an amendment to the
General Plan in 2019. After initiation, the first step will be an outreach effort to the
community to identify issues to be addressed in the future update.
Environmental Review
The General Plan Status Report, including the Housing Element Report, is not subject to
CEQA, as the actions are not a project as defined in Section 15378(b)(2) of the Public
Resources Code.
Public Notice
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the Planning Commission considers the item).
Prepared by: Submitted by:
Melinda Whelan
Assistant Planner
ATTACHMEN
PC 1 General Plan Implementation Program (General Plan Chapter 13)
PC 2 General Plan Annual Status Report: Part 1. General Plan Implementation
Programs; and Part 2. Housing Element Annual Report
01/12/18
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Attachment No. PC 1
General Plan Implementation Program
(General Plan Chapter 13)
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CHAPTER 13 Implementation Program
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IMPLEMENTATION
The following implementation programs constitute the principal set of actions and procedures
necessary to carry out the goals and policies of the City of Newport Beach General Plan. They are
generally described and do not reiterate the policies' specific standards or requirements that must be
addressed in implementation, such as permitted development densities and required parkland acreage
dedication. Consequently, in implementing the programs it is necessary to review the Plan's policies to
assure that they are fully addressed. For the convenience of the General Plan's users, each
implementation program is numbered and referenced at the close of each relevant Element policy
(Imp —)•
The programs described herein may change over time to reflect available funding or as new
approaches are used in the future. To this end, the General Plan Progress Report required to be
prepared annually, as described in Imp 1.3 below, should review the continuing applicability of the
programs and update this list as necessary. Such modifications would not necessitate a formal
amendment of the General Plan, unless they substantively alter the Plan's goals or policies.
Development Management System
The City of Newport Beach's Development Management System encompasses the policy and
regulatory documents and procedures that guide land use development and resource conservation in
accordance with the goals and policies specified by the General Plan.
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1. GENERAL PLAN
Overview
The City of Newport Beach General Plan was prepared and adopted in accordance with the
procedural and substantive requirements of California Government Code §65300 et seq. It serves as
the statement of official policy for Newport Beach's long term physical development and addresses all
elements statutorily required by the Code including Land Use, Housing, Circulation, Conservation,
Open Space, Public Safety, and Noise. To avoid redundancy, the subjects of the Conservation and
Open Space Element have been merged into the Natural Resources Element. Parks and Recreation,
under statute a component of the Open Space Element, has been prepared as a separate element to
reflect its importance. As a municipality is permitted to incorporate other elements that pertain to its
PROGRAM
unique characteristics or visions, the Newport Beach General Plan also includes Harbor and Bay, Arts
and Cultural, and Historic Resources Elements. Though optional by statute, once adopted they hold
equal weight under the law as the mandated elements.
Goals and policies of the General Plan are applicable to all lands within the jurisdiction of the City of
Newport Beach. Consistent with state statutes (65300), the General Plan also specifies policies for
the adopted Sphere of Influence (SOI), encompassing Banning Ranch, which represent the City's
long-term intentions for conservation and development of the property should it be annexed to
Newport Beach. Until that time, uses and improvements of the property are subject to the County of
Orange General Plan.
Programs
Imp 1.1 Ensure that Private Development and Capital Improvements are Consistent
with the General
California statutes require that a city's decisions regarding its physical development must be consistent
with the adopted General Plan. As entitlements for the development of private properties are guided
by the City's ordinances and Charter requirements, implicitly they must be consistent with the General
Plan. As a consequence, it is necessary for Newport Beach to review all subdivision and development
applications and make written findings that they are consistent with all goals and policies of the
General Plan (see Imp 12.1 and Imp 13.1). If the project is found to be inconsistent, it cannot be
approved without revisions of the General Plan and, as necessary, it's implementing ordinances.
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When the City or any external agency responsible for the planning or implementation of public works
within the City prepares its annual list of proposed public works and its five-year Capital
Improvement Program (CIP), these must be submitted to the Planning Commission for review for
conformity with the adopted General Plan (Government Code 565401). Additionally, when the City
acquires property for public purposes, such as streets and parks, the Planning Commission is required
to review this action and report on its consistency with the General Plan (565402).
Imp 1.2 Update and Revise the General Plan to Reflect Changing Conditions and
Visions
While there are no specific deadlines for updates and revisions of the General Plan, state guidelines
urge that it be maintained to reflect current conditions, issues, and visions. The State Office of
Planning and Research (OPR) is required to notify a city when its general plan has not been revised
within eight years. If the plan has not been revised within ten years, OPR must also notify the
Attorney General, who will notify the City of the legal risks for failure to maintain a legally adequate
plan. An exception is the Housing Element, which is required to be revised at least every five years
(Code 565588) and certified by the State Department of Housing and Community Development
(HCD). Historically, this deadline has been extended on a number of occasions due to delays in the
preparation of the regional housing allocation by the responsible regional agency, the Southern
California Association of Governments (SCAG).
While comprehensive revisions occur infrequently in recognition of the long-term role of the General
Plan, it is important to monitor its relevance and applicability to local needs and issues as they evolve
over time. At least once every five years the City should review the economic markets for commercial,
industrial, and housing development; identify trends that impact or provide opportunities for the City;
assess the Plan's land use diagram, policies, and standards for their effectiveness in addressing these;
evaluate traffic conditions and their correlation with land use development; and amend these where
desired and necessary. All amendments must be analyzed pursuant to Charter Section 423 to
determine if they must be submitted to the electorate.
As many of the General Plan's implementation programs, particularly the Public Infrastructure and
Services Plans and Public Service Programs, are dependent on available funding and evolve over time
to reflect changing community needs, they should be reviewed and updated at least once each three
years to assure their continuing relevancy. This is a technical revision that would not necessitate a
formal amendment of the General Plan, provided that they do not alter its policies, and would best be
accomplished as an integral component of the Annual General Plan Progress Report (see Imp 1.3).
Revisions and updates of the General Plan should be made in accordance with the General Plan's
Vision Statement, or as modified by future public input. Fundamentally, this should sustain the City's
intentions to be a residential community, balanced with supporting retail uses, job opportunities, and
visitor and recreational services and amenities. Amendments to accommodate the City's "fair -share"
of regional housing demand will be considered in context of these visions and the goals stipulated by
this Plan. Increments of additional growth will be linked to the provision of adequate supporting
transportation systems, infrastructure, and public services.
Newport Beach General Plan
Imp 1.3 Prepare Annual General
Implementation Reports
Implementation Program
Plan Progress and Housing Element
The California Government Code §65400(b)(1) requires all cities and counties to submit an annual
General Plan Progress Report to their "legislative bodies," the State Office of Planning and Research
(OPR), and the State Department of Housing and Community Development (HCD). The purpose of
the report is to provide information on the status of the General Plan and the progress made in
implementing its programs and goals including the adequacy of transportation, utility infrastructure,
and public services to support entitled projects. Additionally, the Report must specify the degree to
which the approved general plan complies with the General Plan Guidelines published by the
Governors Office of Planning and Research (OPR) and the date of its last revision.
As required by State Housing Element Law, the City is also required to monitor all housing programs
and complete a detailed annual Housing Element Implementation Report that documents the City's
progress in fulfilling its share of the Regional Housing Needs Assessment; the status of the
implementation of each of the housing programs of the City's Housing Plan; and reviews actions and
programs adopted to remove or mitigate governmental constraints on the development of housing for
all income levels.
2. ZONING CODE
Overview
The City of Newport Beach Zoning Code, Title 20 of the Municipal Code, is one of the primary
means of implementing the General Plan. Unlike the long-term perspective of the General Plan, the
Zoning Code anticipates the immediate uses of the land. Areas within the SOI are governed by the
County of Orange Zoning Code, until annexation to the City, when they would be subject to the
City's Code.
While state statutes do not require consistency between the General Plan and Zoning Code for
charter cities, such as Newport Beach, most court decisions in the state pertaining to the regulation of
land use development in such communities have set the General Plan as the standard by which
development entitlements that have been legally challenged have been measured. This is based on the
premise that effective implementation of a general plan necessitates mutually reinforcing actions, such
as a consistent zoning code. Newport Beach's practice has been to maintain consistency between its
General Plan and Zoning Code.
Programs
Imp 2.1 Amend the Zoning Code for Consistency with the General Plan
Adoption of the updated General Plan necessitates a thorough review of the Zoning Code's
regulations for consistency with the General Plan's Land Use Plan and policies. This shall include
review of Code requirements pertaining to areas designated as "Specific Plans" (see "Specific Plans"
below) and amendments to Planned Community (PC) Development Plans.
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In accordance with state statutes, the Zoning Code shall be amended "within a reasonable time" of
the adoption of the updated General Plan. While a specific time frame is not specified, it is common
practice for communities to revise their zoning within a 12- to 18 -month time period.
In summary, map and text amendments may be necessary to accomplish the following:
a. Review and revise land use classifications to reflect the General Plan's policies for permitted
uses, densities/intensities, and development standards. These need to reflect the new types of
land use categories, including those that provide for the vertical and horizontal mixing of
housing with commercial, office, visitor -serving and other non-residential land uses.
b. Add standards to implement policies addressing community character and design and
development for each land use category and as defined for sub -areas.
c. Review and amend, where necessary, Code requirements and standards pertaining to the
location and design of development to protect terrestrial and marine environmental resources;
protect development and populations for the risks of environmental hazards such as
earthquakes, tsunamis, methane gas, and excessive noise; and maintain the integrity and quality
of Newport Harbor and the Upper Bay.
d. Review and amend the Code, as necessary, to achieve specific objectives of the General Plan
such as lot consolidation to improve the economic viability of commercial uses, retention of
marine -related businesses, development of affordable housing, and implementation of more
environmentally sustainable buildings and site planning. These may be accomplished through
development requirements and/or incentives.
e. Review and amend the Code, as necessary, to assure that developer requirements for the
dedication of lands for roadway improvements, parklands, and other elements defined by
General Plan policies are fulfilled, including specifications and procedures for which in -lieu fees
may be contributed.
3. SPECIFIC PLANS
Overview
Specific plans are tools for the systematic implementation of the General Plan and intended to
implement and regulate land use and development within a specific project boundary, subject to the
substantive and procedural requirements of §65450 through 565450 of the California Government
Code. Specific plans are regulatory documents adopted by ordinance and, to date, have been
incorporated into Newport Beach's Zoning Code. Therefore, all development standards contained
therein are enforceable by law.
Specific plans that have been adopted by the City of Newport Beach, generally, are more limited in
their scope and application than authorized by the California Government Code. Principally, they are
more specific than underlying the parallel zoning requirements in their definition of development
standards and design guidelines to reflect the unique characteristics of their planning area. Some
prescribe programs for visual enhancement and streetscape improvements. Adopted specific plans at
the time of the approval of the updated General Plan include Newport Shores, Mariner's Mile,
Cannery Village/McFadden Square, Santa Ana Heights, Central Balboa, and Old Newport Boulevard.
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A "placeholder" is included in the Code for the anticipated future preparation of a specific plan for
Corona del Mar. However, the updated General Plan does not specify a specific implementation
structure or regulating document for Corona del Mar or most other areas.
As a component of the revision of the Newport Beach Zoning Code for consistency with the General
Plan (Imp 2.1, above), development regulations for designated Specific Plan areas of the City shall be
reviewed and amended as necessary.
Programs
Imp 3.1 Preparation of New Specific Plans
As specific plans are considered by the state OPR to be especially useful for large projects and sites
with environment constraints, there are several potential applications in the City of Newport Beach.
These may be prepared by either the City or private sector. However, responsibility for their adoption
lies with the City Council.
a. Should Banning Ranch not be acquired as open space, guidelines and standards for the
integration of development with the preservation of critical habitat, bluffs, and other natural
open spaces are essential. General Plan policies for the intermixing of a variety of housing types
with local retail services, a hotel, and park in a walkable and sustainable environment can best
be accomplished through detailed development standards and design guidelines that are not
currently contained in the City's ordinances. A specific plan, as conceived by state statute,
would also encompass detailed infrastructure, financing, and phasing plans. A specific plan
would also be helpful in assuring that the quality of development and scope of resource
protection desired for this property would be achieved
b. Specific plans may also be considered to satisfy the regulatory planning requirements for the
residential villages proposed for the Airport Area and the integration of the mix of medical -
related, housing, commercial, and industrial uses in West Newport Mesa. In these cases, the
specific plans would serve as important tools to guide the development of multiple properties
into a cohesive district. It would establish standards for a suitable interface among the diverse
permitted land uses, a high level of architectural design and site landscape, and the
incorporation of parklands, unifying streetscapes, and other amenities.
4. DEVELOPMENT PLANS/PLANNED COMMUNITIES
Overview
The City of Newport Beach provides for a "Planned Community" (PC) designation for the
development of large properties, usually under one ownership, with the objective of producing a well-
defined and cohesive district that integrates one or more type of housing unit and supporting uses
that meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic
circulation similar to comparable residential and commercial districts in the City, as well as reflects the
unique environmental setting of the property. These define specific development standards that are
customized to reflect the unique attributes of the property and its surroundings.
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Programs
Imp 4.1 New" Planned Community^ Development Plans
In lieu of the preparation of specific plans, as discussed above, the City may elect to have "Planned
Community" plans prepared for large scale development projects permitted by the General Plan.
Principally, these would apply to Banning Ranch, and residential villages in the Airport Area. For the
Latter, these would serve as the "regulatory plan" required for each village. This would expand the
traditional use of the City's PC designations to incorporate detailed design guidelines, infrastructure
plans, phasing, and financing mechanisms.
5. LOCAL COASTAL PROGRAM
Overview
Implementation of California Coastal Act policies is accomplished primarily through a Local Coastal
Program (LCP) that contains a Coastal Land Use Plan (CLUP) and Implementation Plan (IP). The
CLUP sets forth goals, objectives, and policies that govern the use of land and water in the coastal
zone within the City of Newport Beach, with the exception of Newport Coast and Banning Ranch.
Newport Coast is governed by the previously certified and currently effective Newport Coast segment
of the Orange County Local Coastal Program. Banning Ranch is a Deferred Certification Area (DCA)
due to unresolved issues related to land use, public access, and the protection of coastal resources.
The IP consists of the zoning ordinances, zoning district maps, and other legal instruments necessary
to implement the land use plan.
Programs
Imp 5.1 Review and Revise Coastal Land Use Plan for Consistency with the General
Plan
The General Plan's updated goals and policies were written in consideration of the CLUP approved
by the California Coastal Commission on February 8, 2006. Many of its policies were directly
incorporated in the Land Use, Harbor and Bay, Natural Resources, Recreation, and Safety Elements.
However, there are a number of policies in the updated General Plan that may deviate from those in
the approved CLUP Among these are policies for the inclusion of housing and mixed-use
developments in portions of the coastal zone and the revised land use classification and
density/intensity system. It will be necessary to review and amend the CLUP for consistency and
submit these to the Coastal Commission for certification.
6. SUBDIVISION ORDINANCE
Overview
The City of Newport Beach Subdivision Ordinance, Title 19 of the Municipal Code, regulates and
controls the division of land within the City in accordance with the Subdivision Map Act and
Government Code X66411. The Subdivision Ordinance regulates the design and improvement of
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subdivisions, requires dedications of public improvements, establishes development impact fees and
mitigation programs, and requires conformity with the provisions of the City's General Plan. This
includes the review and approval of lot size and configuration, street alignments, street grades and
widths, traffic access, drainage and sanitary facilities, lands dedicated for public uses (e.g., schools and
parks) and open spaces, and other measures as may be necessary to insure consistency with or
implementation of the General Plan.
Programs
Imp 6.1 Review the Subdivision Ordinance for Consistency with the General Plan
On adoption of the updated General Plan, the Subdivision Ordinance shall be reviewed and amended
where necessary to ensure consistency with its goals and policies. This may encompass revisions
related to the Plan's policies pertaining to the intermixing of uses; site planning and design; landscape
improvements; roadway and street standards and improvements; storm drainage and pollution runoff
control; conformance to natural topography and landscapes; terrestrial and marine habitat protection;
landform and coastal sand protection; flooding, fire, geologic, seismic, and other hazard abatement;
environmental impact mitigation, and infrastructure and public service concurrency.
Additionally, the City should examine and modify the Ordinance to reflect state-of-the-art land
development practices that enhance environmental sustainability, such as the draft "LEED for
Neighborhood Developments (LEED-ND) Rating System." These standards would largely be
applicable to large scale development projects, such as the Banning Ranch.
7. BUILDING AND CONSTRUCTION CODE
Overview
Building construction in the City is regulated by Title 15 of the Newport Beach Municipal Code,
"Buildings and Construction." This encompasses the 1994 Uniform Code for Building Conservation;
1997 Uniform Administrative Code; Uniform Housing Code; California Swimming Pool, Spa, and
Hot Tub Code; the 2001 California Building Code; California, Mechanical Code, and California
Plumbing Code; the 2004 California Electrical Code; Newport Beach Excavation and Grading Code;
Newport Beach Flood Damage Protection; and the Newport Beach Construction Site Fencing and
Screening. Additionally, Title 15 includes regulations for Earthquake Hazard Reduction in Existing
Buildings, Sign Code, House Moving, Abatement of Substandard Buildings, Undergrounding of
Utilities, Fair Share Traffic Contribution, Traffic Phasing, Major Thoroughfare and Bridge Fee
Program, Development Agreements, Flood Damage Protection, Methane Gas Mitigation, Wireless
Telecommunications Facilities, and Santa Heights Redevelopment. The City applies the most recently
updated codes by state, federal, and professional organizations. The Fair Share Traffic Contribution
ordinance and accompanying resolution determine the total unfunded cost of completing the City's
Circulation Element and allocate this cost to future development based on traffic generation rates.
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Programs
Imp 7.1 Review Building and Construction Code for Consistency with General Plan
General Plan policies largely mimic the provisions of the City's Building and Construction Code (Title
15), particularly those addressing public safety. As the General Plan specifies many new policies
pertaining to the design and development character of many land use districts, the Code should be
reviewed to assure that these are fully addressed. In addition, as the General Plan provides for the
development of high-rise multi -family residential, the Code should also be reviewed for its adequacy
in consideration of the policies for such building types in the Airport Area.
The City should also consider revisions of Title 15 to foster the use of `green -building" techniques
that have not been traditionally used in the City, as well as other appropriate revisions to achieve the
Plan's policy objectives.
Imp 7.2 Revise Fair Share Traffic Contribution Ordinance
The updated Circulation Element will require revisions of the City's Fair Share Traffic Contribution
Ordinance, Chapter 15.38, for consistency, with periodic updates as necessary for funding
consideration changes (including the implications of regional improvements such as those contained
in the Orange County Master Plan of Arterial Highways and the traffic contribution of adjacent cities
such as Irvine, Huntington Beach, Costa Mesa, and Laguna Beach). This ordinance and accompanying
resolution determine the total unfunded cost of completing the City's Circulation Element and
allocate this cost to future development based on traffic generation rates.
Imp 7.3 Review and Update Transportation Demand Ordinance
The Transportation Demand Management (TDM) Ordinance should be periodically reviewed and
updated to address the needs of new development types and land use mixes, especially as mixed use
development is implemented in areas such as Newport Center and the Airport Area.
8. OTHER CODES AND ORDINANCES
Overview
General Plan policies are also implemented through a diversity of other codes and ordinances of the
City of Newport Beach. Relevant sections of the Municipal Code may include, but are not limited to,
the following:
■ Title 6, Health and Sanitation
■ Title 9. Fire Code
■ Title 10, Offenses and Nuisances
■ Title 11, Recreational Activities
■ Title 12, Vehicles and Traffic
■ Title 13, Streets, Sidewalks, and Public Properties
■ Title 17, Anchorage and Mooring Regulations
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Programs
Imp 8.1 Review Codes and Ordinances for Consistency with the General Plan and
Update Periodically
On adoption of the General Plan, relevant codes and ordinances of the City shall be reviewed for
their consistency and revisions prepared where necessary. These shall be updated periodically to
reflect state-of-the-art practices and technologies. Representative of the issues addressed by General
Plan policy that should be reviewed are the following:
a. Requirements for live -aboard vessels pertaining to the integrity, quality, and safety of Harbor
uses, environmental protection, and impacts on the public, waterfront owners/lessees, and
adjoining properties
b. Regulation and transfer of mooring permit applications and titles
c. Standards for the design and siting of bulkheads, pier, and similar structures to address their
potential visual impacts
d. Standards and policies specified by the Noise Element to protect sensitive noise receptors,
residents and businesses from unwanted noise impacts from traffic, JWA operations,
construction activities, truck deliveries, special events, charter and entertainment boats, and
similar sources
Imp 8.2 Prepare New Codes, Ordinances, and Guidelines
The updated General Plan shall be reviewed and evaluated for the need to adopt new codes and
ordinances that implement its policies and standards. Among those that may be considered for their
appropriateness are the following
a. A "commercial -residential' interface ordinance that regulates use, activity, and design of
commercial properties located on shallow parcels directly abutting residential neighborhoods
b. Design guidelines for the renovation or reconstruction of housing in existing neighborhoods to
assure that they complement the character of existing development; these may be applied to
specific neighborhoods or citywide
c. An ordinance or guidelines for the preservation of historic buildings and/or properties; this
shall be developed in consideration of guidelines published by the State Historic Preservation
Office
d. An ordinance managing parking in commercial and mixed-use corridors and districts
characterized by deficient parking; this may provide for the establishment of parking districts in
which new parking may be developed in public or private shared facilities or structures or other
facilities, as well as procedures for the funding of these improvements
9. CITY COUNCIL POLICY MANUAL
Overview
Many regulatory policies established by the City Council are adopted by ordinance and included in the
Municipal Code. However, other policies also are established which by their nature do not require
adoption by ordinance. These policy statements adopted by resolution of the City Council are
Newport Beach General Plan
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consolidated within the Newport Beach City Council Policy Manual. This Manual contains numerous
polices that establish rules and guidelines for City administration, planning, public works and utilities,
environmental protection, city services, and coastal activities. These policies help to guide residents
and city staff in the direction that Council will take on certain matters. City Council Policies are set at
Council Meetings and are reviewed annually.
Programs
Imp 9.1 Review City Council Policy Manual for Consistency with the General Plan
The City Council Policy Manual shall be reviewed to assure that its policies are consistent with the
updated General Plan.
10. DATABASE MANAGEMENT AND DEVELOPMENT
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Overview
Among the responsibilities of the City's Management Information Systems (MIS) Division is the
maintenance of a centralized database development and support system. This is supplemented by the
development and maintenance of data by individual City departments. This includes the Geographic
Information System (GIS) that allows data to be connected to all parcels in the City, facilitating
analysis and display of information geographically.
Tracking new development as it is approved will enable the City, property owners, and the public to
easily and quickly know how much development potential remains for a property or an area.
Incorporation of the data base in GIS format on the city's web page would facilitate public access and
review. In addition, adoption and voter approval of the updated General Plan will modify the
development capacities in the City, and these will be used as the basis for the review of project
applications and determination of the need for voter approval pursuant to Charter Section 423.
Programs
Imp 10.1 Maintain Up -to -Date Comprehensive Database
Data that is likely to change over a comparatively short time period, such as built land use and traffic
should be updated on a continuing basis, while data that is stable, such as seismic hazard zones, can
be updated on a less frequent basis. In its annual budgeting process, priority should be placed on
expenditures for the compilation of data that informs the City's development decisions, public works
improvements, services, and programs.
