HomeMy WebLinkAbout4.0_Annual General Plan Housing Element Progress Report_PA2007-195CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 7, 2019
CqC/F00.NP Agenda Item No. 4
SUBJECT: 2018 General Plan Status Report and Housing Element Annual
Progress Report (PA2007-195)
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelanCcDnewportbeachca.gov
RECOMMENDATION
1) Find the preparation, review and submission of the 2018 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 2018 General Plan Status Report, including the Housing
Element Annual Progress Report; and
3) Recommend the City Council review and authorize the submittal of the 2018 General
Plan Status Report to the California Office of Planning and Research and the submittal
of the Housing Element Annual Progress Report to the State Department of Housing
and Community Development.
2018 General Plan Status Report
Government Code Section 65400 and the City's General Plan Implementation Program
Imp 1.3 require the preparation of an annual report on the status and progress of the
General Plan implementation. Following City Council review, the report will be sent to the
Office of Planning and Research (OPR) and the Department of Housing and Community
Development (HCD) as required.
The 2018 General Plan Status Report follows preparation guidelines set forth by OPR.
The report reflects the status of the implementation measures between January 1, 2018
and December 31, 2018 ("Reporting Period"), and does not reflect changes or updates
which may have been directed in 2019. The implementation programs contained in
Chapter 13 of the General Plan are included for reference as Attachment PC 1. The 2018
General Plan Update Status Report (Attachment PC 2) is the City's self-assessment of
the status and implementation of the General Plan. The City has achieved substantial
progress in the implementation of the General Plan. Some of the progress is evident in
completed tasks such as the comprehensive Zoning Code Update in 2010; however, most
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progress is illustrated through ongoing tasks and long-term coordination efforts, with
updates highlighted for 2018.
Upcoming General Plan Update
In 2017, the City Council and staff considered commencing a comprehensive update to
the General Plan in 2018. In early 2018, it was decided the update would commence in
2019. On January 22, 2019, the City Council approved a resolution to initiate a
comprehensive review and update of the General Plan. The annual progress report
mentions this update even though the process did not officially begin until after the 2018
Reporting Period.
2018 Housing Element Annual Progress Report
Government Code Section 65400 requires that each city, including charter cities, prepare
an annual progress report (APR) on the status of the Housing Element of its General
Plan. The State Department of Housing and Community Development has provided forms
(Excel spreadsheets) and definitions to incorporate new reporting requirements pursuant
to Assembly Bill 879 and Senate Bill 35. 2018 is the first year cities and counties, including
Newport Beach, will use the new mandatory forms for the APR. The forms include six
large tables (Tables A through F), and a summary of the contents of each table is provided
below. The forms are too large to copy for this report and are available online at the
following link: www.newportbeachca.clov/APR.
Table A - Housing Development Applications Submitted
Table A provides a complete listing of all housing applications including
discretionary and ministerial permits submitted during the Reporting Period.
The following table is a summary of the net totals of Table A.
Table A Summa - 2018 Housing Development Applications Submitted
Affordabilit By Income
Total
Very -Low
Low
Moderate
Above-
Unit Type
Submitted
Moderate
Accessory
Dwelling
4
0
0
0
4
Units
Single-
0
0
0
101
101
Family
Multi-
0
0
0
28
28
Family
Total
4
0
0
129
133
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Table A2 - Annual Building Activity Summary
Table A2 is a comprehensive table that includes data on net new housing units
and developments that have received any one of the following forms of project
readiness during the Reporting Period: 1) an entitlement approval, 2) a building
permit issued, or 3) a certificate of occupancy issued. These projects are organized
by affordability level. Projects that result in a net zero or decrease in number of
units are not reported in this table.
The following table is a summary of the net totals of Table A2:
Table A2 Summa - 2018 Building Activity Summary— Net New Units
Approved Entitlements
Building Permits Issued
Certificates of
Occupancy Issued
Above-
Above-
Above -
Affordable
Moderate
Affordable
Moderate
Affordable
Moderate
Income
Income
Income
93 Very -Low
0
0
Income
398
0
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Table B - Regional Housing Needs Allocation Progress
Table B reports the number of units for which permits were issued to demonstrate
progress in meeting the City's Regional Housing Needs Allocation goal.