Imp 10.2 Maintain Development Tracking and Monitoring Program
As new development is approved and implemented, the number of dwelling units and building area of
non-residential development should be tracked to enable the City to inform property owners,
developers, and decision -makers regarding the amount of remaining development capacity for
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pertinent Statistical Areas and individual parcels. This will facilitate the City's compliance with the
development thresholds and limits required by Charter Section 423.
11. CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
Overview
Chapter 20.90.050 of the Newport Beach Municipal Code requires that a project that is not exempt
from the California Environmental Quality Act (CEQA) shall be reviewed and either a Negative
Declaration or an Environmental Impact Report (EIR) shall be prepared. The City's Implementation
Procedures for CEQA are presented in the City Council Policy Manual, Policy "K.3." These specify
the activities that are subject to, not subject to, and exempt from CEQA; content and procedures for
Initial Studies, Negative Declarations, and Environmental Impact Reports; processes for consultant
assistance in the preparation of environmental studies and documents; fees for CEQA processing; and
authorities of the Planning Director.
In conformance with CEQA requirements, a "Program" EIR was prepared and certified for the
updated City of Newport Beach General Plan. Some of the provisions that might have been defined
as mitigation measures have been incorporated as policies of the General Plan, so that the
requirements are specified in one document.
The Program EIR is written to the level of specificity of the General Plan's Land Use Plan's goals,
policies, and programs. It may serve as a reference in the preparation of CEQA-required
environmental documents for implementation of the General Plan, subsequent Specific Plans, Precise
Plans, capital improvements, and other actions that are consistent with the General Plan.
Programs
Imp 11.1 CEQA Review Development and Entitlement Applications
Applications for entitlement and development in the City of Newport Beach shall be subject to review
in accordance with the City Council Policy Manual Implementation Measures for CEQA.
Environmental analyses shall include assessment of the project's consistency with General Plan
policies pertaining to each environmental topic under discussion. To the extent permitted by state law
and court decisions, the General Plan Program FIR can be used as citywide framework from which
project EIRs can be tiered. The Program EIR shall not be used for any project that is more intense
than, or inconsistent, with the General Plan.
12. FISCAL IMPACT ANALYSIS
Overview
A Fiscal Impact Model has been developed that documents the balance of costs of public services and
revenues to be derived resulting from the mix of land uses permitted by the General Plan. These are
assigned to each category of land use, single family residential, multi -family residential, retail
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commercial, and office development, for example. As the analyses conclude, the mix of uses is highly
inter -related and the fiscal benefits of individual land uses cannot be considered independently.
Programs
Imp 12.1 Evaluate Fiscal Benefits of Development Proposals and Annexations
Significant development projects and General Plan Amendments shall be evaluated for their net fiscal
impacts on the City of Newport Beach. This will use the Fiscal Impact Model developed for the
General Plan and identify all costs for public services and revenues to be derived. The City shall
decide the type, scale, and mix of uses that shall be subject to fiscal review.
Imp 12.2 Maintain and Update Fiscal Impact Model
To ensure that the Fiscal Impact Model continues to be a useful tool for evaluating development
proposals, annexations, and related actions, the City should maintain and regularly update the base
information in the model.
13. DEVELOPMENT AGREEMENTS
Overview
In accordance with Chapter 15.45 of the Newport Beach Municipal Code, development agreements
may be prepared as contractual agreements between the City and developers to provide assurances to
each parry regarding the uses to be entitled, rules of development, and public benefits of the
development project. The Code stipulates that a development agreement specify the duration of the
agreement, permitted uses of the property, density or intensity of use, maximum height and size of
proposed buildings, and provisions for reservation or dedication of land for public purposes, if
required. The agreement may include conditions, terms, restrictions, and requirements for subsequent
discretionary actions and may specify the riming and phasing of construction.
The uses and development standards specified by a development agreement must be consistent with
the General Plan and/or, where appropriate, Specific Plan and Local Coastal Program.
Programs
Imp 13.1 Process Development Agreements
For new master planned residential communities and large scale commercial and mixed-use projects,
the City and project developers may elect to enter into a development agreement. Such a tool may be
useful in guiding development that may be permitted on Banning Ranch if not acquired as open
space, development of residential villages within the Airport Area, and the integration of multiple uses
in West Newport Mesa. Development Agreements shall be required for housing developed as additive
infill on surface parking lots in the Airport Area and the additional entitlement of 450 housing units in
Newport Center and shall specify the public benefits to be contributed by the developer in exchange
for the City's commitment for the number, density, and location of the housing units.
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Governance
The Governance portion of the General Plan Implementation Program describes the institutional
processes through which key policy decisions related to land use development, capital improvements,
and resource conservation will be made and carried out.
14. INTERAGENCY COORDINATION
Overview
Implementation of the General Plan's goals and policies requires the cooperation and coordination of
the City with a diversity of local, state, and federal agencies and private and semi -private institutions.
The following summarizes many of the interagency coordination procedures directly related to the
General Plan's policies that are currently being carried out or anticipated in the short-term. These will
be supplemented by other ongoing programs and new strategies that will be defined during the life
span of the General Plan's implementation.
Programs
Imp 14.1 Adjoining Cities
The City of Newport Beach has established "borders committees" to collaborate with the cities of
Irvine, Huntington Beach, and Costa Mesa to address planning, development, transportation, and
other issues that jointly impact the communities. Newport Beach will also work with surrounding
jurisdictions and agencies to coordinate and test emergency preparedness and response plans.
Imp 14.2 Coordinate with School Districts
The City of Newport Beach and the school districts serving the City, including the Newport -Mesa
Unified School District, Santa Ana Unified School District, and Laguna Unified School District, shall
work together on the identification and acquisition of potential school sites and expansion of existing
facilities; monitoring and management of traffic conditions at school locations; CEQA-required
documentation for residential projects; and joint -use agreements for public recreational uses of school
properties.
Imp 14.3 Coordinate with Orange County
The City of Newport Beach and Orange County should continue to collaborate in numerous
programs affecting land use and development, affordable housing, transportation, infrastructure,
resource conservation, environmental quality, management of Newport Harbor and Upper Newport
Bay; and John Wayne Airport operations and improvement plans.
Imp 14.4 Coordinate with Orange County Transportation Authority (OCTA)
The Orange County Transportation Authority (OCTA) is a multi -modal transportation agency serving
Orange County. It is responsible for countywide bus and paratransit service, Metrolink commuter rail
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service, the 91 Express Lanes toll facility, freeway, street and road improvement projects, motorist aid
services, and regulation of taxi operations. Through the adopted Measure M, a voter -approved half -
cent sales tax for transportation improvements, OCTA allocates funding for specific transportation
improvement projects in three major areas—freeways, streets, roads and transit. OCTA also secures
funding for regional and local agencies from state and federal agencies. The City of Newport Beach
will implement General Plan policies by doing the following:
■ Working with OCTA to support the implementation of needed regional Master Plan
improvements that will benefit mobility within the City
■ Soliciting funding from OCTA for local transportation, transit, parking, bikeway, and other
related improvements as such revenues are available in the future
■ Periodically reviewing the adequacy of transit service in Newport Beach and coordinating with
OCTA to provide transit support facilities including park-and-ride lots, bus stops, shelters, and
related facilities
■ Coordinating with OCTA to establish or modify bus stop locations to provide adequate access
to local residents and to destinations for external uses, as well as efficient and safe traffic
operations
■ Requesting the OCTA to assess the need for the expansion of fixed -route service and efficient
transportation to future transportation facilities
■ Coordinating with OCTA to provide expanded summertime bus and/or shuttle service to
reduce visitor traffic
■ Coordinating with OCTA to provide programs to issue monthly bus passes locally and provide
special programs for subsidizing passes for the disadvantaged
Imp 14.5 State of California Department of Housing and Community Development
The California Department of Housing and Community Development (HCD) is responsible for the
certification of Newport Beach's Housing Element (see Development Management System above).
Each five years, the City shall update the Element based on input received from the HCD and
regional agency (Southern California Association of Governments) regarding the City's "fair share" of
regional housing demand. The focus of the update will be on the provision of adequate sites and
programs for affordable housing.
Imp 14.6 Coordinate with California Coastal Commission
The California Coastal Commission is responsible for the implementation of the California Coastal Act
of 1976. As described above (Development Management System), the City's Local Coastal Program's
(LCP) Land Use Plan (CLUP) had been certified at the time of the adoption of the updated General
Plan. The City shall work with the Coastal Commission to amend the CLUP to be consistent with the
General Plan and pursue certification of the Implementation Plan. The City shall ensure that on
certification, applications for development shall be reviewed by the City for consistency with the
certified LCP and California CoastalAct of 1976.
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Imp 14.7 Coordinate with the California Resources Agency, Department of Fish and
Game
The California Resources Agency Department of Fish and Game is responsible for the maintenance
of native fish, wildlife, plant species, and natural communities for their intrinsic and ecological value.
This includes habitat protection and maintenance in a sufficient amount and quality to ensure the
survival of all species and natural communities. The Department is also responsible for the issuance
of permits for lake and streambed alterations, incidental takes of state -listed species, in accordance
with the California Endangered SpedesArt, and near -shore fishery activity.
Implementation of the General Plan's policies for natural resource protection shall be achieved
through the City's consultation with the DFG in the review of projects that may impact terrestrial and
marine resources and identification of resource protection and impact mitigation measures, including
support for the DFG's efforts for habitat acquisition and restoration on Banning Ranch. The City
shall cooperate with the DFG and other agencies in implementing the eel grass restoration of
Newport Bay and programs for the protection and management of upper Newport Bay, including the
Newport Beach Marine Refuge, Irvine Coast Marine Life Conservation Areas, and Upper Newport
Bay State Marine Park.
Imp 14.8 Coordinate with the California Department of Parks and Recreation
The California Department of Parks and Recreation is responsible for the management of state parks
and beaches under its jurisdiction. In Newport Beach, this includes Corona del Mar State Beach and
Crystal Cove State Park. Cooperate in maintaining and expanding, where appropriate, recreational
opportunities along the coast and marine recreation related facilities.
Imp 14.9 Coordinate with the California Department of Transportation
The California Department of Transportation (Caltrans) is responsible for the planning, construction,
and maintenance of state highways and freeways, including SR 73 and Newport Boulevard (SR 55)
between Finley Avenue and the City boundary. Coast Highway in Newport Beach, excluding the
portion from Newport Coast Drive to Jamboree Road, is currently a state highway and Caltrans
maintains authority over its right-of-way and standards for improvements. The General Plan
recommends that the City discuss and negotiate with Caltrans for the relinquishment of Coast
Highway through the City as a State Highway and begin these discussions at the earliest possible time.
Imp 14.10 Transportation Corridor Agencies (TCA)
The Transportation Corridor Agency (TCA) oversees the San Joaquin Hills (SR -73) Toll Road. It is
governed by a Board of Directors made up of elected officials from cities and county districts that are
adjacent to the toll roads, whom are appointed by the respective cities. The San Joaquin Hills Toll
Road was built as a state highway, owned and maintained by Caltrans and the TCA is responsible for
public oversight, toll policies, operations, and financing. The City shall coordinate its local roadway
improvements that impact and are impacted by the Toll Road with the TCA.
Imp 14.11 California Public Utilities Commission
The California Public Utilities Commission (PUC) regulates privately owned telecommunications,
electric, natural gas, water, railroad, rail transit, and passenger transportation companies. Among its
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responsibilities is the coordination of funding for the undergrounding of overhead utilities. Newport
Beach shall work with the PUC in obtaining funding and implementing the undergrounding of
remaining overhead utilities.
Imp 14.12 Coordinate with United States Army Corps of Engineers
Among its responsibilities, the United States Army Corps of Engineers (USAGE) is responsible for
the protection of water resources, habitat, and hydrological processes in the "navigable waters" of the
United States. This encompasses wetlands, in addition to Newport Harbor and Bay.
Implementation of the General Plan's policies for natural resource protection shall be achieved
through the City's support of programs of the USACE, with other agencies, in the restoration of
wetlands and other habitat on Banning Ranch. The City shall cooperate with the USACE and other
agencies in implementing the eel grass restoration of Newport Bay and programs for the protection
and management of upper Newport Bay, including the Newport Beach Marine Conservation Area,
Irvine Coast Marine Life Refuge, and Upper Newport Bay State Marine Park. In addition, the City
shall coordinate with USACE in the maintenance and delineation of federal navigational channels for
navigation and safety in Newport Harbor and securing and funding sediment disposal sites for future
dredging projects.
Imp 14.13 Coordinate with United States Fish and Wildlife Service
The US Fish and Wildlife Service (USFWS) is responsible for conserving, protecting, and enhancing
fish, wildlife, and plants and habitats that are subject to federal jurisdictional authority within Newport
Beach. The City shall cooperate with the USFWS, in collaboration with other resource agencies, in the
protection of terrestrial and marine resources including wetlands and other important habitats on
Banning Ranch and supporting and implementing management of the Upper Newport Bay State
Marine Park and marine life refuges off shore of Corona del Mar and Newport Coast.
Imp 14.14 Coordinate with Environmental Protection Agency
The US Environmental Protection Agency (EPA) is responsible for protecting human health and the
environment. Other responsibilities include developing and enforcing regulations that implement
environmental laws enacted by Congress; cooperating with the US EPA, in collaboration with other
resource agencies, in the protection of terrestrial and marine resources; and working with the EPA to
secure sediment disposal sites for future dredging projects.
Imp 14.15 Coordinate with United States Postal Service
The United States Postal Service (USPS) maintains a distribution facility in Mariner's Mile. Newport
Beach should work with the USPS for the possible relocation of this postal distribution facility to
enable its reuse for parking or retail activity. The City should assist in the identification of potential
alternative sites that are accessible to residents and do not adversely impact neighborhood character.
Imp 14.16 Other Agencies.
There are numerous other agencies that have jurisdiction and/or are involved in the development,
capital improvement, and conservation programs of the City of Newport Beach. The following lists
some of these key agencies:
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■ Energy and telecommunications service providers such as Southern California Edison
Company and Southern California Gas Company
■ Santa Ana Regional Water Quality Control Board
■ Metropolitan Water District
■ South Coast Air Quality Management District
■ Southern California Association of Governments
■ California State Parks
■ National Marine Fisheries Service
15. ANNEXATION
Overview
Lands may be annexed into the City of Newport Beach with the approval of the Local Agency
Formation Commission (LAFCO) and registered voters within the area to be annexed or property
owners, based on land valuation, where there are no residents.
During the approval process the City must identify its intended zoning for the area, which must be
consistent with the General Plan; review of the environmental impacts of annexation; identify the
costs and adequacy of government services; evaluate the ability of the City to provide the services to
the annexed area and sufficiency of revenue demonstrated; and establish a program and compensation
defined for the transfer of existing facilities, such as parks and libraries, and capital improvements
from the County to the City.
A fiscal impact study should be conducted for any proposed annexation that identifies all costs of
services, the revenue to be derived, and the net effect on the City's overall fiscal balance. In practice,
this will be accomplished through the Fiscal Impact Model developed for the General Plan update.
Unincorporated lands within Newport Beach's sphere of influence should be considered for
annexation.
Programs
Imp 15.1 Encourage Annexation of Banning Ranch Prior to Development
The City shall work with the property owners to reach agreement on development of the property (if
it is not acquired as open space) with City approvals and its annexation into Newport Beach prior to
development, to assure that development is consistent with the goals and policies of the General Plan.
Public Infrastructure Plans
A diversity of public and quasi -public agencies is responsible for the provision of infrastructure and
services for Newport Beach's residents and businesses. These include agencies both under the
jurisdiction and independent of the City. Each is responsible for the planning and funding of
improvements to assure that existing and projected future needs of Newport Beach's residents are
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met. The General Plan provides information to each agency regarding the City's intended distribution
and density/intensity of future growth that should serve as the basis for the updating of Public
Improvement Plans that specify the type, amount, cost, and phasing of public improvements and
facilities necessary to support future population and employment development.
16. MOBILITY INFRASTRUCTURE AND TRAFFIC
MANAGEMENT
Overview
The City's Department of Public Works is responsible for the planning, engineering, and
improvement of streets throughout the City, except the portions of Coast Highway and Newport
Boulevard that are designated State Highways, State Route 73, and streets within gated residential
communities. It is anticipated that the City will assume responsibility for Coast Highway in the future.
Required improvements are reviewed annually, prioritized, and funded by the City's Capital
Improvement Program (CIP).
Programs
Imp 16.1 Improve Arterial Streets and Highways According to Classification
The City shall take the necessary actions to obtain the required right-of-way to provide the ultimate
cross sections for each type of roadway classification designated in the General Plan when adjacent
land development occurs.
Imp 16.2 Monitor Traffic Conditions and Plan for and Fund Improvements
The City shall monitor, design and manage roadway conditions and maintain streets. Periodically, the
City shall conduct traffic counts at key intersections and roadways (average daily traffic counts and
peak hour intersection counts). The City shall strive to maintain Level of Service "D" as specified in
General Plan policies. Street improvements in the City's Capital Improvement Program shall be
reviewed and updated regularly to meet and maintain the adopted traffic level of service standards and
be consistent with Measure M and State Congestion Management Program requirements.
Imp 16.3 Construct Street and Highway Improvements
The City shall construct necessary improvements to street intersections to attain acceptable Levels of
Service, as defined in the Circulation Element. These shall be implemented as needed based on the list
of impacted intersections included in the General Plan EIR, and also in accordance with development
project traffic impact studies. Intersections with improvements necessary for buildout conditions are
delineated on Figure CE -3 of the Circulation Element.
Imp 16.4 Monitor Roadway Conditions and Operational Systems
The City shall monitor and maintain City streets and thoroughfares. The City shall develop and follow
a schedule for periodic review of City streets with respect to pavement, signage, signalization, and
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comparable elements. If inadequacies are found, the City will perform or contract with a consultant to
perform maintenance of roadway features.
Imp 16.5 Maintain Consistency with Regional Jurisdictions
The City shall maintain consistency with regional jurisdictions (Caltrans, Orange County) to provide
adequate facilities including roadway infrastructure plans and design standards. The City shall work
with regional jurisdictions to modify regional plans (such as the Orange County Master Plan of
Arterial Highways) so that they are consistent with City plans. The City will also periodically review
City standards to ensure they remain up-to-date and consistent with regional standards as new
standards are adopted.
Imp 16.6 Local/Neighborhood Access Roads
The City shall undertake studies of residential neighborhoods on a case by case basis to identify local
circulation patterns and principal access points in order to assess the opportunities and needs to
restrict, divert, or mitigate arterial traffic intrusion. Such studies should include an assessment of the
traffic impacts on the entire neighborhood and the participation of neighborhood residents to prepare
a consensus plan of neighborhood traffic control. In addition, the City shall maintain standards that
ensure safe and efficient access for emergency vehicles to residential, commercial, and industrial areas.
Imp 16.7 Traffic Control
Traffic congestion shall be reduced through reasonable methods utilizing conventional and innovative
methods for traffic control. Traffic signal timing standards, in addition to serving drivers, should
adequately provide for pedestrian crossings. Traffic signal interconnect systems shall be maintained
and upgraded to efficiently coordinate and control traffic flows on arterial streets. The City shall
identify and incorporate intelligent transportation systems as a logical method to improve peak hour
traffic flow.
The special issue of summertime traffic should be monitored and evaluated periodically. The City
should continue to evaluate and implement, if appropriate, summertime traffic control measures
and/o alternative transportation modes to reduce the impact of high volume summer traffic.
Imp 16.8 Provide Public Transportation
The City shall continue to operate local demand -responsive transit service within the City to ensure
mobility and accessibility for the City's citizens, especially the elderly. The City shall also work with
the Orange County Transportation Authority for countywide bus service that will guarantee regional
and local travel options. The City should encourage the development of additional public
transportation services and facilities such as park-and-ride facilities, and look for opportunities to
support the upgrade and enhancement of existing services.
Imp 16.9 Manage Truck Operations
Maintain and enforce a system of truck routes on specified arterial streets to control trucking and
delivery operations within the City. Periodically review the truck route system and make changes as
required to ensure that it adequately serves the City and protects areas of the City from truck traffic
intrusion. Work with regional agencies as they continue to assess goods movement in Orange County.
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Imp 16.10 Improve Parking Supply and Management
Parking Management Programs shall be considered for commercial and residential areas of the City
with inadequate parking, such as Corona del Mar and the Balboa Peninsula. This may consider the
development of public parking lots or structures, street parking permitting, valet programs, and
similar techniques as feasible. Existing public parking lots should be evaluated for their accessibility,
utilization, and proximity to the uses they support. Possible relocation should be considered where
they do not effectively support surrounding land uses.
Funding for public parking facilities may be derived from the establishment of parking districts,
supported by local businesses and organizations, including Business Improvement Districts. In -lieu
fee programs shall be considered to fund the development of public parking.
The City shall work with commercial, office, and institutional property owners to encourage the use
of parking areas on weekends and holidays in conjunction with transit services.
Imp 16.11 Maintain Trails
Newport Beach should continue to develop and maintain non -motorized transportation systems as a
viable alternative to vehicular travel and to help satisfy local recreational needs, and should include
trails and facilities that traverse the citywide area. A system of route designations for bicycles,
equestrians, and pedestrians, as well as support facilities shall be maintained in cooperation with
adjacent jurisdictions, where appropriate.
Imp 16.12 Marine Transportation
The City shall conduct a study to evaluate the feasibility of marine transportation services as a
supplement to automobile use. Marine transportation docking, buildings, and support facilities such as
parking throughout the coastal areas of the City shall be evaluated and modified as necessary and
feasible to coordinate with the surrounding transportation system.
17. WATER
Overview
Water service in the City of Newport Beach is provided by the City, Irvine Ranch Water District, and
Mesa Consolidated Water District. Each agency maintains master plans for services, facilities,
maintenance, and improvements necessary to support existing and projected population growth and
development. Conservation practices and requirements to meet regional, state, and federal water
quality regulations are included within the respective plans. Each agency maintains a capital
improvements program for the provision of water system improvements, special projects, and
ongoing maintenance. Water demands are monitored and periodically the plans are updated to
account for any service issues and regulatory changes.
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Programs
Imp 17.1 Maintain and Implement Urban Water Management Plans and Encourage
Conservation
Information regarding the General Plan's development capacities shall be forwarded by the City to the
Irvine Ranch Water District and Mesa Consolidated Water District as the basis for their consideration
of the adequacy of existing and planned improvements to meet the needs of existing and future
populations. Required facility improvements shall be budgeted by each agency, including, where
appropriate, the City's five year and annual Capital Improvement Programs.
Strategies to promote the conservation of water should be periodically reviewed for their effectiveness
and updated in the plans to reflect best management practices. These may include tiered rates, the use
of recycled water, incentives for on-site capture and retention of rainwater in private development,
and comparable techniques. In addition, the water agencies should consider the potential use of
alternative water sources for the water supply by implementation of advanced water treatment
processes, when feasible.
18. SEWER
Overview
Sanitation service and sewerage in the City of Newport Beach are provided by the City, Irvine Ranch
Water District (IRWD), and Costa Mesa Sanitation District (CMSD). Each agency maintains master
plans for services, collection and treatment facilities, maintenance, and improvements necessary to
support existing and projected population growth and development. Wastewater from these service
areas, as well as greater Orange County, is collected, treated, and disposed by the Orange County
Sanitation District (OCSD).
Programs
Imp 18.1 Maintain and Implement Sewer Master Plan
Information regarding the General Plan's development capacities shall be forwarded to the IRWD,
CMSD, and OCSD as the basis for their consideration of the adequacy of existing and planned
improvements to meet the needs of existing and future populations. These master plans should review
the adequacy of facilities in areas in which new growth or substantive changes in use are targeted.
Required facility improvements shall be defined and budgeted by the respective agencies, including
the City's five year and annual Capital Improvement Programs.
19. STORM DRAINAGE
Overview
Storm drainage systems in the City of Newport Beach are maintained by the City, Orange County, and
local community associations. In general, the County is responsible for maintaining the regional flood
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control system, while the City is responsible for local improvements, excepting Newport Coast.
Drainage improvements are coordinated between the City's Public Works Department and County's
Public Resources and Facilities Department. Each maintains master and capital improvement plans
for storm drainage improvements, special projects, and ongoing maintenance. These must also
conform to regional, state, and federal regulatory requirements, including controls of the discharge
from municipal storm sewer systems.
Programs
Imp 19.1 Maintain Storm Drainage Facilities
The City and County shall periodically review their Storm Drain Master Plans to assure that adequate
facilities are provided to serve permitted development and to comply with National Pollutant
Discharge Elimination System (NPDES) requirements.
20. PUBLIC STREETSCAPE IMPROVEMENT PLANS
Overview
The City has completed streetscape improvements for Balboa Village and Corona del Mar, including
street trees and plantings, medians, decorative paving materials, lighting, and benches. Specific Plans
for other areas and General Plan policies provide for the implementation of additional streetscape
improvements.
Programs
Imp 20.1 Design, Fund, and Construct Streetscape Improvements
For areas designated by the General Plan to achieve an active pedestrian environment or
improvement of their image and quality, design plans and financing plans should be prepared for the
appropriate streetscape improvements. These may include the Airport area's residential villages,
Mariner's Mile, West Newport Mesa, and West Newport (highway), as well as a comprehensive plan
for Balboa Peninsula that links its districts along Newport/Balboa Boulevard from Lido Village to
Balboa Village. Where the public streetscapes are integral to new residential and mixed-use
neighborhoods, their implementation shall be the responsibility of private developers, in conformance
with legislative nexus requirements. For other areas, funding may be derived from fees imposed by a
local business improvement district, capital improvement funds, and other sources.
Imp 20.2 Design, Fund, and Construct Waterfront Promenade
The planned waterfront promenade on Newport Harbor should he designed, sources of funding
identified, and constructed as feasible. Where private properties are redeveloped, promenade
improvements shall be integrated with the new construction and be the responsibility of the
developer.
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Imp 20.3 Fund and Construct Public View Sites
The City shall develop a plan for the development of public view sites and amenities specified by
Policies NR 20.3 and 20.5. The location, types, and of improvements and a financing plan shall be
specified, which may include such elements as observation decks or plazas, benches, markers and
signage, telescopes, lighting, and landscape.
21. HARBOR RESOURCES PLANNING AND
MANAGEMENT
Overview
The City's Harbor Resources Division is responsible for tidelands administration including
management of pier and mooring permits, harbor dredging, pumpout stations, Balboa and Corona
Del Mar parking lots, Marine Life Refuge, Balboa Yacht Basin, harbor debris pickup, and mooring
liiveaboards.
Programs
Imp 21.1 Review and Update Harbor and Tidelands Improvement Plans
The Harbor Resources Division shall review its goals and policies to assure that the plans, proposed
improvements, and operations for the Harbor and tidelands are consistent.
Imp 21.2 Develop Harbor Area Management Plan
Develop a harbor area management plan (RAMP) that provides a comprehensive approach to the
management of Newport Bay's resources, including restoration of marine habitats such as kelp beds
and fisheries, and boat anchorages, marinas, and other development activities. Improvements in the
Harbor shall be located and designed to facilitate boating and other coastal recreational activities,
while protecting important marine habitats, prevent water pollution, maintain the Harbor's hydrologic
functions, protect coastal landforms and dunes, minimize sand transport, and be compatible with
adjoining residential neighborhoods. This will require coordination with the Orange County Harbors,
Beaches, and Parks Department and Harbor Patrol Division and U.S. Army Corps of Engineers
relative to their respective jurisdictions.
Among the improvements that shall be considered is the identification of an area that can support
Harbor maintenance facilities and equipment. This shall be coordinated with the Orange County
Harbor Patrol Division, California Coastal Commission, and other jurisdictional agencies. In addition,
the Division shall review procedures for the transfer of mooring titles to assure their equitable use.
Imp 21.3 Events Management and Programs
The City shall continue to coordinate Harbor event planning in collaboration with the Harbor
Commission and Orange County Harbor Patrol. Special operating standards shall be established for
the Christmas Boat Parade and other activities that are seasonal, recurring, and unique to the Harbor,
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but which may require special controls on access, parking, noise, and other factors to minimize
impacts on residential and other users.
The City shall review the need to require vendors to provide a safety program that educates boaters
and property owners on safe boating and berthing practices. The program could be integrated with
permit/lease enforcement to protect the public health and safety and the rights of other users and
owners/lessees.
The City shall continue to work with various community and business associations such as the Balboa
Village Merchants and Owners Association, Mariner's Mile Business Owners Association, and the
Newport Pier Association as well as the vessel owners/operators to provide for the parking needs of
the patrons of sportfishing boats, passengers and sightseeing vessels, and boat rentals.
Imp 21.4 Harbor Operations and Management
The City shall prepare and fund a joint City/County study that will evaluate the costs and efficiency of
current services provided by the City and County in Newport Harbor and opportunities to realign
these to reduce costs.
Public Service Facility Plans
Agencies responsible for the provision of public services for Newport Beach's residents and
businesses shall maintain plans and fund improvements to assure that they adequately meet existing
and projected future needs. The Public Facilities Plans shall specify the type, amount, cost, and
phasing of public improvements and facilities that will support existing land uses and growth
accommodated by the updated General Plan.
22. POLICE AND FIRE
Overview
The Newport Beach Police and Fire Departments provide public safety services to the City's
residents, business, and visitors. Until such time that Banning Ranch may be annexed, police and fire
services will be primarily provided by the Orange County Sheriff's Department and Orange County
Fire Authority respectively, although the City will continue to provide response services through
established mutual aid agreements.
Programs
Imp 22.1 Maintain and Enhance Police and Fire Facilities
The City of Newport Beach Police and Fire Departments shall maintain, periodically update, and
implement their plans for facilities, equipment, and personnel to provide service to the community.
On annexation of new areas, police and fire service responsibilities would be transferred to the City.
The Police and Fire Departments shall monitor their operations, emergency response times, and
number of incidents (rates of crime and fire calls) and periodically review the need to expand existing
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and/or construct new facilities to assure an acceptable level of service. Physical improvements shall be
incorporated in the City's CIP.
23. PARKS AND RECREATION
Overview
The Newport Beach Recreation and Senior Services Department and General Services Department
are responsible for the development and operation of public parks in the City of Newport Beach.
These encompass parks, greenbelts, beaches, and community centers, as well as joint use of public
school grounds. In addition, the county and state own and operate four recreational facilities in the
City. The City collects fees and/or requires dedication of land for parks in accordance with the _Quimby
Act, based on the standard of five acres of park for each 1,000 residents. The City oversees the
development of new and improvement of existing parklands and facilities. The Recreation Element of
the General Plan identifies specific needs for service areas throughout the City. Banning Ranch is the
single largest property available for the development of a new park, should it be annexed to the City.
In most other cases, new parklands will occur within the fabric of existing development.
Programs
Imp 23.1 Maintain and Update Parks and Recreation Facility Plans
The City shall maintain, periodically update, and implement its plans for the development, operation,
programming, and maintenance of its system of parks throughout the City. Resident recreational
needs should be monitored on a continuing basis to correlate these with park facilities and
recreational programs.
Once each five years, the City should comprehensively review the status of its park system and assess
the need for improvements, including new or renovated facilities. These shall be prioritized and a
funding program defined for their implementation. Park users and the community shall be involved in
identifying and prioritizing the improvements.
Imp 23.2 Maintain and Improve Parks and Recreation Facilities
Through the CIP and development approval process, the City shall implement the park
improvements specified by the Recreation Element. Parks should be designed in consideration of
their adjoining land uses, particularly to prevent impacts on residential neighborhoods due to lighting,
noise, site access, and parking and minimize lighting impacts on any adjacent habitat areas. Facilities
shall be designed and properties landscaped to complement the quality of the neighborhood in which
they are located. Additionally, the City shall consider assisting Orange County with the management,
operation, and maintenance of Upper Newport Bay Ecological Reserve, including the Peter and Mary
Muth Center.
Imp 23.3 Assess Recreation Needs
Periodically, the City shall evaluate the recreation needs of Newport Beach's residents. Existing
programs should be reviewed and scored according to their adequacy and programs desired by
residents but not currently or inadequately provided should be identified. This may be accomplished
Newport Beach General Plan RM
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through surveys of park users, homeowner organizations, and other residents. Results of the survey
would be used defining future programs to be provided at local parks and beaches.
Imp 23.4 Maintain Recreation Programs for Newport Beach's Residents
Recreational programs will be provided to serve the needs of Newport Beach's residents as identified
by the needs assessment and prioritized by the Parks, Beaches, and Recreation Commission.
Periodically the City shall review and update as necessary its fees for recreation programs to assure
that they are adequate to cover ongoing costs. This may include a comparative assessment of the fees
imposed by other jurisdictions.
Imp 23.5 Requirements for Residential Developers
As new residential developments are approved, requirements for parkland dedication, improvements,
or the provision of in -lieu fees in accordance with the park dedication (Quimby) ordinance shall
continue to be implemented.
Public Services and Programs
Services to support the needs of the City of Newport Beach's residents, businesses, and visitors are
provided by a diversity of City departments, other public agencies, and private organizations. The
following summarizes the principal programs that implement the General Plan's policies. These do
not encompass all of the programs that are administered by each department or agency, which may
include other activities unrelated to the Plan's policies. Inherently, the scope of these programs will
change often during the General Plan's implementation due to evolving needs and available funding.
The list of programs in this section should be reviewed and updated regularly.
24. ECONOMIC DEVELOPMENT
Overview
The City of Newport Beach administers programs to promote economic activity within the City to
maintain a healthy economy, provide revenue for high quality municipal services and infrastructure
maintenance and improvements, and preserve the City's unique commercial villages. The City
Council's policy states that these will serve the overriding purpose of protecting the quality of life of
Newport Beach's residents, in recognition of the balance of economic development objectives with
the protection of the environment and health and safety of the community.
Priority improvement areas include Mariner's Mile, Corona del Mar, Balboa Village, West Coast
Highway, Lido Village, Cannery Village, and McFadden Square. To achieve these, Council policy
established the Economic Development Committee (EDC), which places a priority on cooperative
relationships with the Chambers of Commerce, Conference and Visitors Bureau, Building Industry
Association, Business Improvement Districts, other business groups, and individual business and
property owners.
Newport Beach General Plan
31
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Programs
The economic development implementation actions below summarize the principal components of
the Economic Strategic Plan prepared as a companion piece to the General Plan. The reader should
refer to that document for more information.
Imp 24.1 Adopt and Implement Strategic Plan for Fiscal and Economic Sustainability
The Economic Development Committee should complete the Strategic Plan for Economic
Sustainability for City Council approval. This plan should outline the incentives to be provided and
other City actions to be undertaken to implement the goals and policies of the General Plan. This plan
should be dynamic and reviewed and updated annually as a part of the City budget.
25. HOUSING PROGRAMS
Overview
Newport Beach's Planning Department administers a number of policies and programs identified in
the Housing Element that promote the preservation, conservation, and improvement of housing
within the community; support the development of a variety of housing for all economic segments;
support the needs of special needs households and existing homeowners; preserve existing affordable
housing; and support equal housing opportunities for all residents.
Programs
Imp 25.1 Implement Housing Element Programs
As required by state law, the Housing Element includes a five-year action plan with programs for the
City to meet its goals for housing conservation, development, affordability, and access. The City shall
implement these programs and update its Housing Element as required by state law.
26. CODE ENFORCEMENT
Overview
The City of Newport Beach enforces Building and Zoning Ordinances to assure the protection and
preservation of public health and safety, residential neighborhood character, and the overall quality of
life for Newport Beach's residents.
Programs
Imp 26.1 Enforce Codes and Ordinances
Newport Beach shall continue to administer health and safety, zoning, and other codes and
ordinances that implement the General Plan While enforcement procedures normally occur on a
complaint basis, the City may consider the appropriateness of pro -active inspection of areas of the
Newport Beach General Plan
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City in which there has been a high frequency of prior complaints. Among the purposes for which
this may be initiated by the City are the removal of illegal signs and control of retail commercial,
restaurant, entertainment, and comparable uses that directly abut residential neighborhoods.
27. PROPERTY MAINTENANCE AND ENHANCEMENT
Overview
While code enforcement is the primary tool used by the City to assure compliance of private property
owners with Newport Beach's codes and regulations, there are a number of other programs directed
at property maintenance and improvement.
Programs
Imp 27.1 Seismic Compliance
The City shall support and encourage the seismic retrofitting and strengthening of essential facilities,
especially facilities that have been constructed in areas subject to ground rupture, high levels of earth
shaking, and tsunami. The retrofitting of unreinforced masonry buildings during remodels to
minimize damage in the event of a seismic or geologic hazard shall continue to be required.
28. EMERGENCY PREPAREDNESS AND RESPONSE
Overview
The City of Newport Beach Police and Fire Departments maintain programs for emergency
preparedness, response, and recovery.
Programs
Imp 28.1 Maintain Hazards Data Base
The Police and Fire Departments shall maintain data bases regarding the type and occurrence of
criminal activities and natural hazards (e.g., tsunami inundation, wildfire hazards, flooding, seismic,
landslide, subsidence, and other) that may impact the City as the basis for the planning of facilities,
personnel assignments, and emergency response programs.
Imp 28.2 Maintain Emergency Preparedness, Response, and Recovery Programs
The Police and Fire Department shall maintain, and periodically update, and implement their plans for
emergency preparedness, response, and disaster recovery. This shall include cooperative and mutual
aid agreements with adjoining jurisdictions, the County of Orange, and state and federal agencies and
participation in disaster simulations.
Newport Beach General Plan
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29. COMMUNITY INVOLVEMENT
Overview
Newport Beach provides opportunities for its residents and businesses to be engaged in its culture
and life through education about community services, programs, and initiatives and participation in a
diversity of community events. Additionally, numerous opportunities are provided for public input
and advice in the City's decision-making processes through the diversity of appointed boards,
commissions, and committees. Among these are the Board of Library Trustees; City Arts
Commission; Civil Service Board; Parks, Beaches, and Recreation Commission; Planning
Commission; Harbor Commission; Aviation Committee; Economic Development Committee;
Coastal/Bay, Water Quality Citizens' Advisory Committee; Environmental Quality Affairs Citizen
Advisory Committee; Newport Coast Advisory Committee; and, constituted for the purposes of the
updated General Plan, the General Plan Advisory Committee. Additional committees may be formed
for limited or extended time periods to address specific issues. These boards, commissions, and
committees and City Council meetings provide opportunities for public input at any of their meetings,
in conformance with state law.
Programs
Imp 29.1 Educate the Community
The City shall continue to make information available to inform residents and businesses within the
City regarding its services, programs, and key community issues. Representative of the range of
information that may be presented include: land use zoning and development processes; development
fees; code compliance; property and building maintenance and improvement techniques; financial
assistance and affordable housing programs, public transportation; ride -sharing, energy conservation
methods, waste reduction and recycling programs; hazards and emergency/disaster preparedness,
evacuation, and response protocols and procedures; natural resources and their value; educational and
cultural events and venues; parks and recreation, health and safety, and seniors and youth programs;
and access to government services and elected officials. This information may be presented in flyers
and newsletters that are distributed to households in the City, on the City's Web Page, by cable
television broadcasts, in workshops with homeowners associations and business organizations; and
general community presentations and workshops.
Imp 29.2 Support of the Arts, Culture, and Historic Resources
The City shall continue to work with the Arts Commission and local community groups and
organizations to incorporate donated or privately funded arts elements and exhibits in public buildings
and facilities such as City Hall and the Central Library. The City shall also work with local groups
advocating for the preservation of historic sites and buildings. Procedures for the review of
modification and/or demolition of these resources shall be defined.
Imp 29.3 Support Community Environmental and Recreation Initiatives
The City shall support private groups' efforts to (a) acquire properties and their development for the
Orange Coast River Park including the potential acquisition of Newport Beach's westernmost parcel,
currently developed as a mobile home park, to be completely or partially re -developed as a staging
Newport Beach General Plan
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area for the park; and (b) acquire Banning Ranch as open space and the restoration of its wetlands and
habitats.
Financing
The financing strategy defines the sources and uses of funds for the public improvements and services
described in the Public Improvement Plans and Public Services Programs. In addition to those
defined herein, any development specific plan will incorporate a detailed financing plan as stipulated
by state law.
30. MUNICIPAL BUDGETING
Overview
The General Fund is the portion of Newport Beach's operating budget that funds the majority of City
services. This fund is used to account for fiscal resources which are dedicated to the general
government operations of the City. Examples of the services funded by the General Fund include
Police and Fire Services; Refuse Collection; Public Library; Recreation Programs; much of the City's
expenditures on street maintenance; Planning and Building, and Engineering services; as well as the
general administration of the City. In addition, many Capital Improvements are funded by the General
Fund.
The General Fund and its activities are primarily supported by property, sales, and transient
occupancy taxes. In addition, the other revenue sources supporting General Fund activities include:
Licenses, Fees and Permits; Intergovernmental Revenues; Charges for Services; Fines, Forfeitures and
Penalties; Revenue from the Use of Money and Property; Contributions; and Other Miscellaneous
Revenue. By far, the City's largest revenue source is property taxes. The second largest single revenue
source is Sales Tax, followed by Transient Occupancy Tax.
Programs
Imp 30.1 Maintain Annual Budgets for City Services and Improvements
The City shall annually budget for the provision of services to Newport Beach's residents and
businesses. This shall define their costs, sources of revenue, and estimates of revenues to be received
including any necessary changes in fees. As part of the budget, the City will adopt a Capital
Improvement Plan (CIP) that provides funds for capital facilities including arterial highways; local
streets; storm drains, bay and beach improvements; park and facility improvements; water and
wastewater system improvements; and planning programs.
Imp 30.2 Administer Impact and User Fees
a. Development Impact Fees
The City imposes fees on development projects to provide revenue for required supporting public
infrastructure and services, and mitigation of transportation, environmental and other impacts in
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accordance with state nexus legislation. This includes fees imposed for transportation improvements
by the Fair Share Traffic Contribution Ordinance. For development projects that contain low and
moderate income housing, the planning fees may be waived at the discretion of the City Council and
Planning Commission. Development fees will be evaluated annually to ensure that they are sufficient
to support new infrastructure and that the fiscal balance of the developing land use mix can sustain
the City' ability to operate and maintain the existing infrastructure.
b. Park Dedication and In -Lieu Fees
The City requires dedication of land, payment of fees in -lieu thereof, or a combination of both for
park or recreational purposes in conjunction with the approval of residential projects. In -lieu fees are
placed in a fund earmarked for the provision or rehabilitation of park and recreation facilities that can
serve the subdivision. The City's park fees shall be reviewed periodically for their adequacy and
updated as necessary.
c. Tideland Revenue Fees
The City derives revenue from a diversity of activities conducted in the tidelands including moorings,
public mannas, piers, entertainment boat permits, property leaseholds, and other uses. The feasibility
of implementing longer term tideland leases with rental rates that reflect the nature and intensity of
the permitted uses and activities and security for funding enhanced or expanded facilities should be
studied. Tideland revenues shall be restricted for expenditures within the designated tidelands.
31 COMMUNITY FACILITIES AND SPECIAL ASSESSMENT
DISTRICTS
Overview
Assessment districts are established for the funding of streets, water, sewerage, storm drainage,
schools, parks, and other infrastructure and services required to support development. Costs are
distributed and fees assessed on all development in the district. When applied to developed properties,
a vote of the property owners is required for implementation.
Actions
Imp 31.1 Consider the Establishment of Community Facilities and Special Assessment
Districts
The establishment of new Community Facilities and Special Assessment Districts shall be considered
as necessary to support new development in the City. This would most likely be limited to areas in
which extensive redevelopment is projected and for large vacant parcels that may be developed.
Respectively, these may include development of residential villages in the Airport Area and West
Newport Mesa and a mixed-use community in Banning Ranch should it not be acquired as open
space. Additionally, the City may form and implement Lighting and Landscape Districts as a means to
improve community character and the undergrounding of utilities.
Newport Beach General Plan
Attachment No. PC 2
General Plan Annual Status Report: Part 1.
General Plan Implementation Programs;
and Part 2. Housing Element Annual
Report
1
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL STATUS REPORT
2017 Calendar Year
PART 1. GENERAL PLAN IMPLEMENTATION PROGRAMS
Consistent with Government Code Section 65400 and General Plan Implementation Program Imp 1.3, the General Plan
Annual Status Report was prepared using guidelines set forth by the California Office of Planning and Research and
provides information for decision makers on the status of the General Plan and progress on implementation during the
2017 calendar year. The 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). Included in the General Plan is an
Implementation Program (Chapter 13) that includes specific programs to carry out the goals and policies of the General
Plan. This report evaluates and provides the status of the General Plan provided organized by each implementation
program.
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1.1
Ensure that Private
Ongoing
Development and Capital
Improvements are
1. All private development projects require consistency with the General Plan. Consistency is
Consistent
ensured through application of zoning requirements. Discretionary applications require the
with the General Plan
adoption of a finding that the project is consistent with the General Plan based upon facts.
2. In June 2017, the City Council confirmed that the 2017-2018 Fiscal Year Capital
Improvement Program (CIP) was consistent with the General Plan when it approved the CIP
with the adoption of the budget.
1.2
Update and Revise the
Ongoing
General Plan to Reflect
Changing Conditions and
The General Plan was comprehensively updated in 2006. Staff reviews the General Plan on an
Visions
ongoing basis to ensure it is maintained to reflect current conditions, issues, and visions.
1.3
Prepare Annual General
Pending for 2017
Plan Progress and Housing
Element
Annual Report for 2016 was reviewed by City Council and submitted to OPR and HCD in April
Implementation Reports
2017.
2.1
Amend the Zoning Code for
Complete
Consistency with the
General Plan
Comprehensive Zoning Code Update, consistent with the General Plan, was adopted by City
Council in October 2010.
3.1
Preparation of New Specific
Ongoing
Plans
Within the Airport Area, Uptown Newport and Koll Center also elected to do a Planned
Community Development pursuant to Program 4.1. The streetscape improvements for West
Newport and Balboa Village are intended to create a unified theme as public and private
improvements are implemented in the area.
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4.1 New "Planned Community"
Ongoing
Development Plans
1. Uptown Newport — Approved February 2013, the Uptown Newport Planned Community (PC)
was created (formally a part of the Koll Center Planned Community) to specifically serve as
a zoning document for the construction of up to 1,244 residential units, 11,500 square feet of
retail commercial, and 2.05 acres of park space. The Uptown Newport PC requires densities
between 30 du/acre and 50 du/acre, consistent with the densities of the General Plan, and
allows additional density opportunities with a density bonus. The construction of the first
phase is underway with the building permits for the construction of 455 apartment units
including 91 affordable units were issued in May 2017.