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 20142021 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 a total of five (5) new
dwelling units.
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Table B Summa : Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordabilit
Income
RHNA
2014'
2015'
2016'
2017'
20182
Total
Level
Allocation
to Date
Very -Low
1
0
0
0
0
93
93
Low
1
0
0
0
0
0
0
Moderate
1
0
0
0
0
0
0
Above
Moderate
2
115
197
186
716
398
1,612
Total RHNA
5
Total Units
115
197
186
716
491
1,705
Produced
Table C - Sites Identified or Rezoned to Accommodate Shortfall Housing
Need
This table does not apply to Newport Beach because the City did not have an
identified unaccommodated need of sites from a prior Housing Element planning
period. In other words, the City currently has sufficient zoning in place to
accommodate the City's five -unit RHNA.
Table D - Program Implementation Status Pursuant to Government Code
Section 65583
Table D provides the status and/or progress of implementing each Housing
Element Program for the Reporting Period. Attachment PC 3 includes a detailed
status report of each Housing Element Program. Some highlights of the program
implementation in 2018 are the following:
• The first phase of the Uptown Newport project was issued building permits for
455 units including 91 units for affordable to very -low income households. The
units are in the construction phase with anticipated completion in March 2019.
• Construction was completed for The Cove, also known as the Newport
Veterans project. This project consisted of the acquisition and rehabilitation of
an existing 12 -unit apartment building located at 6001 Coast Boulevard in the
West Newport area to create 12 low-income units for veterans and seniors.
1 Data for years 2014-2017 are based on permits finalized (certificates of occupancy issued). The 2018
APR form now requests number of units permitted.
2Due to change in reporting requirements from permits finalized to permits issued, and after consultation
with HCD staff, 2018 data includes the 455 units, including 91 very -low income units, issued in 2017 for
the Uptown Newport project to ensure proper RHNA credit is given to the City.
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The City's Senior Housing Assistance Repair Program (SHARP) continues to
successfully assist low-income seniors. Approximately $194,000 has been
spent to date assisting nine households, with eight projects completed and
one in process at the end of 2018. These projects include repairing and
weatherizing roofing, bringing landscaping up to code, repairing stairs and
railings, and replacing furnaces and windows.
Staff processed the Newport Crossings Mixed -Use project. The project
includes the development of 350 residential apartment units, including 78 units
for low-income households. The Planning Commission held a study session
on December 6, 2018, and the project was approved on February 21, 2019.
Table E - Commercial Development Bonus Approved Pursuant to
Government Code Section 65915.7
This table does not apply to Newport Beach because the City did not approve any
commercial development bonus in exchange for the development of affordable
housing during the Reporting Period since no new commercial projects were
proposed.
Table F - Units Rehabilitated, Preserved and Acquired for Alternative
Adequate Sites Pursuant to Government Code Section 65583.1(c)(2)
Table F provides the City's progress in substantially rehabilitating, converting, and
preserving affordable housing units during the Reporting Period. For Newport
Beach, this table is optional. The information provided in the table reflects the Cove
(Newport Veterans project) where 12 units were rehabilitated with partial City
funding. This for informational purposes and the rehabilitated units shown do not
count towards the City's progress in achieving its RHNA. The project included the
acquisition, rehabilitation and conversion of an existing 12 -unit apartment building
located at 6001 Coast Boulevard to provide affordable housing for 6 very -low
income veterans and 6 low-income seniors or veterans. The City contributed
$1,975,000 from the Affordable Housing Fund to assist with the project. The lease -
up of units was completed in Spring 2018, and the affordability is guaranteed
through an agreement for 55 years.
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.
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2018 General Plan Status Report and Housing Element Annual Progress Report
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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:
ILL
Melinda Whelan
Assistant Planner
ATTACHMENTS
Submitted by:
`� r' "
Jim Campbell
Deputy Community Development Director
PC 1 General Plan Implementation Program (Chapter 13)
PC 2 2018 General Plan Annual Status Report
PC 3 2018 Housing Element Program Status (Table D)
01/12/18
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2
Attachment No. PC 1
General Plan Implementation Program
(Chapter 13)
9
10
CHAPTER 13 Implementation Program
11
Implementation Proqram
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
(1mp —)•
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.
Newport Beach General Plan
12
Implementation Program
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 H storic 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 (565300), 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.