2. Koll Center Newport — Development of 260 for -sale condominium units. The application is
currently under review by the City.
3. Back Bay Landing - A proposed integrated, mixed-use waterfront village on an approximately
7 -acre portion of a 31.5 -acre parcel located adjacent to the Upper Newport Bay in the City of
Newport Beach. The proposed project involves land use amendments to provide the
legislative framework for future development of the site, including a Planned Community
Development Plan (PCDP) that provides the zoning regulations for the site. The requested
approvals would provide for recreational and marine commercial retail, marine office, marine
services, enclosed dry stack boat storage, and limited mixed-use structures with residential
uses above the ground floor. The PCDP was adopted by the City Council on April 26, 2016.
The project applicant anticipates submitting applications for Site Development Review and
Coastal Development Permit for the actual development in late 2018.
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5.1
Review and Revise Coastal
Complete & Ongoing
Land Use Plan for
Consistency with the
The Coastal Land Use Plan (CLUP) was amended to be consistent with the 2006 General Plan
General
in 2009.
Plan
When the City approves an amendment of the General Plan that affects property in the coastal
zone, the City prepares necessary amendments of the CLUP. The General Plan amendment is
held in abeyance until the corresponding CLUP amendment is certified by the California Coastal
Commission and accepted by the City Council.
6.1
Review the Subdivision
Complete
Ordinance for Consistency
with the General Plan
The Subdivision Code was updated in 2009 and 2010 to implement the General Plan Policy.
7.1
Review Building and
Ongoing
Construction Code for
Consistency with General
The Building Code is updated to be consistent with the California Building Code and the General
Plan
Plan. The 2017 California Building Code was adopted by the City in late 2017, and was effective
starting January 2018, as required by State Law.
7.2
Revise Fair Share Traffic
Pending
Contribution Ordinance
The completion of updating the Fair Share Traffic fee has been put on hold until direction is
determined regarding various iterations proposed by the General Plan/LCP Implementation
Committee, project consultants and interested parties such as the Building Industry Association
of Orange County.
7.3
Review and Update
Complete
Transportation Demand
Ordinance
The Transportation Demand Management Ordinance was reviewed and updated as a part of the
comprehensive Zoning Code Update in 2010. It is provided as Section 20.44 in the Zoning
Code.
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Ordinances for Consistency
with the General Plan and
Update Periodically (a.
through d. are specifically
recommended)
STATUS
Complete & Ongoing
Codes and Ordinances are revised for consistency with
basis. The Zoning Code was comprehensively updated
updated in 2009 and 2010 for consistency with the
Implementation Measure are italicized)
5
the General Plan on an as- needed
in 2010, and Subdivision Code was
General Plan. (sections from the
a. Requirements for live -aboard vessels pertaining to the integrity, quality, and safety of Harbor
uses, environmental protection, and impacts on the public, waterfront owners/lessees, and
adjoining properties — Pursuant to NBMC Section 17.40, Harbor Resources will conduct vessel
inspections annually and implement regulations including the maximum number of renewable
annual permits.
b. Regulation and transfer of mooring permit applications and titles — Managed by the City's
Harbormaster's Office on an ongoing basis. Anticipated adoption by City Council of updated
regulations is Spring 2018.
c. Standards for the design and siting of bulkheads, pier, and similar structures to address their
potential visual impacts — The City Council approved updated harbor standards in 2017. Aside
from general clarifications, the standards increased the required height of bulkheads to +10
Mean Low Low Water (MLLW).
d. Standards and policies specified by the Noise Element to protect sensitive noise receptors,
residents and businesses from unwanted noise impacts from traffic, JWA operations,
construction activities, truck deliveries, special events, charter and entertainment boats, and
similar sources — Reviewed and implemented on an ongoing basis through project review
consistent with the Airport Land Use Environs Plan (AELUP), Code Enforcement, Harbor
Resources, and Building Inspectors.
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8.2 Prepare New Codes, Ongoing
Ordinances, and Guidelines
(a. through d. are The comprehensive Zoning Code update was adopted in November 2010, by City Council.
specifically recommended) (sections from the Implementation Measure are italicized)
a. A "commercial -residential" interface ordinance that regulates use, activity, and design of
commercial properties located on shallow parcels directly abutting residential neighborhoods -
The Zoning Code includes development standards that address the commercial and residential
interface to minimize potential land conflicts.
b. Design guidelines for the renovation or reconstruction of housing in existing neighborhoods to
assure that they complement the character of existing development; these may be applied to
specific neighborhoods or citywide — Section 20.48.180 Residential Development Standards and
Design Criteria of the Zoning Code provides residential design standards to promote
neighborhood compatibility.
c. An ordinance or guidelines for the preservation of historic buildings and/or properties; this
shall be developed in consideration of guidelines published by the State Historic Preservation
Office — Staff continues to review projects subject to CEQA to address historic preservation. An
ordinance has not been prepared at this time.
d. An ordinance managing parking in commercial and mixed-use corridors and districts
characterized by deficient parking; this may provide for the establishment of parking districts in
which new parking may be developed in public or private shared facilities or structures or other
facilities, as well as procedures for the funding of these improvements — In 2016, the City kicked
off development of the Mariners' Mile Revitalization Master Plan which is expected to include
strategies to better manage parking in the area. The Mariners' Mile Revitalization Master Plan
and the draft Master Plan will be pursued following the comprehensive General Plan update,
scheduled to begin in 2019. See Program 16.10 for an update on Balboa Village parking.
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9.1
Review City Council Policy
Ongoing
Manual for Consistency
with the General Plan
In 2017, City Council Policies H-6, F-10, F-1, and A-19 were amended. In August 2017, all of the
City Council Policies were reviewed as part of an annual review. In the review, the City Council
provided direction to staff and the City's Finance Committee to review the Finance "F" Policies
for future City Council consideration; provided direction to staff and the Harbor Commission to
review the Harbor and Beaches "H" Policies for future City Council consideration; and provided
direction to staff and the Planning Commission to review the Public Works/Traffic/Utilities "L"
Policies for future City Council consideration. Per the City Council's direction, a subcommittee
was created by the Planning Commission and was tasked with reviewing the L -Council Policies.
The review will be complete in 2018.
10.1
Maintain Up -to -Date
Ongoing
Comprehensive Database
(Data such as built land use
The City's Geographical Information System (GIS) data is updated regularly to provide up to
and traffic
date parcel -specific information including specific lot information (agreements), planning (zoning,
should be updated on a
land entitlements, building, code enforcement, environmental layers, general information
continuing basis, while data
(contours, assessor, easement, etc.), general services, harbor, hazards including flood and
that is stable, such as
seismic, fire, police, public works, parking, street and utilities. New layers are added whenever
seismic hazard zones, can
necessary and appropriate.
be updated on a less
frequent basis
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10.2
Maintain Development
Ongoing
Tracking and Monitoring
The Planning Division and GIS staff maintains a comprehensive land use database. Information
Program
from multiple sources including GIS data, traffic model land use data, and building permits is
complied, reviewed and confirmed for accuracy before inclusion into a comprehensive database.
The database may be used for site specific information or compiled to provide information by
any geography needed, from a single lot to a neighborhood to statistical area to citywide. The
land use data is available by Statistical Area as directed by the General Plan. In addition, City
staff is available to provide data on the GIS to provide site-specific information on each
property's development limits.
As required by Section 423 of the City Charter, the Planning Division tracks increases in
development limits approved by general plan amendments (GPA) for a period of ten years. If a
proposed amendment exceeds the established thresholds of 40,000 square feet of non-
residential development or 100 dwelling units or 100 AM peak hour traffic trips or 100 PM peak
hour traffic trips on its own or, when combined with 80% of previously approved General Plan
amendment(s) located in the same Statistical Area, the amendment is considered a "major
amendment." Approval or denial of a "major amendment" is determined by a vote of the
electorate. The GPA/Charter Section 423 tracking tables are available for public review at the
General Plan information page of on the Planning Division website.
11.1
CEQA Review
Ongoing
Development and
Entitlement Ap lications
All private and public development projects are reviewed for CEQA compliance.
12.1
Evaluate Fiscal Benefits of
Ongoing
Large Development
Proposals and Annexations
In 2016, Applied Development Economics, on behalf of the City, prepared a fiscal impact
analysis for the 150 Newport Center and Museum House projects using the Fiscal Impact Model
prepared for the 2006 update of the General Plan. No annexations have been proposed.
12.2
Maintain and Update Fiscal
Ongoing
Impact Model
The fiscal impact model calculates public service impacts for specific land uses that support the
residential population, the employment base and the visitor population in the City. It also
calculates the public revenues that each type of land use typically generates for the City,
including property taxes, sales taxes, and other taxes, as well as a variety of user charges and
fees. The output from the Fiscal Impact Model can be modified to address these circumstances
for each individual project and the Fiscal Year the project is proposed.
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13.1
Process Development
Ongoing
Agreements
The City continuously requires Development Agreements in accordance with Chapter 15.45 of
the Municipal Code.
Development agreement negotiations for the Koll Center Newport project, a 260 -unit residential
development in the Airport Area, commenced in 2017.
14.1
Adjoining Cities
Ongoing
(Boarders Committees to
collaborate with the cities of
The City continuously collaborates with neighboring cities as projects/issues warrant but there
Irvine, Huntington Beach,
currently is not an established committee.
and Costa Mesa
14.2
Coordinate with School
Ongoing
Districts
Staff works with Newport Mesa Unified School District and Coast Community College District on
the identification and acquisition of potential school sites and expansion or existing facilities on
an as -needed basis. Should the need arise; Public Works staff monitors traffic conditions at
school locations. The City provides school impact analysis as required by CEQA to ensure
proper mitigation of impacts is provided to the School Districts. The City works with the School
Districts on joint -use agreements for public recreational uses of school properties on an as -
needed basis. School fees are assessed during the issuance of building permits when required.
14.3
Coordinate with Orange
Ongoing
County
The City of Newport Beach continues to work with the County of Orange on various programs
affecting land use and development, affordable housing, transportation, infrastructure, resource
conservation, environmental quality, management of Newport Harbor and Upper Newport Bay;
and John Wayne Airport operations and improvement plans on an as -needed basis.
14.4
Coordinate with Orange
Ongoing
County Transportation
Authority (OCTA)
The Public Works Director is on the Technical Advisory Committee (TAC), which meets monthly
and consists of most of the Public Works Directors in Orange County, to discuss and make
recommendations to the OCTA and its board on the allocation of funding.
14.5
State of California
Ongoing
Department of Housing and
Community Development
The 2016 General Plan Annual Progress Report, including the Housing Element Report, was
HCD
sent to HCD in April 2017.
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14.6
Coordinate with California
Ongoing
Coastal Commission
On January 30, 2017, the City's certified Local Coastal Program (LCP) became effective and the
City assumed coastal development permit authority. The City continued working with the
California Coastal Commission (Coastal Commission) on the Post LCP Certification Permit and
Appeal Jurisdiction Map, which the Coastal Commission adopted on March 8, 2017. The City is
continuing to work with the Coastal Commission on the delegation of permit authority on filled
tidelands to the City and incorporating the Newport Coast LCP into the City's LCP.
Additionally, a number of LCP Amendments were before the Coastal Commission at the end of
2017 to update and clean-up the certified LCP.
14.7
Coordinate with the
Ongoing
California Resources
Agency, Department of
1. The Recreation and Senior Services Department continued to work with the California
Fish and Game (Changed
Department of Fish and Wildlife on eelgrass restoration projects in the Upper Bay
name to California
through Coastkeeper (Non-governmental agency) and Michelle Clemente (City Natural
Department of Fish and
Resources Supervisor).
Wildlife)
2. The Natural Resources Division continued work with the Irvine Ranch Conservancy, US
Fish and Wildlife, California Department of Fish and Wildlife, and the Natural
Communities Coalition to manage Upper Buck Gully. Buck Gully is a part of a Habitat
Conservation Plan included in the Orange County Central Coastal Natural Communities
Coalition Plan.
3. The Natural Resources Division continues to work as a partner with the University of
California, Irvine; OC Public Health; OC Parks; California Department of Fish and
Wildlife; and the Back Bay Science Center.
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STATUS -
14.8 Coordinate with the
Ongoing
California Department of
Parks and Recreation
The City through its Natural Resource Management unit coordinates with the California
(changed their name to
Department of Fish and Wildlife, California State Parks and Recreation, the County, education,
California State Parks)
and non-governmental organizations (NGOs) to protect natural resources through
implementation of state and local legislation, enforcement, monitoring, and to provide education
programming at Big Corona Del Mar and Little Corona del Mar State Beach, Crystal Cove, and
Upper Newport Bay. Coordination highlights from 2017 include the following:
1. Natural Resource Division continued to work with various City departments on issues
concerning natural resources.
2. Natural Resource Division continued the MPA Watch (Marine Protected Area Watch
Program - Human Use), along with serving as an active member of the Orange County
Marine Protected Area Council (OCMPAC).
3. The Natural Resource Division installed MPA regulatory signage in Newport Harbor and
Crystal Cove SMCA, and conducted field trips, interpretive, and volunteer programs in a
number of locations throughout Newport Beach. The Interactive Sealife Outreach (ISOpod)
vehicle was used at beaches around the city, and for outreach programs to promote an
increased understanding of ocean organisms.
4. The Natural Resource Division continued to work with U.S. Fish and Wildlife, California
Department of Fish and Wildlife, and California State Parks on the Western Snowy Plover
Recovery Program, including monitoring, outreach, and habitat restoration.
5. The City of Newport Beach also began work to establish a management plan to protect the
Western Snowy Plover and improve best management practices.
Em
12
�9
TASKS
STATUS
14.9
Coordinate with the
Ongoing
California Department of
Transportation (Caltrans)
The City coordinates with Caltrans on an as -needed basis for the review of improvements to the
State Highway System or impact on the system by development:
• City has teamed up with the Orange County Transportation Authority (OCTA) and State
of California (Caltrans) to update traffic signal communication, control equipment and
coordination along Coast Highway through the Measure M2 grant -funded Coast Highway
Traffic Signal Synchronization Project. The project is currently in construction with
completion planned in Fall 2018.
• The City has teamed up with Caltrans and OCTA and received a Measure M2 grant to
update traffic signal control and communication, as well as update the traffic signal timing
and coordination between Newport Boulevard and Jamboree Road along Coast
Highway. The project is in construction now with completion planned for end of Summer
2018. in an effort towards signal improvements from Newport Boulevard to Jamboree
Road.
14.10
Transportation Corridor
Ongoing
Agencies (TCA)
City staff continually works with the transportation corridor agencies (TCA) regarding the San
Joaquin Hills (SR -73) Toll Road and continuously implements TCA's Major Thoroughfare and
Bridge Fee Program through the Municipal Code. Impact fees are collected by the City when a
building permit is issued.
14.11
California Public Utilities
Ongoing
Commission (CPUC)
The City works with the California Public Utilities Commission (CPUC) to explore funding for the
undergrounding of utilities. To date, the City has adopted several underground utility districts,
including assessment districts, to provide funding for undergrounding projects. Most of the
funding for undergrounding in the City has come from assessment districts using CPUC Rule
20B. The City receives funding allocation from Southern California Edison (SCE) for Rule 20A
undergrounding projects. In 2013 the City Council adopted a Utility Undergrounding District on
Balboa Boulevard from Coast Highway to 231 Street and directed staff to proceed with a Rule
20A, an undergrounding project along Balboa Boulevard. The City Council approved four new
Rule 20B Utility Underground Assessment Districts upon a positive resident vote. One in
Corona del Mar and three adjacent to the Balboa Boulevard Rule 20A project. Staff also
continues to work with other resident groups in Balboa Peninsula, Balboa Island, and Corona del
Mar for possible other 206 projects.
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TASKS M
STATUS -
14.12
Coordinate with United
Ongoing
States Army Corps of
Engineers (Corps)
1. Harbor Resources staff has been coordinating with the Corps on an ecosystem -based
eelgrass management program in developing a "Newport Specific Eelgrass Plan." The
Plan was approved in December 2015.
2. Harbor Resources staff continues to strategize with the Corps on the next phase of
dredging the Lower Bay to the federally approved authorized depths or below. Progress
is currently underway with sediment testing. Formal application to the Corps for
engineering and design will be submitted in March 2018.
3. Semeniuk Slough Maintenance Dredging Project — This proposed cooperative project, led
by the City of Newport Beach with support by Caltrans, will restore flood conveyance
capacity in Semeniuk Slough and potentially the State-owned storm drain box culvert that
drains into the south end of the slough. This project requires permits from U.S. Army
Corps of Engineers and coordination with the U.S. Fish and Wildlife Service. Permits are
also required from the Regional Water Quality Control Board, California Coastal
Commission, and California Department of Fish and Wildlife. Project completed in April
2017.
50
14
TASKS
STATUS -
14.13
Coordinate with United
ongoing
States Fish and Wildlife
Service
1. Big Canyon Habitat Restoration and Water Quality Improvement Project — Big Canyon
project area contains streambed habitat classified as riparian that is subject to the
jurisdiction of California Department of Fish and Wildlife. Big Canyon also contains
jurisdictional wetlands, including riparian and marsh habitat under the jurisdiction of the
California Coastal Commission. The Big Canyon project area also contains both wetland
and non -wetland waters of the United States/State of California, subject to jurisdiction by
the U.S. Army Corps of Engineers and Regional Water Quality Control Board. This
project was completed in Spring 2017 and is within a five-year monitoring program.
2. Semeniuk Slough Maintenance Dredging Project — Completed in Spring 2017, this
cooperative project, led by the City of Newport Beach with support by Caltrans, restored
flood conveyance capacity in Semeniuk Slough and potentially the State-owned storm
drain box culvert that drains into the south end of the slough. This project required
permits from U.S. Army Corps of Engineers permit and coordination with the U.S. Fish
and Wildlife Service. Permits were also required from the Regional Water Quality Control
Board, California Coastal Commission, and California Department of Fish and Wildlife.
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15
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TASKS
STATUS _
14.14
Coordinate with
Ongoing
Environmental Protection
Agency (EPA)
The City coordinates with the U.S. EPA in collaboration with other resource agencies in the
protection of terrestrial and marine resources and sediment disposal sites for future dredging
projects on an as -needed basis when projects are within the U.S. EPA jurisdiction.
14.15
Coordinate with United
Ongoing
States Postal Service
(USPS) - relocation of
The distribution facility was relocated to Santa Ana and Anaheim. The Mariners Mile location
Mariners' Mile distribution
maintains a drop-off box.
facilit
14.16
Other Agencies
Ongoing
The City continuously works with the following agencies that are involved in the development of
capital improvement and conservation programs:
• Energy providers such as Southern California Edison and Gas Company
• Telecommunications service providers on a case by case basis
• Santa Ana Regional Water Quality Control Board
• Metropolitan Water District
• South Coast Air Quality Management District
• Southern California Association of Governments (SCAG)
• California State Parks
• National Marine Fisheries Service
15.1
Encourage Annexation of
Ongoing
Banning Ranch Prior to
Development
On December 12, 2017, the City Council adopted Ordinance No. 2017-17, which repealed all
approvals for the Newport Banning Ranch project. The absence of an approved project does not
preclude the City from pursuing annexation of the Banning Ranch property with the Local
Agency Formation Commission LAFCO .
16.1
Improve Arterial Streets
Ongoing
and Highways According to
Classification
West Coast Highway (SR -1) and Old Newport Boulevard Intersection Improvements — The
project will widen West Coast Highway at Old Newport Boulevard to provide for a third
westbound through lane, a right turn lane, and a bike lane. The project's environmental
document (MND) was in final review at Caltrans and anticipated final approval is Summer 2018.
52
16
16.2
TASKS M
Monitor Traffic Conditions
and Plan for and Fund
Improvements
STATUS
Ongoing
1. Traffic Signal Modernization Program (see program 16.4 below)
2. Installation of CCTV Cameras and Traffic Management Center in the Public Works
Department which includes surveillance cameras and televisions to monitor and change the
traffic signal system depending on traffic conditions.
16.3
Construct Street and
Ongoing
Highway Improvements
Staff continues to work with Caltrans regarding the design to widen Coast Highway at Old
Newport Boulevard and to provide for a third westbound through lane, a right turn lane, and bike
lane at the intersection. The project's environmental document (MND) was in final review at
Caltrans and anticipated final approval is Summer 2018.
The City has teamed up with Caltrans and OCTA. The team received a Measure M2 grant to
update traffic signal control and communication, as well as update the traffic signal timing and
coordination from Newport Boulevard to Jamboree Road along Coast Highway. The project was
in construction in 2017 with completion anticipated for the end of Summer 2018.
16.4
Monitor Roadway
Complete
Conditions and Operational
Systems
The City continues to monitor and improve traffic flow through proactive maintenance and
updates to the City's modern traffic signal system.
• City has teamed up with the Orange County Transportation Authority (OCTA) and State
of California (Caltrans) to update traffic signal communication, control equipment and
coordination along Coast Highway through the Measure M2 grant -funded Coast Highway
Traffic Signal Synchronization Project. The project is in construction with completion
planned of Fall 2018.
• City is embarking on a demonstration project to deploy an adaptive advanced traffic
signal timing strategy on MacArthur Boulevard to allow automated traffic signal timing
changes in coordination with the changes in traffic flow. The project is in construction
with completion planned for Summer 2018.
• City is deploying traffic monitoring devices on the Peninsula, Coast Highway and in East
Newport to monitor the flow of traffic, allowing for quicker traffic signal outage response
and refined traffic signal timing. Project completion is planned for Spring 2018.
53
17
TASKS
STATUS _
16.5
Maintain Consistency with
Ongoing
Regional
Jurisdictions(Caltrans,
The City monitors the regional Arterial Program, OCTA's Master Plan, and the County -wide
Orange County to provide
traffic model to ensure consistency. Public works staff coordinates with regional jurisdictions on
adequate roadway
an as -needed basis. Public Works staff is currently working with the Orange County Council of
infrastructure plans and
Government (OCCOG), Technical Advisory Committee (TAC), and the Southern California
design standards such as
Association of Governments (SGAG) in reviewing the Orange County Complete Streets Initiative
Orange County Master
Design Manual.
Plan of Arterial Highways)
16.6
Local/Neighborhood
Ongoing
Access Roads
Public Works staff works with local neighborhood groups on an as -needed basis when traffic
issues arise. The City maintains standards that ensure safe and efficient access for emergency
vehicles.
16.7
Traffic Control
Ongoing
The following projects were implemented to improve traffic congestion through conventional and
innovative methods of traffic control:
1. The Annual Traffic Signal Rehabilitation Project rehabilitates the Jamboree Road/Bison
Avenue and Newport Center Drive/Santa Rosa Drive traffic signals.
2. The City deployed a responsive advanced traffic signal timing strategy on Newport
Boulevard between 21st Street and Via Lido Drive to allow the system to make automated
traffic signal timing changes in coordination with changes in Peninsula traffic flow.
3. City is embarking on a demonstration project to deploy an adaptive advanced traffic signal
timing strategy on MacArthur Boulevard to allow automated traffic signal timing changes in
coordination with the changes in traffic flow. The project is in construction with completion
planned for Summer 2018.
4. The City is deploying traffic monitoring devices on the Peninsula, Coast Highway, and in
East Newport to monitor the flow of traffic, allowing for quicker traffic signal outage response
and refined traffic signal timing. Project completion is planned for Spring 2018.
10
M
56
TASKS
STATUS 1
16.8
Provide Public
Ongoing
Transportation
The City continuously looks for opportunities to support the upgrade and enhancement of
existing facilities, as well as encourage the development of additional public transportation
services and facilities. The City provides shuttle bus services for the Oasis Senior Center clients
on an as -needed basis. The City also continuously works with the Orange County Transportation
Authority (OCTA) for countywide bus services.
The City received funding from OCTA for Project V (Community Based Transit/Circulators) to
implement a shuttle service on the Balboa Peninsula. The Peninsula Trolley officially began
service on June 17, 2017. The free trolley service ran from 7:30 a.m. to 9:30 p.m. on Saturdays
and Sundays through Sunday, September 3, as well as the Fourth of July, making 19 stops
along the peninsula. Funding from OCTA to continue the program is available for the next six
years (until 2023), subject to the City meeting ridership minimums and at the discretion of the
City Council. In its first summer, the shuttles carried over 23,000 riders at an average of 906 per
day, far exceeding the 271 rider -per -day minimum set by OCTA. With room for bicycles,
surfboards, and beach gear, the shuttles offered a fun alternative travel method for residents and
visitors alike.
16.9
Manage Truck Operations
Ongoing
Trucks are required to obtain a Haul Route Permit through the Public Works Department and are
required to use designated haul routes.
56
19
50
AS
STATUS
16.10
Improve Parking Supply
Ongoing
and Management
Parking availability can be challenging especially during the summer months when many
thousands of people visit coastal areas. West Newport, Balboa Peninsula, Mariners Mile, and
Corona del Mar experience high parking demand. Parking conflicts can hold back commercial
and economic activities and creating new parking is often expensive. In 2011, the City prioritized
the revitalization of Balboa Village and better parking management was considered a high
priority before increasing the supply. In 2012, the City Council approved the Balboa Village
Master Plan that identified several parking management strategies including the creation of a
parking management overlay district, consideration of parking on a district -wide basis rather than
individual property basis, demand -based pricing strategies, an employee parking program,
enhanced wayfinding, and potentially an overnight resident parking program (RP3) for the
neighborhood just west of Balboa Village. In January 2015, the City Council approved all of the
parking strategies. The RP3 Coastal Development Permit is expected to be considered by the
Zoning Administrator in 2018 (subject to appeal to the Coastal Commission). Incorporating the
Balboa Parking Management Overlay District into the City's certified LCP will require a LCP
amendment approved by the Coastal Commission. Initiation of this LCP amendment is expected
in 2018, but could take up to a year at the Coastal Commission.
Successful strategies may be translated to fit other geographic areas to address their own
specific parking issues.
16.11
Maintain Trails
Ongoing
The City continues to maintain existing bike paths and trails that are within the City's jurisdiction.
In 2017, the City completed City completed a bicycle lane improvement project along MacArthur
Boulevard (south) and Irvine Avenue. The City is embarking on projects to review and improve
bicycle lanes on Irvine Avenue and continue bicycle lane improvements on MacArthur Boulevard
with anticipated completion in Spring 2017.
Bike node improvements were added to Back Bay View Park including a water bottle filler,
bicycle repair station, bicycle racks and picnic benches.
Bicycle racks were added to Marine Avenue creating a bicycle coral.
16.12
Marine Transportation
Ongoing
A study provided an evaluation of a water taxi and found it would require a subsidy and was
without a funding source. This effort was put on -hold.
50
99
TASKS STATUS
17.1 Maintain and Implement Ongoing
Urban Water Management
Plans and Encourage The State Water Board (Board) first adopted drought emergency conservation regulations in July
Conservation 2014. Included in these regulations were prohibitions against certain wasteful water use practices.
These wasteful practices stipulated in NBMC 14.17 are in compliant with State law. The Board
expanded, updated, extended, and readopted the emergency regulations several times, most
recently in February 2017. Governor Brown ended the Drought State of Emergency in April 2017. In
response, the State Water Board partially repealed the February drought emergency conservation
regulations, maintaining urban water supplier reporting requirements and the prohibitions on wasteful
water use practices. These remained in place until November 25th, 2017.
As directed by Executive Order B-40-17, the State Water Board is conducting a rulemaking to
prohibit wasteful water use practices. These prohibitions also support the California Water Action
Plan goal of "Making Conservation a California Way of Life."
Key Provisions and permanent restrictions as provided in NBMC 14.17
The following wasteful practices would be prohibited, unless exempt to protect health and safety, to
meet state and federal permit obligations, when used exclusively for commercial agricultural
purposes, or for other reasons noted below:
• Using potable water to wash sidewalks and driveways;
• Allowing more than incidental runoff when irrigating turf and other ornamental landscapes;
• Using hoses without automatic shutoff nozzles to wash motor vehicles;
• Using potable water in ornamental fountains or decorative water features that do not
recirculate the water
• Irrigating turf and ornamental landscape during and within 48 hours following measurable
rainfall;
• Hotels and motels laundering towels and linens daily without providing guests the option of
using them again.
As a way to mitigate any pending action from the State due to a dry winter and to create a
sustainable water basin, which provides 70-75% of Newport Beach water, the City is considering a
revision of our current water conservation programs and policies. This would include an allocation -
based method of conservation, whereby establishing an equitable means to create an efficient use of
water. A sample of the methodology is mentioned below.
Residential water allocations are calculated based on:
• Number of residents in each home
• Landscaped irrigable area (where applicable) and,
• Real-time localized weather data.
The allocation will vary month-to-month based on weather and number of billing days in each cycle.
Commercial allocations are calculated on a three-year running average.
The Urban Water Management Plan is updated every five years, with the next update due in 2=�
21
TASKS
STATUS
18.1
Maintain and Implement
Ongoing
Sewer Master Plan
The Public Works Department continues to implement the adopted Sewer Master Plan with
projects throughout the City.
A vigorous sanitary system overflow (SSO) prevention plan, which includes good investments in
our Wastewater Master Plan, vigorous CCTV program, and an aggressive lift station cleaning
program continues.
19.1
Maintain Storm Drainage
Ongoing
Facilities
1. Storm drain facility improvements estimated at $5.5M. Projects include:
• The Arches Diversion Project — In progress 2017
• Semeniuk Slough Dredging and Maintenance Project — Completed 2017
• Big Canyon Diversion Project — Completed 2017
• Bayview Heights Restoration/Wetlands Project — In progress in 2017
• Big Canyon Restoration/Wetlands Project — Completed 2017
• Corona Del Mar Beach WQ & Litter Removal Project— In progress in 2017, at Coastal
Commission and waiting for approval
2. Street sweeping program consisted of 36,007 curb miles swept removing 4,578 Tons
(dry) of debris.
3. The City's 86 tidal valves are operated/maintained on a regular basis.
4. Two and a half miles of channel and 3,271 catch basins were cleaned yielding 538 tons
of debris. Four -hundred and thirty-five Inlet Guards are re -installed after the winter
season to assist in keeping trash/debris from entering the storm drain system/bay/ocean.
WN
22
TASKS
STATUS -
20.1 Design, Fund, and
Ongoing
Construct Streetscape
Improvements
Public Right of Way Improvements Balboa Boulevard from 21st Street to 12th Street and 15t"
Street from Bay Front to Ocean Front — Landscape revitalization and traffic signal upgrade and
parking circulation improvements for 15th Street. Construction completed in Summer 2016.
Lido Village:
• In September 2014, the City Council approved the Lido House Hotel project, which
includes landscape improvements and enhanced pedestrian areas along Newport
Boulevard and 32"d Street fronting the former City Hall site. The project also includes a
minor realignment of 32"d Street and changes to existing street parking spaces between
Newport Boulevard and Lafayette Avenue. Construction began in December 2017 with
anticipated completion in early 2018.
• Lido Marina Village has on-going tenant improvements with the repair of Via Oporto.
Balboa Village:
• In October 2014, the City Council approved a conceptual streetscape improvement plan
for Balboa Village that included updated landscaping, street furniture, lighting and
wayfinding signage. Funding for the streetscape improvement plan and the wayfinding
sign program was approved in the 2016 Capital Improvement Program.
• In June 2016, the City was awarded a grant from OCTA to operate a trolley service that
would travel from Coast Highway to Balboa Village during the summer weekends. In
June 2017, the trolley service was in operation.
• In Spring 2017, the entry sign to Balboa Village was installed for Balboa Boulevard and
Adams Street.
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23
�I
TASKS
STATUS
20.1
Design, Fund, and
Ongoing
Construct Streetscape
Improvements (continued
West Newport Revitalization:
from previous page)
• The City Council Ad Hoc Neighborhood Revitalization Committee (NRC) prioritized the
preparation of a preliminary design of a Capital Improvement Project for beautification of
West Coast Highway from the Santa Ana River to the Arches Bridge and of Balboa
Boulevard from West Coast Highway to McFadden Square.
• The NRC established the West Newport Citizen Advisory Panel (CAP) to guide the effort.
The CAP identified keystones to the project that included the alteration of existing
medians, incorporation of sustainable elements, and the addition of lush plantings to
soften the look and improve the aesthetics of the area. They also expanded the area of
focus to include Superior Avenue north of Coast Highway.
• The CAP forwarded a concept layout which included landscaping with varying heights
(groundcover, shrubs, and canopy trees), while minimizing hardscape.
• Balboa Boulevard between West Coast Highway and McFadden Square has now been
landscaped with water friendly plants and a water -efficient irrigation system. Various
architectural features have been added near the 26th Street parking lot and entry by
West Coast Highway to further beautify and enhance this area of West Newport Beach.
• The next segment of this project will take place on West Coast Highway from the Santa
Ana River to Newport Boulevard. Concept landscape plans have now been developed,
reviewed by the CAP, the public and NRC. A Landscape architect has submitted plans to
Caltrans for review. The plans include new landscaping for medians focusing on drought
tolerant plans while limiting hardscape. These plans are currently in the review phase
with Caltrans.
Mariners' Mile Revitalization:
• A draft of the Mariners' Mile Revitalization Master Plan was released in April 2017.
• The Master Plan was scheduled for Planning Commission Study Session on April 20, 2017,
but the plan was withdrawn based upon significant concerns expressed by the community.
• Staff believes this is not the appropriate time to pursue the adoption of the Mariners' Mile
Revitalization Master Plan and the draft Master Plan may be considered again following the
comprehensive General Plan update, scheduled to begin in 2019.
20.2
Design, Fund, and
On -hold
Construct Waterfront
Promenade
A plan was created in 2005 for a walkway from Mariners' Mile to Lido Village along Newport
Harbor;however, the plan is on hold due to lack of funding.
�I
0
01
TASKS M
STATUS
20.3
Fund and Construct Public
Ongoing
View Sites
Back Bay View Park Enhancements - Upgrade water fountain with bottle filler and doggie bowl,
add and bike fixit station was finished in October 2017.
Lower Sunset View Park Extension — Conceptual design plans underway in 2017 to add two
bridges — one across Superior Avenue and one across Coast Highway — to add a parking
structure within the existing parking lot off of Superior Avenue and an additional recreational
area. Additionally, the City has applied for grant funds for the construction phase.
21.1
Review and Update Harbor
Ongoing
and Tidelands
Improvement Plans
The Tidelands Capital Plan (TCP) was originally implemented in 2012. The TCP is now called
the Harbor Capital Project Planning Tool and is a living document that is updated and refined by
staff throughout the year.
21.2
Develop Harbor Area
Complete
Management Plan (HAMP)
In November 2010, the City Council approved the HAMP.
21.3
Events Management and
Ongoing
Programs
Chamber of Commerce, Harbor Resources, Orange County Harbor Patrol continuously work
together to plan and implement special events that take place in the Harbor such as the annual
Christmas Boat Parade. For the seventh year, City staff teamed up with The Orange County
Water District to provide education on how to protect our coast and waterways from trash at the
21s' Annual Children's Water Education Festival on March 29 and30, 2017, at the University of
California, Irvine.
21.4
Harbor Operations and
Ongoing
Management
A joint City/County study that evaluates the costs and efficiency of current services provided by
the City and County in Newport Harbor and opportunities to realign these to reduce costs has
not been conducted to date and may be prioritized in the future based on needs and funding.
01
25
rM
TASKS
STATUS
22.1
Maintain and Enhance
Ongoing
Police and Fire Facilities
Newport Beach Police and Fire Departments annually maintain and periodically update facilities
and personnel to provide a high-level of service. This process is implemented through the City's
budget process. Additionally, response times are monitored and changes are proposed through
the budget process. A remodel of the Police Station at 870 Santa Barbara Drive was in the
design phase in 2017 with anticipated award of funds and construction beginning Spring 2018.
The new Corona Del Mar Fire Station No. 5 and Library was in the design phase in 2017 with
anticipated award of funds and construction beginning Spring 2018.
23.1
Maintain and Update Parks
Ongoing
and Recreation Facility
Plans
The Recreation and Senior Services Department reviews the status of the park system on an
ongoing basis and improvements are recommended in the City's annual Capital Improvement
Plan.
23.2
Maintain and Improve
Ongoing
Parks and Recreation
Facilities
In 2017, the following accomplishments were achieved:
1. Ongoing maintenance of existing facilities.
2. Bonita Creek Sports Park — Installation of Pickleball Courts at Bonita Canyon Sports
Park. The project was completed and opened to the public in September 2017.
3. Back Bay View Park Enhancements — Upgrade water fountain with bottle filler and doggie
bowl, and bike fixit station were finished in October 2017.
4. Lower Sunset View Park Extension — Conceptual design plans underway in 2017 to add two
bridges — one across Superior Avenue and one across Coast Highway — to add a parking
structure within the existing parking lot off of Superior Avenue, and an additional recreational
area. Additionally, the City has applied for grant funding for the construction phase.
23.3
Assess Recreation Needs
Ongoing
The Recreation and Senior Services Department continuously analyzes enrollment numbers in
existing recreation programs and periodically initiate community surveys to assess the current
needs of the community.
rM
23.4
M
TASKS STATUS
Maintain Recreation Ongoing
Programs for Newport
Beach's Residents The Recreation and Senior Services Department provides recreation programs citywide. The
Newport Navigator is a recreation guide for all recreation programs and services provided by the
City. The Newport Navigator is provided quarterly in addition to a summer issue. The Parks,
Beaches, and Recreation Commission (PB&R) acts in an advisory capacity to City Council for all
matters pertaining to parks, beaches, recreation, parkways, and street trees. The following are
Commission highlights from 2017:
1. Backbay signage program.
2. Lower Sunset View Park Extension — Conceptual Plan provided for comments.
3. Youth programs.
4. Beach volleyball nets donation, in memory of Ron Hanks Neil Cline.
5. Certificate presentation to outgoing PB&R Commissioner Marie Marston.
6. Elections — Laird Hayes, Chair/ Walt Howald, Vice Chair.
7. Changing the name of Balboa Island Park - denied.
8. Approval of Newport Beach soccer installation of temporary lights at Bonita Canyon
Sports Park Field 6.
9. Newport Coast Community Center/Aquatics.
10. New PB&R Commissioner — Heather Ignatin.
11. Ad Hoc Committee Appointments — Community Service Award: Cole, Englebrecht, &
Ignatin; Sunset View: Hayes, Granoff & Ignatin; Youth Sports Liason: Hayes, Anderson &
Howald; Sunsetted the West Newport Community Center Ad Hoc Committee.
12. Adjourned in Memory of Dayle Lusk, Tumble-n-Kida
13. Marina Park & Peninsula Programming.
14. Weather Station approved at Bonita Canyon Sports Park.
15. Modification of the youth sports commission member requirements and field allocation
and use policy — tabled until future meeting.
16. Health and wellness of the Oasis Senior Center.
17. Poppy Avenue update.
I'm
27
MI,
TASKS
STATUS
23.5
Requirements for
Ongoing
Residential Developers
Park fees are assessed for all new residential subdivisions pursuant to the Subdivision Map Act
and the City's Subdivision Code.
24.1
Adopt and Implement
Ongoing
Strategic Plan for Fiscal
and Economic
In June 2009, the City Council updated its Strategic Plan for Fiscal and Economic Stability
Sustainability
(EDC). The Strategic Plan is designed to serve as a work program for the City Council, City staff,
and the EDC to promote and sustain fiscal and economic vitality in Newport Beach. It is
intended, in part, as a companion document for the General Plan (adopted in 2006), to assist the
City in implementing portions of the General Plan that affect economic development in the City.
The Strategic Plan includes goals and objectives to enhance the business climate in the
community and focuses on a shorter time frame (three to five years) than does the General Plan,
since economic conditions and priorities can change more rapidly than do planning goals related
to community character and land use patterns. The Strategic Plan calls for regular reviews of
progress and re -assessments of priorities.
25.1
Implement Housing
Ongoing
Element Programs
The City implements Housing Element Programs through the review of proposed residential
projects. Programs are reviewed in the Housing Element Progress Report, which is provided as
a part of the Annual General Plan Status Report.
26.1
Enforce Codes and
Ongoing
Ordinances
The City enforces all Municipal Code Sections including but not limited to health and safety, and
zoning to implement the General Plan primarily on a complaint -driven basis. Code Enforcement
and Planning staff partnered with the Balboa Village Merchants Association to identify
substandard buildings and work with the property owners to participate in the City's Fagade
Improvement Program. The Program provides grant monies to eligible property and/or business
owners to make improvements to the fa ade of their buildings.
27.1
Seismic Compliance
Ongoing
The City continuously implements Municipal Code and the California Building Code through the
Building Division, which requires seismic retrofitting and strengthening to minimize damage in
the event of a seismic geologic hazard.
MI,
ME
TASKS
STATUS -
28.1
Maintain Hazards Data
Ongoing
Base
The Police Department maintains a crime statistics database to keep track of the type and
occurrence of criminal activities. The Fire Department relies on the Disaster Preparedness
Division under the City's Emergency Management Program (see Program 28.2 and 29.1 below)
for the planning of facilities, personnel assignments, and emergency response programs as
related to natural hazards. Additionally, the City maintains hazard information in its Geographic
Information System (GIS).
28.2
Maintain Emergency
Ongoing
Preparedness, Response,
and Recovery Programs
On July 4, 2017, the Police Department Operations Center (DOC) was activated to support the
field operations and interdepartmental coordination. Several briefings were held to ensure all
departments were sharing intelligence and coordinating.
On Wednesday, October 18, 2017 Orange County's Regional Emergency Notification System,
AlertOC, was tested with the help of 25 jurisdictions (24 cities and the County unincorporated
areas) including Newport Beach, in conjunction with National Preparedness Month. The primary
objective of the regional exercise was to test Alert OC's capability, capacity and effectiveness to
deliver emergency notifications to the public during a major disaster, and to encourage residents
to register their cell phone numbers. Approximately 33,000 (mostly landline) phone numbers
were called during the test. The City's public hotline received over 400 calls from residents. The
hotline was staffed with representatives from the City Manager's Office, Fire Department, and
Police Dispatch.
On October 25, 2017, the City held an EOC drill for staff that have been identified as EOC
responders. The drill scenario was five active shooter incidents in Orange County. The Newport
Beach EOC participated in a series of conference calls with the County and ten participating
cities in Orange County. During the exercise, management and operational decisions were
discussed based on these major incidents.
The City's Emergency Preparedness Committee (EPC) is comprised of representatives from
each department and meet monthly. The EPC works collaboratively to plan, train, and address
all city emergency management threats.
05
9
TASKS I STATUS
29.1 1 Educate the Community I Ongoing
1. The City continuously educates the community through its various City Departments on
services, programs, and key issues including land use zoning and development processes;
development fees; code compliance; property and building maintenance and improvement
techniques; financial assistance and affordable housing programs, public transportation; ride -
sharing, energy conservation methods, waste reduction and recycling programs; hazards
and emergency/disaster preparedness, evacuation, and response protocols and procedures;
natural resources and their value; educational and cultural events and venues; parks and
recreation, health and safety, and seniors and youth programs; and access to government
services and elected officials.
2. The City's webpage was revamped to include easily accessible, up-to-date information on all
of the aforementioned services, programs, key issues and current projects. The new web
page includes a "Newsplash" tool. This tool gives the community the ability to sign-up to
receive automated emails regarding news or updated information related to certain topics
including all of the aforementioned.
3. The Disaster Preparedness Division implemented several community outreach programs as
they relate to emergency and disaster preparedness including AlertOC, which is a mass
notification calling system for staff, residents, and businesses, The Community Emergency
Response Team (CERT) program to certify residents as Disaster Service Workers, School
Emergency Response Team (SERT) training sessions in public schools and private schools,
and Business Emergency Response Team training sessions.
MIN
KZ
TASKS ISTATUS
29.2 Support of the Arts, Ongoing
Culture. and Historic
Resources The City Arts Commission acts in an advisory capacity to the City Council in all matters
pertaining to artistic, aesthetic, and cultural aspects of the City. The City Arts Commission also
recommends to the City Council the adoption of such ordinances, rules and regulations as it may
deem necessary for the administration and preservation of fine arts, performing arts, historical,
aesthetic, and cultural aspects of the community. The following is an update on implementation
in 2017:
1. Concerts on the Green — Four concerts were held during the summer with the last one in
September. Concerts included Matt Mauser: Celebration of Frank Sinatra; The Springsteen
Experience; Tijuana Dogs; and A Tribute to the Eagles.
2. Pacific Symphony — The community participated and supported the City -hosted Pacific
Symphony concert on July 16, 2017. It was a wonderful evening of music, led by Music
Director Carl St. Clair. The evening began with the Symphony's "Musical Playground," which
featured many interactive and hands-on activities for children, including instrument making, a
drum circle, an instrument petting zoo, and an opportunity to meet the musicians.
3. Exhibits in the Central Library — The City maintains exhibit space at the Central Library. The
City Arts Commission's Fine Arts Committee meets periodically to review artist's submissions
for exhibition in Central Library. Upon acceptance, exhibiting artists must agree to the
conditions and requirements detailed in the City Policy 1-11.
4. Newport Beach Art Exhibition — On June 16, 2017, 130 artists participated in the Exhibition.
Cash prizes are awarded to artists within a number of categories. A portion of the proceeds
from the art sale funds Newport Beach community arts programs.
5. Sculpture Exhibition in Civic Center Park — In September 2017, the Newport Beach City
Council authorized Phase III which included nine pieces that were installed in October 2017.
The City Council also approved a contract with Arts OC to manage the project.
6. Master Arts and Culture Plan — The City Arts Commission is in progress of developing goals
and objectives.
Grants Awarded — In November 2017 the City Council awarded Cultural Arts Grants to the
following: Balboa Island Improvement Association, Newport Beach Film Festival, Balboa
Island Museum, City Arts Commission Arts Programming, and Orange County Museum of
Art.