Newport Beach General Plan
3
Implementation Proqram
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 X65401). 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 w ll 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
M
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.
Newport Beach General Plan
Implementation Proqram
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.
Newport Beach General Plan
10
Implementation Program
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.
Newport Beach General Plan
molementation Proarom
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 566411. The Subdivision Ordinance regulates the design and improvement of
Newport Beach General Plan
zg
Implementation Program
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.
Newport Beach General Plan "
Implementation Proqram
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 Tide 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:
■ Tide 6, Health and Sanitation
■ Tide 9, Fire Code
■ Tide 10, Offenses and Nuisances
■ Tide 11, Recreational Activities
■ Tide 12, Vehicles and Traffic
■ Tide 13, Streets, Sidewalks, and Public Properties
■ Tide 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
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Implementation Proqram
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
TRACKING AND MONITORING
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.
1 1. 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" FIR 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 FIR 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 FIR 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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Implementation Proqram
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 party 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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Implementation Proqram
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 Coastal Act 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 Species Act, 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 (USACE) 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 USAGE, 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:
Newport Beach General Plan
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Implementation Program
■ 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
Newport Beach General Plan
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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
requited 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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Implementation Program
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
Newport Beach General Plan
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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 be 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.
Newport Beach General Plan
Implementation Program
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
Piveaboards.
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,
Newport Beach General Plan
Implementation Proqram
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 Sheriffs 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
Newport Beach General Plan
so
Implementation Program
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
3
Implementation Proqram
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
38
Implementation Program
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
34 1
Implementation Proqram
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
11111110
Implementation Program
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
Implementation Proqram
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
Newport Beach General Plan
Raj
Implementation Program
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-Geu 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 marinas, 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
ME
Attachment No. PC 2
2018 General Plan Annual Status Report
Kim
40
1
CITY OF NEWPORT BEACH
GENERAL PLAN ANNUAL STATUS REPORT
2018 Calendar Year
PART 1. GENERAL PLAN IMPLEMENTATION PROGRAMS
Consistent with Government Code Section 65400 and the City's 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 2018 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.
47
2
M
PROGRAMS
STATUS
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 2018, the City Council confirmed that the 2018-2019 Fiscal Year Capital
Improvement Program (CIP) was consistent with the General Plan when it approved the CIP
with the adoption of the budget.
For reference, in November 2012 the residents approved Measure EE a City charter
amendment. Section 707 of the City's Charter was amended eliminating the need for the
Planning Commission to recommend any proposed public works items to the City Council.
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. In
2018, the desire to update the General Plan was voiced by members of the community to the
City Council. On January 22, 2018, the City Council acted to initiate a General Plan review and
update process. A City Council appointed resident Steering Committee has been formed to
prepare a request for proposals for consultant assistance. The Committee will also guide an
open, transparent and inclusive public outreach process during 2018, called the "Listen and
Learn" process. The results of the Listen and Learn process will form the basis for potential
updates of the current General Plan. All information regarding the General Plan update including
the initiation, evaluation and process can be found on the City webpage at
https.-//wv, newportbeachca.gov/qpupdate
1.3
Prepare Annual General
Pending for 2018
Plan Progress and Housing
Element
The Annual Report for 2017 was reviewed by the City Council and submitted to OPR and HCD
Implementation Reports
in April 2018.
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.
M
3
PROGRAMS
STATUS 1
3.1
Preparation of New Specific
Not Applicable in 2018
Plans
Within the Airport Area, Uptown Newport and Koll Center elected to meet their "regulatory plan"
requirements (General Plan Policy LU 6.15.10) through a Planned Community Development
Plan as allowed pursuant to Implementation 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.
M
PROGRAMS
STATUS
4.1
New "Planned Community"
Ongoing
Development Plans
1. Uptown Newport — Approved in 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 for the construction of 462 apartment units
including 91 affordable units with anticipated completion in April 2019.
2. Koll Center Newport —. The application for the development of 260 for -sale condominium
units is currently under review by the City. A Planning Commission study session was
conducted late January 2019. A public hearing is anticipated to happen before June 2019.
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.
Due to negotiations with the Orange County Sanitation District and design implications
associated with the reconstruction of an adjacent pump facility, the project has been delayed.