07
31
02
TASKS 0
STATUS -
29.3
Support Community
Ongoing
Environmental and
Recreation Initiatives
The City supports any private groups' efforts to acquire property to improve access to the
anticipated development of the Orange Coast River Park. The City has also supported the
Banning Ranch Conservancy's efforts to acquire the Banning Ranch property to preserve it as
open space; however, no agreement to acquire the site was forthcoming. In July 2012, the City
approved the Newport Banning Ranch Planned Community Development Plan for development
of the 401 -acre site with 1,375 residential dwelling units, a 75 -room resort inn and ancillary
resort uses, 75,000 square feet of commercial uses. On September 7, 2016, the California
Coastal Commission denied a coastal development permit for the project. December 12, 2017,
the City Council adopted Ordinance No. 2017-17, which repealed all approvals for the Newport
Banning Ranch project. The absence of an approved project does not preclude the City from
pursuing annexation of the Banning Ranch property with the Local Agency Formation
Commission LAFCO.
30.1
Maintain Annual Budgets
Ongoing
for City Services and
Improvements
Annual budgets are maintained and reviewed by City Council annually. A Capital Improvement
Plan (CIP) is included in the annual budget approved by City Council each year. In June 2017,
the City Council approved the budget and CIP.
30.2
Administer Impact and User
Ongoing
Fees (a. Development
Impact Fees, b. Park
1. Development impact fees including fair share traffic fees are assessed for each development
Dedication Fees and in -lieu
project. The completion of updating the Fair Share Traffic fee has been put on hold (see
fees, and c. Tideland
Program 7.2).
Revenue Fees)
2. Park dedication fees are assessed on a project -by -project basis pursuant to the Subdivision
Code. The Park dedication fee which was updated in 2007, is required to keep current with
property appreciation, and said fair market value per acre shall be reviewed and adjusted, if
necessary, at least every three years.
3. Residential Piers: Rates were reviewed and adjusted by Council in February 2015.
Commercial Piers: Study is underway with anticipated Council adoption by Spring 2017.
4. Moorings:
• Rates —Annual mooring rates are updated to be based on the Consumer Price Index
(CPI). Rates will be assessed in January of each year.
• Regulations - anticipated Council adoption by Spring 2018.
02
32
TASKS STATUS
31.1 Consider the Establishment Ongoing
of Community Facilities and
Special Assessment As an alternative to building a new community center, the City has leased programming space
Districts on 16th Street in Newport Beach, and is providing a variety of recreational and fitness classes for
the community. It offers a dynamic program schedule with classes for all age groups and
features a gymnastics center, dance, and fitness studio with professional grade sprung floor,
classroom space for enrichment programs and a participant lobby.
09
33
PART 2. HOUSING ELEMENT ANNUAL REPORT
As required by Government Code Sections 65583 and 65584, the Housing Element Annual 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 was prepared to be consistent with guidelines provided by the State Department of
Housing and Community Development (HCD).
The Housing Element Annual Report includes the following information:
A. Annual building activity reports for new housing units;
B. Regional housing needs allocation progress; and
C. Program implementation status including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing.
A. Annual Building Activity Reports for New Housing Units
Data from the Community Development Department was used to prepare the following table, illustrating the number of
new housing units and demolished housing units reported to the State Department of Finance (DOF) in Calendar Year
2017:
CONSTRUCTED HOUSING UNITS
2017
CALENDAR YEAR
NEW UNITS DEMOLISHED UNITS
NET CHANGE IN UNITS
2017
716 172
1544
70
ANNUAL BUILDING ACTIVITY REPORT FOR MODERATE INCOME UNITS
2017
Low
1.
2.
3.
4.
5.
6.
7.
5
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
129
36 UNITS WITHIN
551
0
0
716
165
PERMITTED FOR
18 STRUCTURES
ABOVE MODERATE
B. REGIONAL HOUSING NEEDS ALLOCATION PROGRESS
The Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Allocation (RHNA) to
identify the housing needs for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned
Newport Beach a share of the region's new housing units that should be constructed in the 2014-2021 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 five new dwelling units.
The table below summarizes the City's share of RHNA for new housing construction, for households at different income
levels, and for the 2014-2021 Planning Period.
TOTAL RHNA CONSTRUCTION NEED BY INCOME
2014-2021
VERY Low
Low
MODERATE
ABOVE MODERATE
TOTAL
1
1
1
2
5
20%
20%
20%
40%
100%
72
35
CITY'S PROGRESS IN MEETING ITS SHARE OF RHNA FOR PERIOD 2014-2021
VERY Low
Low
MODERATE
ABOVE MODERATE
TOTAL
NEED
PROJECTED NEED
1
1
1
2
5
NEW UNITS 17'
0
0
0
551
0
REMAINING NEED
1
1
1
0
3
C. PROGRAM IMPLEMENTATION STATUS/ LOCAL EFFORTS TO REMOVE GOVERNMENTAL
CONSTRAINTS
The 2014-2021 Housing Element Update was found in full compliance with state law, and on September 24, 2013, the
City Council adopted the 2014-2021 Housing Element Update. The Annual Status Report for Calendar Year 2017 will
provide a review of the 2014-2021 Housing Element programs.
1.1.1 Improve housing quality and prevent
deterioration of existing neighborhoods by
strictly enforcing building code regulations
and abating code violations and nuisances.
Ongoing
The building inspectors and code enforcement officers continually enforce
code regulations, abatement violations, and nuisances. A quarterly report
on code enforcement activities is available and kept on file at the City.
The City Council awarded funding for the Senior Home Repair Program.
See Program 1.1.2 below for details.
72
PROgUM
STATUS
1.1.2
Investigate the use of federal funds and
Ongoing
local funds, including Community
Development Block Grants (CDBG) and the
On April 29, 2015, the City published RFP No. 15-55 for use of the City's
Affordable Housing Fund, to provide
Affordable Housing Fund toward affordable housing development or
technical and/or financial assistance, if
programming. The following three projects received approval of the funding from
necessary, to existing lower- and moderate-
City Council on November 24, 2015 and here is an update on project
income, owner -occupants of residential
implementation for 2017:
properties through low-interest loans or
1. An agreement with Community Development Partners granting
emergency grants to rehabilitate and
$1,975,000 to assist with the acquisition, rehabilitation and conversion of
encourage the preservation of existing
an existing 12 -unit apartment building located at 6001 Coast Boulevard
housing stock.
for affordable housing — 6 for low-income veterans and 6 with a priority
for low-income seniors and veterans (Newport Veterans Project). In June
2017, the project closed on construction financing. Building permits were
issued and construction began in July 2017. Temporary occupancy was
issued in January 2018 and inspections from the Orange County
Housing Authority are scheduled in February 2018. The lease up of the
units were also in process with anticipated move -ins by Spring 2018.
2. Senior Home Repair Program - An agreement with Habitat for Humanity
Orange County (Habitat OC) granting up to $600,000 for critical home
repair for lower-income seniors. The first project was completed in West
Newport in March 2017. The second project was completed in Corona del
Mar in October 2017. The third and fourth projects were close to
completion in Bayview and Santa Ana Heights in December 2017.
Additionally, there were three projects in the application process in 2017
in West Newport Mesa, Bayside Village, and Peninsula Point.
3. Seaview Lutheran Plaza Project — Seaview Lutheran Plaza was awarded
$1.6 million to assist with the rehabilitation of an existing 100 -unit
apartment building that is affordable to lower-income seniors located at
2800 Pacific View Drive. On July 26, 2016, the City and Seaview
Lutheran entered into an affordable housing grant agreement for
$800,000 of the award for the upgrades to existing bathrooms. The
design and permits were approved late 2016 and construction was under
way throughout 2017. By the end of 2017, 60 of the 100 units were
complete; anticipated completion of the remaining units is Spring 2018.
The remaining $800,000 will be provided in a loan agreement for kitchen
upgrades. The loan agreement was in review with the Seaiview Lutheran
Board in 2017. Both the grant and loan agreement will extend the
affordability requirement through 2069.
73
37
PROGRAM
STATUS
1.1.3
Require replacement of housing demolished
Ongoing
within the Coastal Zone when housing is or
has been occupied by very low—, low-, and
The City uses Chapter 20.34 "Conversion or Demolition of Affordable
moderate -income households within the
Housing" by monitoring demolition requests and permits. No applicable
preceding 12 months. The City shall prohibit
projects were submitted in 2017.
demolition unless a determination of
consistency with Government Code Section
65590 has been made. The specific
provisions implementing replacement unit
requirements are contained in Chapter
20.34 of the Municipal Code
1.1.4
The City will continue to implement the
Ongoing
Residential Building Records (RBR)
program to reduce and prevent violations of
This City report allows the City to verify that its residential buildings meet
building and zoning ordinances by providing
zoning and building code requirements, life safety requirements as set
a report to the all parties involved in a
forth by the City's Municipal Code, and fulfill the State's requirement that
transaction of sale of residential properties,
all homes have both smoke detectors and seismic strapping of water
and providing an opportunity to inspect
heaters (California Health and Safety Code, Section 19211). In 2017,
properties to identify potentially hazardous
there were 1,547 RBRs processed.
conditions, resources permitting. The report
provides information as to permitted and
illegal uses/construction, and verification
that buildings meet zoning and building
requirements, including life safety
requirements.
2.1.1
Maintain rental opportunities by restricting
Ongoing
conversions of rental units to condominiums
in a development containing 15 or more
A vacancy rate survey is completed upon receiving an application for the
units unless the vacancy rate in Newport
conversion of 15 or more rental units to condominiums. No projects of 15
Beach for rental housing is an average of
or more units were submitted in 2017.
5 percent or higher for four (4) consecutive
quarters, and unless the property owner
complies with condominium conversion
regulations contained in Chapter 19.64 of
the Newport Beach Municipal Code.
74
PROGRAM
STATUS
2.1.2
Take all feasible actions, through use of
Ongoing
development agreements, expedited
development review, and expedited
Pending applications that include affordable housing will be expedited.
processing of grading, building and other
development permits, to ensure expedient
construction and occupancy for projects
approved with lower- and moderate -income
housing requirements.
2.1.3
Participate with the County of Orange in the
Ongoing
issuance of tax-exempt mortgage revenue
bonds to facilitate and assist in financing,
The issuance of tax-exempt mortgage revenue bonds is project driven,
development and construction of housing
and the developer typically applies for the bonds. No applications were
affordable to low and moderate -income
received.
households.
2.1.4
Conduct an annual compliance -monitoring
Ongoing
program for units required to be occupied
by very low-, low-, and moderate -income
Annual compliance monitoring has been conducted and the report for the
households.
City's income and rent -restricted units is in process by LDM Associates
(consultant). The 2017 compliance will be completed by Spring 2018.
2.1.5
Provide entitlement assistance, expedited
Ongoing
entitlement processing, and waive
application processing fees for
The building permit fees were waived for the Seaview Lutheran Plaza
developments in which 5 percent of units
Project. Planning Staff has assisted as a liaison between the applicant and
are affordable to extremely low-income
the Building Division to assist in resolving Building Code issues during the
households. To be eligible for a fee waiver,
plan check process for the Seaview Lutheran Plaza Project which is also
the units shall be subject to an affordability
helping with expediting their permit processing. Planning Staff assisted
covenant for a minimum duration of 30
with coordinating plan check and expediting permitting for the Newport
years. The affordable units provided shall
Veterans project.
be granted a waiver of park in -lieu fees (if
applicable) and traffic fairshare fees.
715
�7
PROGRAM
STATUS
2.1.6
Affordable housing developments providing
Ongoing
units affordable to extremely low-income
households shall be given the highest
See status of Program 1.1.2.
priority for use of Affordable Housing Fund
monies.
2.2.1
Maintain a brochure of incentives offered by
Ongoing
the City for the development of affordable
housing including fee waivers, expedited
A brochure is maintained and provided on the City website and in the
processing, density bonuses, and other
public lobby.
incentives. Provide a copy of this brochure
at the Planning Counter, the website and
also provide a copy to potential developers.
2.2.2
The City shall provide more assistance for
Ongoing
projects that provide a higher number of
affordable units or a greater level of
This program was considered in evaluating the proposals for the RFP and
affordability. At least 15 percent of units
choosing the projects described in Program 1.1.2.
shall be affordable when assistance is
provided from Community Development
Block Grant (CDBG) funds or the City's
Affordable Housing Fund.
2.2.3
For new developments proposed in the
Ongoing
Coastal Zone areas of the City, the City
shall follow Government Code
The City uses Chapter 20.34 "Conversion or Demolition of Affordable
Section 65590 and Title 20.
Housing" by monitoring demo requests and permits.
1. No applicable projects were submitted in 2017.
2. Resulting from Mello Act Compliance for the Echo Beach project
approved in 2014, six existing studio units at 305 E. Bay Avenue
were being remodeled to be converted to very -low and low-income
rental units in 2016. The units were available to rent in 2017.
76
.o
PROGRAM
STATUS
2.2.4
All required affordable units shall have
Ongoing
restrictions to maintain their affordability for
a minimum of 30 years.
Staff continues to include this affordability restriction as a standard
condition on all affordable housing projects, unless an otherwise longer
affordability covenant is agreed upon. The Newport Veterans Project will
have an affordability requirement of 50 years and the Seaview Lutheran
project will add 30 additional years to their existing requirement, resulting
in a new expiration date of 2069.
2.2.5
Advise and educate existing landowners
Ongoing
and prospective developers of affordable
housing development opportunities
A brochure has been created and distributed that outlines development
available within the Banning Ranch, Airport
incentives and entitlement assistance available in the City. The brochure
Area, Newport Mesa, Newport Center,
is maintained at the public counter and on the City website.
Mariners' Mile, West Newport Highway, and
Balboa Peninsula areas.
2.2.6
Participate in other programs that assist
Ongoing
production of housing.
City staff attends OCHA Cities Advisory Committee meetings to keep up-
to-date with programs that assist in the production of housing.
2.2.7
New developments that provide housing for
Ongoing
lower-income households that help meet
regional needs shall have priority for the
In 2017, the Newport Crossing project, a 350 -dwelling unit mixed-use
provision of available and future resources
development, was submitted within the Airport Area under the Residential
or services, including water and sewer
Overlay of the Newport Place Planned Community. The proposed project
supply and services.
includes 52 lower income units. The Environmental Impact Report and the
site development review will assess the priority of services for the project.
2.2.8
Implement Chapter 20.32 (Density Bonus)
Ongoing
of the Zoning Code and educate interested
developers about the benefits of density
Implement as projects are submitted. Density Bonus information and
bonuses and related incentives for the
incentives are included in an informational brochure for the public. In
development of housing that is affordable to
2017, the Newport Crossing project, a 350 -dwelling unit mixed-use
very low-, low-, and moderate -income
development, was submitted within the Airport Area under the Residential
households and senior citizens.
Overlay exempting the 10 -acre site requirement. The development
utilizes a 35 -percent density bonus and includes units affordable to lower-
income households. The project application is currently under review.
7:7
41
PROGRAM
STATUS
2.3.1
Study housing impacts of proposed major
Ongoing
commercial/industrial projects during the
development review process. Prior to
In conjunction with the environmental review required under the California
project approval, a housing impact
Environmental Quality Act (CEQA), potential impacts to population,
assessment shall be developed by the City
housing, and employment is reviewed and analyzed. Recent development
with the active involvement of the
trends have consisted of redevelopment of commercial and industrial sites
developer. Such assessment shall indicate
for residential development or mixed-use, which has created new housing
the magnitude of jobs to be created by the
opportunities in the City. No major commercial/industrial projects
project, where housing opportunities are
submitted in 2017.
expected to be available, and what
measures (public and private) are requisite,
if any, to ensure an adequate supply of
housing for the projected labor force of the
project and for any restrictions on
development due to the "Charter Section
423" initiative.
3.1.1
Provide a streamlined "fast-track'
Ongoing
development review process for proposed
affordable housing developments.
The City will prioritize the development review process for all affordable
housing projects. The renovation for the Newport Veterans project, the
Seaview Lutheran rehabilitation and any Senior Home Repair Program
rehabilitation projects were provided "fast-track' plan check.
3.1.2
When a residential developer agrees to
Ongoing
construct housing for persons and families
of very low, low, and moderate income
The City considers Density Bonuses and other incentives on a project -by -
above mandated requirements, the City
project basis. Chapter 20.32 Density Bonus is included in the Zoning Code
shall either (1) grant a density bonus as
and is implemented as projects are submitted.
required by state law, or (2) provide other
incentives of equivalent financial value.
M
42
PROGRAM
STATUS
3.1.3
Develop a pre -approved list of incentives
Ongoing
and qualifications for such incentives to
promote the development of affordable
Waivers and incentives are considered by the Planning Commission and
housing. Such incentives include the waiver
City Council on a project -by -project basis. Staff received information from
of application and development fees or
HCD on examples of pre -approved incentive programs from the City of
modification to development standards
Los Angeles and the City of Anaheim. Staff will continue research with
(e.g., setbacks, lot coverage, etc.).
HCD to develop pre -approved incentives. No waivers or incentives were
granted during the 2017 calendar year.
3.2.1
When requested by property owners, the
Ongoing
City shall approve rezoning of developed or
vacant property from nonresidential to
The City continually monitors requests for zone changes of vacant and
residential uses when appropriate. These
developed properties from nonresidential to residential and approves
rezoned properties shall be added to the list
when determined to be compatible and feasible. When approved, these
of sites for residential development.
sites are mapped for residential uses on both the Zoning District Map and
General Plan Land Use Map.
In 2012, the City adopted an amendment to the North Newport Center
Planned Community and approved an additional 79 residential units for
construction within North Newport Center. The amendment now allows for
the total construction of up to 524 residential units within the San Joaquin
Plaza sub -area. On December 12, 2013, plans were submitted for the
construction of a 524 -unit apartment complex and building permits and
demolition permits were issued in November 2014. Construction
commenced in late 2014 and was completed in Summer 2017.
�J
43
PRO, -M
STATUS
3.2.2
Recognizing that General Plan Policy
Ongoing
LU6.15.6 may result in a potential constraint
to the development of affordable housing in
In 2017, the Newport Crossing project, a 350 -dwelling unit mixed-use
the Airport Area, the City shall maintain an
development, was submitted within the Airport Area under the Residential
exception to the minimum 10 -acre site
Overlay exempting the 10 -acre site requirement. The development utilizes
requirement for projects that include a
a 35 percent density bonus and includes units affordable to lower-income
minimum of 30 percent of the units
households. The project application is currently under expedited review.
affordable to lower-income households. It is
recognized that allowing a smaller scale
development within an established
commercial and industrial area may result in
land use compatibility problems and result
in a residential development that does not
provide sufficient amenities (i.e. parks)
and/or necessary improvements (i.e.
pedestrian walkways). Therefore, it is
imperative that the exception includes
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.
:I
44
PROGRAM
STATUS
3.2.3
The City will encourage and facilitate
Ongoing
residential and mixed-use development on
vacant and underdeveloped sites listed in
Appendix H3 is the Sites Analysis and Inventory which identifies sites that
Appendix H3 by providing technical
can be developed for housing within the planning period and that are
assistance to interested developers with site
sufficient to provide for the City's share of the regional housing need
identification and entitlement processing.
allocation to provide realistic opportunities for the provision of housing to
The City will support developers funding
all income segments within the community. Appendix H3 can be found in
applications from other agencies and
the Housing Element available at the Planning Division or online at
programs. The City will post the Sites
http://www.newportbeachca.gov/index.aspx?paqe=2087
Analysis and Inventory on the City's
webpage and marketing materials for
The City has completed the following:
residential and mixed-use opportunity sites,
and will equally encourage and market the
1. A user-friendly Sites Analysis and Inventory is on the City's website.
sites for both for -sale development and
2. A brochure is available on the website and in the public lobby that
rental development. To encourage the
promotes the incentives and opportunities for affordable housing
development of affordable housing within
projects, which includes information of the City's Sites Analysis and
residential and mixed-use developments,
Inventory.
the City shall educate developers of the
3. A layer and note has been added in the City's Geographic Information
benefits of density bonuses and related
System (GIS) to identify sites within the inventory to assist staff in
incentives, identify potential funding
providing information to interested developers.
opportunities, offer expedited entitlement
processing, and offer fee waivers and/or
The City will encourage density bonus and offer incentives to interested
deferrals.
developers.
NA
45
PROGRAM
STATUS
3.2.4
The City will monitor and evaluate the
Ongoing
development of vacant and underdeveloped
parcels on an annual basis, and report the
During 2017, the City's strategies for encouraging the development of
success of strategies to encourage
identified vacant and underutilized sites are proving successful. The City
residential development in its Annual
has approved development projects for the three vacant sites identified in
Progress Reports required pursuant to
the Sites Inventory and Analysis: 1. Building permits were issued for the
Government Code 65400. If identified
development of six detached residential condominiums units on the
strategies are not successful in generating
Corona del Mar site. Construction is anticipated to begin in 2018.
development interest, the City will respond
to market conditions and will revise or add
The City also has significant projects on sites identified as underutilized:
additional incentives.
Uptown Newport was approved in February 2013, includes the
development of 1,244 residential dwelling units The Uptown Newport PC
requires densities between 30 du/acre and 50 du/acre, consistent with the
densities of the General Plan, and allows additional density opportunities
with a density bonus. The construction of the first phase is was underway
with the building permits for the construction of 455 apartment units
including 91 very low income units issued in May 2017.
The VUE Newport formally known as Newport Bay Marina project was
identified as an underutilized site. The project was approved by the City in
2007 and the Coastal Commission in 2009, and permitted the
development of 27 residential condominium units and 36,000 square feet
of commercial floor area. The units were completed and for sale in 2017.
Koll Center Newport has an active application for the development of 260
for -sale condominium units. The application has been deemed complete
and the environmental review process is underway.
PROGRAM
STATUS
4.1.1
Annually contact owners of affordable units
Ongoing
for those developments listed in Table H12
as part of the City's annual monitoring of
Staff maintains an updated contact list for affordable units in conjunction
affordable housing agreements to obtain
with the 2014-2021 Housing Element. LDM Associates (consultant)
information regarding their plans for
included this information that was sent to the owners as a part of the
continuing affordability on their properties,
annual monitoring. During the RFP process for the expenditure of the
inform them of financial resources available,
affordable housing funds, the City and LDM reached out to the owners of
and to encourage the extension of the
the existing affordable housing units within the City and there was no
affordability agreements for the
interest to extend the existing affordable housing covenants except from
developments listed in Table H12 beyond
Seaview Lutheran (See Program 1.1.2 for details).
the years noted.
4.1.2
The City shall maintain registration as a
Ongoing
Qualified Preservation Entity with HCD to
ensure that the City will receive notices from
The City of Newport Beach is registered as a Qualified Preservation Entity
all owners intending to opt out of their
with HCD in 2012. When notification is received, City staff will evaluate the
Section 8 contracts and/or prepay their
potential use of monies to preserve the affordable units.
HUD insured mortgages. Upon receiving
notice that a property owner of an existing
affordable housing development intends to
convert the units to a market -rate
development, the City shall consult with the
property owners and potential preservation
organizations regarding the potential use of
Community Development Block Grant
(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.
Ma
47
PROGWM
STATUS
4.1.3
Continue to maintain information on the
Ongoing
City's website and prepare written
communication for tenants and other
Pamphlets informing prospective tenants and landlords about the Orange
interested parties about Orange County
County Housing Authority (OCHA) Section 8 program have been made
Housing Authority Section 8 opportunities to
available in the public lobby and information is posted on the City website.
assist tenants and prospective tenants to
acquire additional understanding of housing
law and related policy issues.
MI
LUC
PROGRAM
STATUS
4.1.4
Investigate availability of federal, state, and
Ongoing
local programs and pursue these programs,
if found feasible, for the preservation of
The City attends OCHA meetings and has continued to investigate
existing lower-income housing, especially
available programs and evaluate the feasibility of participating in such
for preservation of lower-income housing
programs.
that may convert to market rates during the
next 10 years. In addition, continually
The Newport Veterans project worked directly with OCHA to obtain
promote the availability of monies from the
project -based Veterans Affairs Supportive Housing (VASH) vouchers.
Affordable Housing Fund as a funding
Orange County is provided VASH vouchers which are distributed to the
source for the preservation and
Cities via OCHA. The project was awarded the project -based VASH
rehabilitation of lower-income housing. A list
vouchers in 2016. Renovations of the units began in 2017 and lease up
of these programs, including sources and
of the project -based voucher units is anticipated in Spring 2018.
funding amounts, will be identified as part of
this program and maintained on an ongoing
Additionally, the project received Veterans Housing and Homelessness
basis.
Prevention (VHHP) funding through the Department of Housing and
Community Development.
W
PROGRAM
STATUS
4.1.5
The City shall inform and educate owners of
Ongoing
affordable units of the State Preservation
Notice Law (Government Code Section
Staff and LDM Associates (consultant) were able to coordinate meetings
65863.10-13), if applicable. Pursuant to the
and phone calls with property owners of existing units subject to affordable
law, owners of government -assisted
housing covenants or agreements. The owners were not interested in
projects cannot terminate subsidy contract,
extending the existing affordable housing covenants. Staff worked with
prepay a federally -assisted mortgage, or
LDM to provide a notice to potentially affected property owners. The notice
discontinue use restrictions without first
was mailed out on February 25, 2016.
providing an exclusive Notice of Opportunity
to Submit an Offer to Purchase. Owners
Additionally, LDM discovered that one of the expiring affordable housing
proposing to sell or otherwise dispose of a
covenants did not provide the state law required noticing to their tenants.
property at any time during the 5 years prior
In May 2017, LDM notified the owner and management of 1544 Placentia
to the expiration of restrictions must provide
Avenue and as a result, the expiration date of the affordability covenant
this Notice at least 12 months in advance
was extended to meet state law noticing requirements.
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.
4.1.6
In accordance with Government Code
Ongoing
Section 65863.7, require a relocation impact
report as a prerequisite for the closure or
Zoning Code Section 20.28.020 ensures compliance with the Government
conversion of an existing mobile home park.
Code Section. No relocation impact reports were proposed in 2017.
50
PROGRAM
STATUS
4.1.7
Participate as a member of the Orange
Ongoing
County Housing Authority Advisory
Committee and work in cooperation with the
Staff attends the quarterly meetings of the OCHA Cities Advisory
Orange County Housing Authority to
Committee.
provide Section 8 Rental Housing
Assistance to residents of the community.
Staff continually works in cooperation with the County to provide Section 8
The City will, in cooperation with the
rental housing assistance to residents.
Housing Authority, recommend and request
use of modified fair -market rent limits to
A link to the Orange County Housing Authority website has been placed
increase the number of housing units within
on the City website to provide information on the Section 8 program.
the City that will be eligible to participate in
the Section 8 program. The Newport Beach
City staff worked closely with OCHA staff to facilitate the award of the
Planning Division will prepare and
Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport
implement a publicity program to educate
Shores project (See Program 4.1.4)
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.
4.2.1
Implement and enforce the Water Efficient
Ongoing
Landscape Ordinance and Landscape and
Irrigation Design Standards in compliance
The Newport Veterans project will incorporate water -efficient landscapes.
with AB 1881 (2006). The ordinance
establishes standards for planning,
designing, installing, and maintaining and
managing water -efficient landscapes in new
construction and rehabilitated projects.
MA
51
PROG
WM
STATUS
4.2.2
Affordable housing developments that
Ongoing
receive City assistance from Community
Development Block Grant (CDBG) funds or
The Newport Veterans project and the Seaview Lutheran project will use
from the City's Affordable Housing Fund
energy efficient appliances and devices.
shall be required, to the extent feasible,
include installation of energy efficient
appliances and devices, and water
conserving fixtures that will contribute to
reduced housing costs for future occupants
of the units.
4.2.3
Investigate the feasibility and benefits of
Ongoing
using a portion of its CDBG or other local
funds for the establishment and
Continuously monitor requests for assistance and Code Enforcement
implementation of an energy conserving
quarterly reports to determine need. No projects in 2017.
home improvements program for lower-
income homeowners.
4.2.4
Maintain a process for LEED certified staff
Ongoing
members to provide development
assistance to project proponents seeking
In 2017, the City staff included one LEED accredited staff member who
LEED certification, which will in turn
was available to provide technical assistance when requested.
increase the LEED points granted to
projects.
4.2.5
To encourage voluntary green building
Ongoing
action, the City shall maintain a green
recognition program that may include public
Staff will work on construction of a new webpage that will provide
recognition of LEED certified buildings (or
recognition to LEED certified buildings by displaying their project with
equivalent certification), payment of a
pictures and their name or other information they would want advertised.
display advertisement in the local
An informational flyer is also being drafted to encourage green building
newspaper recognizing the achievements of
that will advertise the new webpage and will be provided in the public
a project, or developing a City plaque that
lobby.
will be granted to exceptional
developments.
::
52
PROGRAM
STATUS
5.1.1
Apply for United States Department of
Ongoing
Urban Development Community
Development Block Grant funds and
Through the approved Action Plans for Fiscal Year 2017-2018, the City
allocate a portion of such funds to sub-
allocated funding to the following organizations to preserve the supply of
recipients who provide shelter and other
emergency and transitional housing: Families Forward, StandUp for Kids
services for the homeless.
Orange County, and Fair Housing Foundation.
5.1.2
Cooperate with the Orange County Housing
Ongoing
Authority to pursue establishment of a
Senior/Disabled or Limited Income Repair
The City refers low-income residents to Orange County for rehabilitation of
Loan and Grant Program to underwrite all or
mobile homes, to Neighborhood Housing for first time buyer programs,
part of the cost of necessary housing
and to Rebuilding Together for handyman service for low-income and
modifications and repairs. Cooperation with
senior households.
the Orange County Housing Authority will
include continuing City of Newport Beach
The City Council awarded Affordable Housing Funds for an agreement
participation in the Orange County
with Habitat for Humanity Orange County (Habitat OC) granting up to
Continuum of Care and continuing to
$600,000 to establish a critical home repair program for lower-income
provide CDBG funding.
seniors (Senior Home Repair Program). It is estimated that approximately
30 repair projects will be completed at various locations throughout the
City. Four projects were completed in 2017 and three were in the
application process in 2017 with additional inquiries in the application
phase See Program 1.1.2).
5.1.3
Permit, where appropriate, development of
Ongoing
senior accessory dwelling "granny' units in
single-family areas of the City. The City will
In 2017, the City amended its regulations to permit the development of
promote and facilitate the development of
Accessory Dwelling Units (ADUs) in single-family residential zoning
senior accessory dwelling units by providing
districts to conform with changes in State Law. The adopted regulations
brochures and/or informational materials at
became effective on September 7, 2017. By December 2017, there were
the building permit counter, online, and
five accessory dwelling units (one new construction and four conversions)
other appropriate locations detailing the
in the plan check process under the new regulations.
benefits and the process for obtaining
approval.
53
PROG
WIVI
STATUS
5.1.4
Work with the City of Santa Ana to provide
Ongoing
recommendations for the allocation of HUD
Housing Opportunities for Persons with
The management of the HOPWA funds transferred from Santa Ana to
AIDS (HOPWA) funds within Orange
Anaheim in 2016. As a result, City staff will stay up to date on services
County.
provided with HOPWA funds and Ryan White Program funds through the
HIV Planning Council meeting agendas. If needed, City staff will attend the
related budget allocation meetings which are usually held in August or
September of each year.
5.1.5
Maintain a list of "Public and Private
Ongoing
Resources Available for 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
Ongoing
centers as a component of new affordable
housing developments, and grant additional
No projects were submitted that included the establishment of a day care
incentives in conjunction with a density
center.
bonus per the Chapter 20.32.
54
PROGRAM
STATUS
5.1.7
Encourage senior citizen independence
Complete
through the promotion of housing services
related to in-home care, meal programs,
The City provided $26,900 in CDBG funds to Age Well Senior Services Home
and counseling, and maintain a senior
delivered meals program. The Mobile Meals program provides home -
center that affords seniors opportunities to
delivered meals to individuals who are homebound due to age, illness, or
live healthy, active, and productive lives in
disability.
the City.
The City also operates the Oasis Senior Center. Services include:
• A multi-purpose center owned and operated by the City of Newport
Beach in partnership with the Friends of OASIS nonprofit dedicated to
meeting needs of senior citizens and their families.
• Classes in art, health & fitness, music & dance, foreign languages,
technology, enrichment, and much more.
• A state-of-the-art fitness center for those ages 50+ which provides a
safe, comfortable, senior -friendly exercise environment for the active
older adult including access to hire a personal trainer for
individualized programs. Separate membership required to join.
• Regularly scheduled low-cost special events and socials such as
luncheons, concerts, BBQs, a talent show and volunteer recognition.
• Travel department coordination of day and overnight trips.
• Curb -to -curb transportation program for residents of Newport Beach
ages 60+ who are no longer driving to use for medical appointments,
grocery shopping, banking, and to attend OASIS classes (fee
required).
• Social services information and referral for seniors and their families
dealing with a need for caregiver services, housing, transportation,
work resources, legal matters, and more. Informational and supportive
counseling is available to seniors and their family members on an
individual basis.
• Various health resources and screenings for seniors, including flu
shots, blood pressure, memory screenings, hearing screenings, and
health insurance counseling services.
• Regularly scheduled support group meetings at the Center to help
senior citizens and their families cope with stress, illness, life
transitions, and crises.
• 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 Age Well Senior Services.
9:L
55
PROGRAM
STATUS
5.1.8
The City shall work with the Regional
Ongoing
Center of Orange County (RCOC) to
implement an outreach program informing
Information was added to the City website under Housing Assistance
families within the City of housing and
regarding resources through the RCOC which began implementation of an
services available for persons with
outreach program. The City remains in contact with RCOC on
developmental disabilities. Information will
implementing outreach programs as they are developed. The City works
be made available on the City's website.
with the housing consultant at the RCOC. When projects are submitted
The City shall also offer expedited permit
they will be offered expedited permit processing and the possibility of fee
processing and fee waivers and/or deferrals
waivers.
to developers of projects designed for
persons with physical and developmental
disabilities.
6.1.1
Contract with an appropriate fair housing
Ongoing
service agency for the provision of fair
housing services for Newport Beach
The City contracted with the Fair Housing Foundation to provide these
residents. The City will also work with the
services. The Fair Housing Foundation provided the following trainings,
fair housing service agency to assist with
seminars, and outreach activities in the City in 2017:
the periodic update of the Analysis of
• Three Community Booths — 6/15/17, 8/1/17, and 10/21/17
Impediments to Fair Housing document
• Three Presentations -4/13/17, 5/11/17, 6/6/17
required by HUD. The City will continue to
. Two Tenant Rights Workshops — 3/1/17 and 12/7/17
provide public outreach and educational
• Two Landlord Workshops — 4/27/17 and 10/25/17
workshops, and distribute pamphlets
. Two Management Trainings — 6/1/17 and 11/21/17
containing information related to fair
housing.
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,
Ongoing
the City shall report on the status of all
housing programs. The portion of the
This annual Housing Element Report will be submitted to HCD.
Annual Report discussing Housing
Programs is to be distributed to the
California Department of Housing and
Community Development in accordance
with California state law.
92
Planning Commission - March 8, 2018
Item No. 8a Additional Materials Received
2017 General Plan Status and Progress Report
From: SPON: Stop Polluting Our Newport
To: Planning Commissioners
Subject: 2017 GENERAL PLAN STATUS AND PROGRESS REPORT (PA2007-195)
Date: Wednesday, March 07, 2018 1:48:23 PM
Attachments: SPON COMMENTS Planning Session 180226 odf
Dear Chair Koetting and members of the Planning Commission,
SPON looks forward to the Planning Comanission's thoughtful review of the state of the City's
General Plan in Item 8 on the March 8 agenda.
In connection with the Community Development Department's February 26 "Open House and
Community Forum," SPON suggested in the attached letter a number of questions related to
the City's execution of the Implementation Programs adopted in 2006. Unfortunately, the
format of that forum did not permit the hoped for dialog on most of them, and they remain
unanswered.
We hope you will consider asking some of these questions of City staff.
Appreciatively,
Dorothy Kraus
Vice President
❑®
SPON
PO Box 102 1 Balboa Island, CA 92662
www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org
Facebook SPON-Newport Beach I Twitter @SPONNewport
. .i
A 501(c)(3) non-profit public education organization working to protect and preserve
the residential and environmental qualities of Newport Beach.
qualities of Newport Beach.
Planning Commission - March 8, 2018
Item No. 8a Additional Materials Received
2017 General Plan Status and Progress Report
SPON COMMENTS FOR PLANNING DEPARTMENT OPEN FORUM — 2/26/18
Dear Director Jurj is:
Thank you very much for the opportunity to meet with and start a conversation with the
Community Development Department, and in particular its Planning Division, as there
have been so many changes in leadership recently — as well as so much interest in land
use decisions by the community.
Although there are a mind-boggling number of details we could and may want to discuss
further, for the purposes of this meeting we would like to have you consider presenting
some information about the following matters which essentially have to do with Chapter
13, the Implementation Program, of the City's General Plan.
• Starting on the first page of the Implementation Program, a Development
Management System is described which is supposed to "encompass the policy and
regulatory documents and procedures that guide land use development and resource
conservation in accordance with the goals and policies specified by the General Plan."
The word System implies a systematic approach and we wonder if you can be more
explicit about how you implement and monitor this system. In particular, how do we
ensure this System of regulatory documents reflects the citizens' (and Council's) current
vision of the City? And how do we ensure individual project applications comply with
them?
• Imp 1.2 Update and Revise the General Plan to reflect Changing Conditions and
Vision. This Implementation includes the statement that: "Fundamentally, this should
sustain the City's intentions to be a residential community, balanced with supporting
retail uses, job opportunities ....... In our view, recent developments which have been
rejected by the community do not seem to reflect attention to this policy. Many of us
believe that too often a project that is not consistent with the vision as a "residential
community" and various descriptions of what that is, is allowed to proceed through the
planning process only to result in lawsuits or referendums. Is there a way that you think
members of the residential community can be more effective at the planning level?
Planning Commission - March 8, 2018
Item No. 8a Additional Materials Received
2017 General Plan Status and Progress Report
• Imp 2.1 Amend the Zoning code for Consistency with the General Plan.
d. This Implementation states in part: "Review and amend the Code, as necessary, to
achieve specific objectives of the General Plan such as ., ..........more environmentally
sustainable buildings and site planning.". Many of us have been concerned that the City
does not yet have a Sustainability Element for our General Plan to guide the Zoning (and
Building?) Code revisions and Nancy Gardner has facilitated a planning process and
proposed element. We wonder if the Planning Department has any information as to the
status of that plan?
• Imp 3.1 Implementation of New Specific Plans. This Implementation Plans says:
"Specific Plans may also be considered to implement the regulatory planning
requirements far the residential villages for the Airport Area and the integration of the
mix of medical -related, housing, commercial and industrial uses in West Newport Mesa.
In these cases the Specific Plans would serve as an important tool to guide the
development of multiple properties into a cohesive district." In our view these two areas
especially need the guidance of a vision plan to carry out an optimal built environment
for future residents and businesses. While the specific plans for these areas are still
lacking, developers see an opportunity and bring piecemeal development plans to be
processed. The effect of that is spot zoning to benefit the developer but at the detriment
of the community in general. What can we do to make this important planning happen?
IN ADDITION TO THE ABOVE, many people in the community are concerned with the
answers to some difficult questions:
1. The development allocation tables in the General Plan, in particular Tables LUl
and LU2 of the Land Use Element, do not appear to reflect the reality of land uses
that have been approved in the City since 2006. For example, in Statistical Area
L1 (Newport Center), alone, they do not reflect the removal of office potential in
San Joaquin Plaza and its replacement with housing, the removal of the hotel
expansion opportunities promised in the General Plan and its replacement with
new office entitlements at the PIMCO and TIC HQ Tower sites, or the removal of
tennis court opportunities and their replacement with other allowed uses. Not only
does this seem to contradict the idea of the General Plan as the ultimate authority
on allowed development in the City, but it is of immediate concern to citizens,
and especially SPON, because our Greentight protections rely on those tables
being kept up to date with timely amendments reflecting each new proposal that
exceeds the limits previously approved by voters. Without that, questions of
whether a Museum House or a PIMCO Tower proposal needs a Greenlight vote
are inevitably going to lead to great public discord and legal exposure to the City.
What can citizens and the Planning Division do to bring the Land Use Tables of
the General Plan up to date to accurately reflect which limits have been approved
by voters and which have not, and put Greenlight back on its proper track?
2. Closely related to this, and assuming the General Plan allocation tables can be
brought up to date, there is a widespread concern that citizens and decision
makers have no clear picture of how close the current built environment is to the
2
Planning Commission - March 8, 2018
Item No. 8a Additional Materials Received
2017 General Plan Status and Progress Report
limits in those tables — that is, how much development potential is left — a
transparency effort that seems to have been long promised in Implementation
Program 10, Database Management and Development Tracking and Monitoring.
What progress is being made in bringing that information to citizens and decision
makers?
as well as many simpler ones, such as:
3. What is the City doing to address the concerns about mansionization? A
discussion about homes being built too big and too close together in the Cliff
Haven area was scheduled and then canceled. What is the status of that?
4. How does the City incorporate the desires of the residents into its planning
decisions?
5. City staff has indicated that they have no authority to decline an application and
have to process any application for any project that comes to them. In some cases
this seems to result in a waste of staff time which could have been avoided with
more clear policies. Are there other cities which have a better way of dealing
with that issue?
6. How can we avoid the impression of planners being advocates solely for the
development applicants?
Obviously, there are many more issues and questions to be considered as the new
year gets underway and we thank you, as always, for Planning Division staff's
willingness to meet with us as we all try to do justice to our City's future.
Sincerely,
Dorothy Kraus
Vice President, SPON
SPON
PO Box 102 1 Balboa Island, CA 92662 1 VM/Text 949.864.6616
SPONNB.oro I Facebook (d),SPONNB I YouTube
Twitter (c SPONNEWPORT I Instaaram Ca SPONNEWPORT
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
2017 General Plan Status and Progress Report
From:
Jim Mosher
7o:
Planning Commissioners
Subject:
Comments on PC agenda Item 8 (Mar. 8, 2018, agenda)
Date:
Wednesday, March 07, 2018 4:33:27 PM
Attachments:
2018March8 PC Aaendaltem8 Comments ]imMosher odf
Dear Planning Commissioners,
Please find attached some written comments on March 8's Item 8 (the General Plan
status report).
Yours sincerely,
Jim Mosher
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
2017 General Plan Status and Progress Report
March 8, 2018, Planning Commission Item 8 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( iimmosherOyahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 8. 2017 GENERAL PLAN STATUS AND PROGRESS REPORT
(PA2007-195)
This comment is in two parts because the totality of promises made in the various
Implementation Programs is rarely evident from the brief captions and examples provided in the
report (Attachment PC 2), and can instead often be discerned only by reading the full programs,
and the prefatory material leading up to them, in the Implementation Program (Attachment PC
1).
Based on a partial reading the Implementation Program, the first part of these comments
expresses my own citizen's view of the status of the City's General Plan, and its compliance
with it, much of which I think is missing from the City's report.
The second critiques the posted staff report, and, for the most part, rather than repeating what I
think is missing, notes only what seem to me errors in what is said.
Given the length of the documents being reviewed, and the complexity of the issues touched
upon within them, both sections remain incomplete, but especially Part 1.
Part 1: Thoughts on Reading Attachment PC 1 General Plan
Implementation Program (General Plan Chapter 13)
At its most basic level, the fact the City makes so little effort to maintain its General Plan in a
transparent way suggests the General Plan is not taken as seriously as it could and should be.
• No printed copies of the complete current GP appear to be available for review.
• The online version is posted in multiple PDF's (lacking individual Tables of Contents)
with most of the illustrations segregated out in separate files (but without links to them),
making it difficult to follow.
• The PDF's appear to have been prepared using subtly different formatting than the now
out -dated printed "July 25, 2006" copies held by the City's libraries, causing the page
numbers to frequently differ and making it especially difficult to tell what, if anything, in
the text has changed.
• What purports to be the online Table of Contents appears to be a facsimile of the TOC in
the 2006 library copy, which means it does not match the page numbers in the slightly
differently formatted online elements, and has no connection with such things as the
current Housing Element (twice replaced since 2006 — the most recent incarnation of
which does, to its credit, contain a TOC and the illustrations).
• It contains no place to record changes to it. Hence to discover what has changed, and
when, one has to rely on a cumbersome, non -transparent, non -self-explanatory (and
now barely functional) external list of online links to General Plan Amendments.
However, that list is incomplete, since it does not list changes to the development limits
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W:Ftftand Progress Report
and conceivably policies, rightly or wrongly, not regarded by the City as GPA's. These
include such things as staffs addition of 300,000 sf of development potential to Newport
Coast (approved with Planning Commission Resolution 2030 in 2016), and numerous
transfers and "conversions" purportedly altering the development limits listed in the GP
Land Use tables but shown nowhere in the General Plan (the failure to show these in the
tables is a very serious concern since it evades the Greenlight assumption that all
modifications to the Plan would be memorialized by amendments to it). There is also no
way for the public to know if administrative "corrections" to the plan, not discussed or
disclosed at any public meeting, have been made since 2006.
• This may be contrasted with other significant documents maintained by the City, such as
most Planned Community texts, and by other agencies, such as the JWA Access Plan,
in which each change since adoption is carefully footnoted and explained (or, for that
matter, the City's own Zoning Code, which includes extensive annotations and a
complete Ordinance List — recognizing changes can be made only by ordinance).
• The present ongoing review does not appear in the case loq of current Planning Division
activities.
Compounding this apparent lack of concern about making the current General Plan, including
the currently applicable development limits, a transparently available document, the City, in both
project approvals and reviews like this, frequently displays what appears to be an attitude
(undoubtedly common in other bureaucracies) of feeling compliance has been demonstrated if
one or more instances of compliance can be found, while failing to reflect on policy promises
that have not have been fulfilled, and worse, ignoring actions taken in clear non-compliance with
the stated policies.
To demonstrate this lax sense of the meaning of "compliance," one does not have to read
beyond the second paragraph of the introduction to the Implementation Program (Chapter 13),
as reproduced on handwritten page 5 of the staff report:
"The programs described herein may change over time" and "the General Plan Progress
Report required to be prepared annually, as described in Imp 1.3 below, should review
the continuing applicability of the programs and update this list as necessary."
Conditions have certainly changed since Chapter 13's adoption in 2006, but I find so such
review in the current Report, and to the best of my knowledge, not a single update to any
program — not even a correction of spelling or punctuation -- has ever been made. To me, that
lack of reflection hardly seems like compliance.