The project applicant anticipates submitting applications for Site Development Review and a
Coastal Development Permit for the actual development in late 2019.
50
5
PROGRAMS
STATUS
5.1
Review and Revise Coastal
Complete and 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 to 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 2016 California Building Code was adopted by the City in late 2016, and was effective
starting January 2017, 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.
52
0
PROGRAMS _
STATUS
8.1
Review Codes and
Complete and Ongoing
Ordinances for Consistency
with the General Plan and
Codes and Ordinances are revised for consistency with the General Plan on an as -needed
Update Periodically
basis. The Zoning Code was comprehensively updated in 2010, and Subdivision Code was
updated in 2009 and 2010 for consistency with the General Plan. The following are specifically
recommended (sections from the Implementation Measure are italicized):
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 Newport Beach Municipal Code (NBMC) Section 17.40, the
City's Harbormaster's Office will conduct vessel inspections annually and implement regulations
including the maximum number of renewable annual permits. The Harbor Commission is in the
process of revisiting the entire Title 17 of the NBMC. There may or may not be changes to the
regulations and transfers of mooring permits. Proposed revisions are anticipated to be
completed through City Council by the end of 2019.
b. Regulation and transfer of mooring permit applications and titles — Managed by the City's
Harbormaster's Office on an ongoing basis. Anticipated adaption by City Council of updated
regulations is Spring or Summer of 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 Lower 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) by Code Enforcement,
Harbormaster's Office, and Building Inspectors.
52
7
PROGRAMS _
STATUS -
8.2
Prepare New Codes,
Ongoing
Ordinances, and Guidelines
The comprehensive Zoning Code update was adopted in November 2010, by the City Council.
The following are 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
pursued this initiative through the Mariners' Mile Revitalization Master Plan. The plan was
prepared but its adoption was postponed to consider its content/initiatives as part of a
comprehensive General Plan update, scheduled to begin in 2019. See Program 16.10 for an
update on Balboa Village parking.
9.1
Review City Council Policy
Ongoing
Manual for Consistency
with the General Plan
In 2018, the following City Council Policies were reviewed: all H Policies, F-2, F-6, and F-14. Per
the City Council's direction, a subcommittee was created by the Planning Commission and was
tasked with reviewing the L series (Public Works) policies. The review of all the L Policies was
completed in early 2019, with the City Council adopting the updated policies. All of the policies
were determined consistent with the General Plan.
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PROGRAMS .
STATUS _
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
fre uent basis
10.2
Maintain Development
Ongoing
Tracking and Monitoring
Program
Work is nearing completion on a comprehensive update to the citywide, parcel -specific database
that accounts for all existing development. The format of the new database includes updated
statistics for commercial floor area and residential dwelling units. 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. The updated database will be available for use
with the General Plan update.
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 on Newport Beach's Community Development Department's
Planning Division website at www.newportbeachca.gov/government/departments/community-
develo ment/ Tannin -division.
11.1
CEQA Review
Ongoing
Development and
Entitlement Ap lications
All private and public development projects are reviewed for CEQA compliance.
E
PROGRAMS .
STATUS -
12.1
Evaluate Fiscal Benefits of
Ongoing
Large Development
Proposals and Annexations
In 2018, Applied Development Economics, on behalf of the City, prepared a fiscal impact
analysis for the Harbor Pointe Senior Living and Newport Crossings Mixed -Use 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.
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 2018.
A development agreement was also prepared for the Harbor Pointe Senior Living project, which
received Planning Commission recommendation of approval on December 6, 2018, and City
Council review is scheduled for early 2019.
14.1
Adjoining Cities
Ongoing
("Borders 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
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PROGRAMS
STATUS
14.2
Coordinate with School
Ongoing
Districts
Staff works with Newport Mesa Unified School District and Coast Community College District
("School Districts") on the identification and acquisition of potential school sites and expansion of
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 Orange County 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 2017 General Plan Annual Progress Report, including the Housing Element Report, was
HCD
sent to HCD in A ril 2018.
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14.6
Coordinate with California
Ongoing
Coastal Commission
In 2018, the Coastal Commission approved a set of Local Coastal Program (LCP) "clean-up"
amendments that corrected and clarified several LCP Implementation Plan regulations. They
also approved an amendment to include regulations for Accessory Dwelling Units (ADUs)
consistent with changes in State law.