Regarding the specific programs described in Chapter 13 of the General Plan
(Attachment PC 1):
Imp 1.1 (handwritten page 6): Although ignored in staffs review, I have a problem with the very
first sentence: "a city's decisions regarding its physical development must be consistent with the
adopted General Plan." The Newport Beach General Plan chooses to set clear limits for
allowable development in each area, including "Anomalies". Yet the City has a recent history of
approving projects whose allowed development exceeds and is inconsistent with the stated
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W ftftand Progress Report
limits. For example, nothing in Tables LU1 and LU2 of the Land Use Element explains how 524
dwelling units could have been approved at Villas Fashion Island in Anomaly 48, or a 387,500
square foot PIMCO Tower in Anomaly 40, or the 347,552 sf Irvine Company HQ Tower in
Anomaly 39. Conversely, Table LU2 lists substantially more hotel rooms being allowed in
Newport Center than staff says are "actually' allowed. Past Community Development
Department administrations dismissed this problem by referring to the limits stated in the
General Plan as a mere "snapshot in time," with the true limits known and carefully tracked by
City staff. That does not seem to me an attitude of regarding the General Plan as the supreme
land use document, with all others subordinate to it.
As indicated earlier the failure to amend the General Plan Land Use Tables to justify approved
development is at the center of an ongoing dispute with organizations like SPON as to whether
land use approvals such as those for the 150 Newport Center or Museum House project
General Plan Amendments in Newport Center should have gone to an automatic Greenlight
vote because of earlier approvals by the Council to convert voter -approved non-residential uses
in Newport Center to 79 residential units, putting the new proposals over the Council's authority,
under Greenlight, to add at most 100 units to a statistical area over any 10 year period.
Moving on to the second paragraph, I am told the City's proposals for public works must be
reviewed each year by the Planning Commission and that the City is supposed to have a "five-
year Capital Improvement Program." Regarding the first, the last such review I recall was Item
2 on June 6, 2013. Regarding the second, does the City have a five-year Capital Improvement
Program? I know it has a longer range Facilities Financial Plan (for replacement of buildings),
but building replacements are only part of a City's project capital expenditures. And how can the
lack of Planning Commission review since 2013 be regarded as compliance with the General
Plan?
Also in that paragraph, I learn the Planning Commission is supposed to be reviewing outside
agencies plans for public works within the City limits. When was the last time the PC reviewed
a Sanitation District project? The Orange Coast College Sailing Center bridge over PCH? Or
the CdM High School Sports Complex?
Imp 1.1 likewise raises the question of how compliance of private development with the General
Plan is ensured. Given the attitude detailed above, I have to doubt the thoroughness of the
compliance testing. Does Planning staff have a systematic list of project details that need to be
compared against GP policies? And does Planning staff consider consistency with chapters
other than the Land Use Element?
In that connection, earlier reports listed the City's 2012 approval of development at Banning
Ranch as an accomplishment. This year's report mentions in passing the City's 2017 repeal of
those approvals. But it fails to mention the reason for the repeal, which was the California
Supreme Court decision in Banning Ranch Conservancy v. City of Newport Beach, 2 Cal. 5th
918 (2017) — a decision that surely should have been cause for reflection regarding the City's
land use approval process and compliance with the General Plan.
The Supreme Court found the Banning Ranch EIR failed to properly disclose likely
disagreements between the City and California Coastal Commission regarding the amount of
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W4Stftand Progress Report
environmentally sensitive habitat area on the property (the City's attitude having been to
approve the development and then let the CCC work out whether it was allowed).
The Court found the EIR was inadequate, and would have to be rejected with or without
guidance from a General Plan. As a result, it did not have to answer the question of whether
the City followed its General Plan, including its Implementation Programs. Yet, that question
was at the core of the dispute in the lower courts, where it was answered with conflicting
conclusions.
Although the trial court found the City had not followed its General Plan, in 2015, the Fourth
District Court of Appeals (in 236 Cal. App. 4th 1341) took a very narrow, and apparently
erroneous, view of the City's General Plan, noting (see 1348 in the page notations in the left
hand margin of the display) that to delineate wetlands and habit in cooperation with state and
federal agencies per Policy LU 6.5.6 the General Plan calls out Imp 14.7 ("Coordinate with the
California Resources Agency, Department of Fish and Game") and Imp 14.11 ("California Public
Utilities Commission") but not Imp 14.6 ("Coordinate with California Coastal Commission").
Surely the California Supreme Court decision should provide reason for the City to add Imp 14.6
to the procedures needed to delineate habitat, and to correct what the Fourth District Court
seemed to obtuse to observe, namely that the references to Imp 14.11 ("California Public
Utilities Commission") here, and in several other General Plan policies (LU 3.4, LU 6.3.2 and LU
6.5.3) were clearly typos, and were meant, instead, to encourage cooperation with federal
agencies — presumably Imp 14.13 ("Coordinate with United States Fish and Wildlife Service")
and possibly Imp 14.12 ("Coordinate with United States Army Corps of Engineers"), since both
of those program descriptions specifically mention Banning Ranch habitat.
And, rather shockingly, a directive to follow Imp 14.6 ("Coordinate with California Coastal
Commission" which includes the City's own obligation to find development compliant with the
California Coastal Act after certification of the LCP) does not appear to be called out as program
needed to support policies anyvd7ere in the Land Use Element of the General Plan -- although it
does appear repeatedly in the Harbor and Bay Element, and at one place in the Natural
Resources Element (Policy NR 14.3 — where an erroneous reference to Imp 14.11 appears,
once again). In fact, all the references in the body of the General Plan to Imp 14.11 ("California
Public Utilities Commission") appear to be erroneous. See, for example, HB 7.2. They seem to
have been intended to be references to either Imp. 14.12 or 14.3, or it that case possibly both.
One can only wonder how many other erroneous citations to Implementation Programs exist in
the body of the General Plan, and how many Programs are not cited as necessary to support a
policy when they really are?
More generally, the California Coastal Commission and Supreme Court decisions suggest that
to comply with the Implementation Program's commitment to continuously adapt the General
Plan to changing conditions, the entire narrative and policies regarding Banning Ranch in the
GP needs to be rethought.
Imp 1.2 (handwritten page 7): This program tells me that not just for the Implementation
Program, but for the General Plan itself, changing conditions will be reviewed and policies
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP V§tftand Progress Report
amended to retain their effectiveness, with the Public Infrastructure and Services Plans and
Public Service Programs of the IP being particularly in need of frequent review and revision.
While the Housing Element has been extensively revised twice since 2006, a very minor change
made to the Safety Element, and many amendments applied to Table LU2 of the Land Use
Element, I am not aware of any policy or other aspect of the General Plan — not even spelling or
punctuation errors — having been changed since 2006. While it is true a series of revisions was
proposed in 2014 contingent upon voter approval of the ill-fated Measure Y, the failure to
actually make any changes since 2006 — and instead rely on some future "comprehensive
update" —does not seem compliant to me.
Imp 1.3: The last sentence of the first paragraph tells me "the Report mustspecify the degree to
which the approved general plan complies vVth the General Plan Guidelines published by the
Governors Office of Planning and Research (OPR) and the date of its last revision." I am not
aware of the present report informing anyone of the date of the last revision of our City's
General Plan or the extent to which it complies with the OPR's General Plan Guidelines. And
since the OPR adopted completely new General Plan Guidelines in 2017, shouldn't that have
triggered a reassessment of whether our Plan complies with them?
Imp 2.1: Regarding the Zoning Code, this program notes "it is common practice for communities
to revise theirzoning Wthin a 12- to 18 -month time period." Newport Beach clearly missed that
target by taking four years to amend its Zoning Code to conform to the General Plan adopted in
2006. But in addition, it calls for revision of not just the Zoning Code, but also subservient
documents. When were the City's Planned Community texts checked for consistency with the
2006 General Plan? Design Guidelines? And why were the specific plans praised in the 2006
GP removed from the Zoning Code rather than expanded and refined?
Imp 3.1: The prefatory language to this program speaks with apparent pride of six existing
specific plans the Zoning Code (as of 2006) and a placeholder for one expected to be
developed for Corona del Mar. Only one of them, Santa Ana Heights, survived the 2010 update
of the Zoning Code. Why is this? And why was there no follow-through on the projected new
specific plans mentioned in Imp 3.1 (specifically, West Newport Mesa, which was not given a
"Planned Community" option, and areas near the Airport not under common ownership)?
[note: my Part 1 commentary ends here, barely into the Implementation Program, not because
I'm out of comments, but because I'm out of time]
Part 2: Thoughts on Reading Attachment PC 2 General Plan Annual Status
Report
Title page (handwritten 38), last sentence: "This report evaluates and provides the status of the
General Plan pFevieled organized by each implementation program."
Imp. 1.1 "2. In June 2017, the City Council confirmed that the 2017-2018 Fiscal Year Capital
Improvement Program (CIP) vies consistent with the General Plan when it approved the CIP
with the adoption of the budget." This is easy to say, but it does not sound right to me. I am
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W�tftand Progress Report
unable to find any mention of the words "General Plan," let alone consistency with it, in anything
related to the Council's June 13, 2017, adoption of the budget (agenda Item 14).
Imp 1.2: "Staff reviews the General Plan on an ongoing basis to ensure it is maintained to
reflect current conditions, issues, and visions." Have these reviews resulted in any actions? I
am not aware of any changes being recommended as a result of them.
Imp 1.3: See comments in Part 1, above. This program promises to report the revision date of
the City's General Plan, and the degree to which it complies with the latest OPR General Plan
Guidelines.
Imp 2.1: "Comprehensive Zoning Code Update, consistent with the General Plan, was adopted
by City Council in October 2010." The IP asks for subservient documents such as Planned
Community texts to be reviewed and updated, as well. Have they been? And regarding the
Zoning Code, it lists five specific goals the update was supposed to accomplish. Were those
goals achieved?
Imp 3.1: "Within the Airport Area, Upto wn Newport and Koll Center also elected to do a
Planned Community Development pursuant to Program 4.1." ["also" is no longer appropriate,
since the sentence before this was dropped]
Imp 4.1: "1. Uptown Newport —Approved February 2013, the Uptown Newport Planned
Community (PC) was created (fGFnmlly formerly apart of the Koll Center Planned Community)
... The construction of the first phase is underway with the building permits for the construction
of 455 apartment units including 91 affordable units wer-e issued in May 2017."
In addition, the Planning Division's Case Log lists the Newport Dunes Hotel (PA2016-175) as
seeking a PC, as well as the likely -now -abandoned request from the former ExplorOcean
(PA2014-069).
Imp 5.1: It is good to hear the City's Coastal Land Use Plan was amended in 2009 to achieve
consistency with the General Plan that had been adopted in 2006, and that it is updated as
changes are made to the GP. But based on the City's other performances, I doubt the
consistency is perfect. And I find it curious the City Library doesn't have a single printed copy of
the CLUP, old or new, in its catalog.
Imp 7.1: "The 2017 California Building Code was adopted by the City in late 2017, and vias
effective starting January 2018, as required by State Law." I do not believe this is correct. The
state Building Code is updated in three year cycles. The City's version was adopted in 2013,
and most recently as Item 4 on the Council's November 22, 2016, agenda (not 2017). 1 am
unaware of it having been replaced by a 2017 edition.
Imp 7.2: "The completion of updating the Fair Share Traffic fee has been put on hold until
direction is determined regarding various iterations proposed by the General Plan/LCP
Implementation Committee, project consultants and interested parties such as the Building
Industry Association of Orange County." To the best of my knowledge, the General Plan/LCP
Implementation Committee no longer exists. Why has no action been taken to complete this?
Imp 8.1: It is unclear why the review of codes is confined to the ones listed, which Imp 8.1 says
are simply "representative" of those needing review. Among those, the statement under "c" that
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP W ftftand Progress Report
harbor standards approved by the City Council in 2017 increased the required height of
bulkheads to +10 Mean Low Low Water (MLLW) is interesting both in that may or may not be
standard being used by the Planning Division in considering Coastal Development Permits, and
in the event of sea level rise it is expressed in a system with a changing reference point related
to the observed tides (MLLW) whereas planning approvals appear conditioned on adhering to
heights in a fixed and unchanging geographically -based system (NAVD88).
Imp 8.2: Considering the widespread concern over "mans ionization" many residents seem to
be questioning whether the design standards of "b" have been adequate to achieve the
objective of ensuring that residential redevelopment "complement[s] the character of existing
development."
Imp 9.1: The statement regarding Council Policy updates completed in 2017 is inaccurate. In
addition to the updates mentioned, as part of the August 8, 2017, Item 18, the Council accepted
a sub -committee recommendation "to revise 26, consolidate 17, and delete 16' policies.
Nothing in the report or adopting resolution indicates that consistency with the General Plan was
a consideration in that review or updating, or for that matter in the other policy updates made in
2017.
Imp 10.1: If new layers were added in 2017, it would have seemed helpful to describe what
they are.
Imp 10.2: This program requires staff to track the amount of development capacity remaining
under the current General Plan limits.
The first paragraph, saying the information is available on an as -requested basis is a significant
backtracking from last year's promise that "City staff is developing a user-friendly format that will
be posted on the Planning Division website."
The second paragraph confuses the tracking required by Imp 10.2 with the "Entitlement Tables"
which, since 2001, have been required by Council Policy A-18 implementing Charter Section
423 (Greenlight).
Both kinds of tracking are currently problematic because they relate to the development limits
(and amendments to those limits) stated in the General Plan. But the City claims development
is allowed to different a different set of limits established through non -General -Plan -amending
transfers and conversions of the stated (and in some cases, voter approved) uses — something
many citizens object to.
Imp 11.1: As indicated in the first part of this written public comment, one would certainly think
the 2017 California Supreme Court decision regarding the inadequacy of the Banning Ranch
EIR would cause the City to reflect on the adequacy of its CEQA compliance policies.
Imp 12.1: The accomplishments listed in the first sentence do not appear to be relevant to
calendar year 2017.
Imp 13.1: Should this item mention that the Museum House Development Agreement, listed as
an accomplishment in the 2016 report, was repealed in 2017?
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generg6g�V9t Rand Progress Report
Regarding the "Koll Center Newport" (actually "Koll Center Residences") project, who is doing
the negotiating? In the past an "ad hoc" City Council subcommittee was appointed for that
purpose, but I am not aware of any having been appointed in 2017.
Imp 14.1: Why has City participation in borders committees not been maintained?
Imp 14.6: What is the status of the "Fostering interest in Nature" program promised to the
Coastal Commission to mitigate for the lack of low cost visitor serving accommodations at the
Lido House Hotel?
Imp 14.7: Michelle Clemente no longer seems to be with the City.
Imp 14.8: 1 believe "Natural Resource Division" (for the Recreation and Senior Services
Department) is meant to be "Natural Resources Division" (as in Imp 14.7).
Regarding Accomplishment 3, there is a rumor that the Isopod went missing, but has been
found and restored.
Accomplishments 4 and 5 appear to be part of the same thing, and I am aware that despite this
being listed as an accomplishment, some people feel the City's commitment to Snowy Plover
habitat is inadequate near the mouth of the Santa Ana River, where unpermitted dog activity is
allowed to persist.
Imp 14.9: The two bullets appear to refer to the same thing.
Imp 14.15: "The distribution facility vas relocated to Santa Ana and Anaheim. The Mariners
Mile location maintains a drop-off box." This seems to me to be a complete misunderstanding,
triggered by the incorrect use of the term "distribution facility" in the General Plan. To the best
of my knowledge, the post office on Riverside Drive was never a regional distribution facility of
the sort found in Santa Ana and Anaheim. It was simply a post office, and as far as I know it
has not turned into a drop-off box or relocated to Santa Ana or Anaheim. It still has boxes and a
service counter and has mostly just moved to a different part of the shopping center.
Imp 14.11: As noted in the first part of these written comments, this is an interesting program in
that a number of accomplishments are listed, but none of the General Plan policies appear to
call on it to support them. It was presumably intended as a call -out to Policy NR 21.3
("Overhead Utilities"), but that policy erroneously calls on Imp 14.13 ("Coordinate with United
States Fish and Wildlife Service") and fails to cite Imp 31.1 ("Consider the Establishment of
Community Facilities and Special Assessment Districts").
These kind of errors and oversights make one wonder if staff actually regards and uses the
General Plan as an important controlling document that needs to be referred to in making day-
to-day decisions.
Since the most recent date cited in the present staff report is 2013, one has to wonder how up-
to-date that is, as well.
Imp 14.16: "California State Parks" is listed as an "Other Agency," but it earlier has its own Imp
14.8. Why is it in the Other Agencies list?
Imp 16.4: This appears to be an "Ongoing" rather a "Complete" program.
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Generq6gP Wotftand Progress Report
Imp 16.5: "The City monitors the regional Arterial Program, OCTA 's Master Plan, and the
County -wide traffic model to ensure consistency." I believe the 19`h Street bridge (over the
Santa Ana River) was removed from OCTA's Master Plan some years ago, but is still in our
Circulation Element. How is that "ensuring consistency"?
Imp 16.6: Weren't things done in 2017 regarding Newport Heights traffic and Peninsula
crosswalk striping?
Imp 16.8: The 2016 report listed the "Downtowner" as an accomplishment. Shouldn't the 2017
report indicate that service was discontinued?
Imp 16.11: The last sentence of the first paragraph is a hold -over from 2016 and should be
deleted (the topic is updated in the preceding sentence). The last sentence should be
corrected: "Bicycle racks were added to Marine Avenue creating a bicycle seracorral."
Imp 18.1: One paragraph refers to a "Sewer Master Plan" and the other to a "Wastewater
MasterPlan." Are those the same, or different?
Imp 19.1: In the first sentence, the same $5.5M total is quoted as in the previous year, even
though there were presumably changes in the list. Such a coincidence is possible, but seems
unlikely.
In the last sentence, the number of catch basins has increased compared to 2016, but the
amount of debris collected -- 538 tons — is precisely the same. Again, such a coincidence is
possible, but seems unlikely.
Imp 20.1: The first paragraph appears to be something leftover from 2016 and not relevant to
the 2017 report.
Wouldn't the Fagade Improvement Program in Balboa Village be something to list under this
program?
The West Newport Revitalization efforts of a former City Council's Ad Hoc Neighborhood
Revitalization Committee and its "CAP"s seem long ago things reported as if they happened in
2017.
Imp 20.3: "Back Bay View Park Enhancements - Upgrade voter fountain with bottle filler and
doggie bowl, add and add bike fixit station was finished in October 2017."
Imp 21.3: "For the seventh eighth year, City staff teamed up with The Orange County Water
District to provide education on how to protect our coast and waterways from trash at the 21st
Annual Children's Water Education Festival on March 29 attd39 and 30, 2017, at the University
of California, Irvine." [the 2016 report also said "seventh"]
Imp 21.4: "A joint City/County study that evaluates the costs and efficiency of current services
provided by the City and County in Newport Harbor and opportunities to realign these to reduce
costs has not been conducted to date and may be prioritized in the future based on needs and
funding." This seems very out of date. To the best of my knowledge the study never took place
(or rather, the County was found a less expensive alternative to other interested outside
bidders), but the City Manager nonetheless announced a transition to a City Harbormaster
Planning Commission - March 8, 2018
Item No. 8b Additional Materials Received
March 8, 2018, PC agenda Item 8 comments - Jim Mosher 2017 Genef%Pq 904band Progress Report
model, replacing many of the former County Harbor Patrol functions, which commenced on July
1, 2017.
Imp 23.2: "2. Bonita Greer Canyon Sports Park — Installation of Pickleball Courts at Bonita
Canyon Sports Park."
Imp 23.3: "The Recreation and Senior Services Department continuously analyzes enrollment
numbers in existing recreation programs and periodically initiate initiates community surveys
to assess the current needs of the community."
Imp 23.4:
"4. Beach volleyball nets donation, in memory of Ron Hanks and Neil Neal Cline."
"12. The City provides shuttle bus services for the Dayle Lusk, Tumble -n Kid a Kids"
"16. Health and wellness of the Oasis OASIS Senior Center clients on an as -needed basis."
Imp 29.3 (last sentence): "On December 12, 2017, the City Council adopted Ordinance No.
2017-17, which repealed..."
Imp 30.2: "3.... Commercial Piers: Study is underway with anticipated Council adoption by
Spring 2017." Didn't what was anticipated either happen or not?
Imp 31.1: The 2016 report said "staff will return to the City Council with various options for
review and direction" regarding "anew community center in West Newport." The present report
does not explain what happened to that plan.
Housing Element Annual Report
General note: Since the Housing Element Programs are presented outside the context of the
Housing Element itself, including not showing the "Responsibility" and "2014-2021 Objective"
attached to each, it is difficult to assess the accuracy or completeness of what is being reported
in the current item.
Handwritten page 72: Is it really true that halfway through the 2014-2021 cycle, the City has
not yet met its requirement to add just one new unit each in the moderate, low and very low
income housing categories?
Program 3.2.4: "The VUE Newport €erff►a✓ly formerly known as Newport Bay Marina project
was identified as an underutilized site." It might be noted the City's current Mayor does not feel
the site was underutilized, and finds VUE Newport a poor (and itself underutilized) replacement
for what was there (namely, boatyards and marine -supporting uses).
Program 4.1.7: "City staff worked closely with OCHA staff to facilitate the award of the Veterans
Affairs Supportive Housing (VASH) Vouchers to the Newport Shem Veterans project (See
Program 4.1.4)" Compared to last year's report, the name has been changed (in this way) in all
the other references to it.
Program 5.1.7: "The City also operates the Oasis OASIS Senior Center."
Planning Commission - March 8, 2018
Item No. 8c Additional Materials Received After Deadline
2017 General Plan Status and Progress Report
From:
Susan Skinner
To:
Planning Commissioners
Subject:
GP Status Report
Date:
Wednesday, March 07, 2018 10:15:02 PM
Dear Planning Commissioners:
As you prepare to vote on the General Plan Status Report tomorrow evening, I would like to
point out to you that any statement that the General Plan land use tables are up to date is
inaccurate.
May I respectfully suggest updating the land use tables prior to approving the status report?
May I also suggest that this city implement an architectural review board as many other cities
have done? When I saw the rendering of the proposed Dunes Hotel, it made me shudder. It
resembles a jail more than a hotel and it really isn't something that I think we should approve
for the center of the city in its current form. An architectural review board would presumably
be able to swat down hideous designs before they get too far along the process and would
probably make your job easier.
Finally, I wonder if I might have an update as to when we can expect a meeting on
mansionization? I've been asked that by a number of people and have to simply tell them that
you promised you would do it at some point in the future.
Thank you,
Susan Skinner
Planning Commission
New Business
March 8, 2o18
Item No. 8d - Additional Materials Presented At Meeting
2017 General Plan Status and Progress Report (PA2007-195)
IL till
4C1 1t:rn R�
ral Plan status Report
Mandated by Government Code Section 65400
Required annual report on ongoing efforts to implement the
General Plan
Report organized by General Plan Implementation Programs
Submitted to Council, OPR and HCD by April 1st
The Housing Element Report follows more specific guidelines
provided by HCD:
Annual building activity reports for new housing units;
Regional housing needs allocation progress, and
Program implementation status including local efforts to
remove governmental constraints to the maintenance,
improvement, and development of housing.
1
For more information contact:
Melinda
949-644-3221
mwhelan@newportbeachca.gov
www.newportbeachca.gov
Planning Commission - March 8, 2018
Item No. 8d - Additional Materials Presented At Meeting
2017 General Plan Status and Progress Report (PA2007-195)