On July 11, 2018, the Coastal Commission approved a City transfer request of the
Commission's retained permit jurisdiction to the City for several properties, including the Sea
Scout Base/Orange Coast College School of Sailing & Seamanship, U.S. Coast Guard
Station/Orange County Harbor Patrol Headquarters and the Balboa Bay Club and Resort.
Bayview Heights Storm Drain Project contains jurisdictional wetlands and requires permits for
the California Coastal Commission, Army Corps of Engineers, Regional Water Quality Control
Board and California Department of Fish and Wildlife. The project is expected to be complete in
summer 2019.
Big Canyon Restoration - Phase 2A contains jurisdictional wetlands and requires permits for
the California Coastal Commission, Army Corps of Engineers with concurrence from U.S. Fish
and Wildlife Service, Regional Water Quality Control Board and California Department of Fish
and Wildlife. The project may initiate construction in fall 2019 and be substantially complete by
summer 2020.
Western Snowy Plover (WSP) Habitat Management Plan — Planning Division staff is in the
process of creating a management plan for the portions of ocean -facing beach designated as
critical habitat. Coordination with California Coastal Commission has begun and will continue
for the preparation of a revised draft plan.
14.7
Coordinate with the
Ongoing
California Resources
Agency, Department of
1. The Natural Resources Division continued work with the Irvine Ranch Conservancy,
Fish and Game (now
U.S. Fish and Wildlife, California Department of Fish and Wildlife, and the Natural
known as California
Communities Coalition to manage Upper Buck Gully. Buck Gully is part of a Habitat
Department of Fish and
Conservation Plan included in the Orange County Central Coastal Natural Communities
Wildlife)
Coalition Plan.
2. The Natural Resources Division continues to work as a partner with the University of
California, Irvine; Orange County Public Health; OC Parks; California Department of
Fish and Wildlife; and the Back Bay Science Center.
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Coordinate with the Ongoing
California Department of
Parks and Recreation The City, through its Natural Resource Division of the Recreation and Senior Services
Department, coordinates with the California Department of Fish and Wildlife, California State
Parks, the County, education, 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 2018 include the
following:
1. Natural Resource Division continued to work with various City departments on issues
concerning natural resources.
2. Natural Resource Division continued to work with 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 throughout Newport
Beach (North Star Beach, Back Bay View Park, Big Canyon, Little Corona Tidepools,
Corona del Mar State Beach, and Lower Castaways), and conducted field trips and
interpretive programs in a number of locations throughout Newport Beach.
4. The Natural Resource Division continued to work with other City departments, U.S. Fish
and Wildlife Service, California Department of Fish and Wildlife, and California State Parks
on the Western Snowy Plover Habitat Management Plan to establish a management plan to
protect the Western Snowy Plover and improve best management practices.
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14.9
Coordinate with the
Ongoing
California Department of
Transportation ("Caltrans")
The City's Public Works Department coordinates with Caltrans on an as -needed basis for the
review of improvements to the State Highway System or impacts on the system by
development:
• The City has teamed up with the Orange County Transportation Authority (OCTA) and
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 spring 2019.
• The City teamed up with Caltrans and OCTA to receive a Measure M2 grant to update
traffic signal control and communication, as well as to update the traffic signal timing
and coordination from Newport Boulevard to Jamboree Road along Coast Highway.
The project was completed in 2018, and staff will refine signal timing to improve traffic
flow with the news stem throughout 2019.
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 23rd Street and directed staff to proceed
with a Rule 20A, an undergrounding project along Balboa Boulevard. The City Council
approved five Rule 20B Utility Underground Assessment Districts upon a positive resident vote:
one in Corona del Mar, three adjacent to the Balboa Boulevard Rule 20A project, and a 2018 -
approved district for the west side of Balboa Island. Staff also continues to work with other
resident groups in Balboa Peninsula, Central Balboa Island, and Corona del Mar for possible
other Rule 206 projects.
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14.12
Coordinate with United
Ongoing
States Army Corps of
Engineers ("Corps")
1. Public Works 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. Public Works staff continues to strategize with the Corps on the next phase of dredging
the Lower Bay to the federally -approved authorized depths or below. The City is
completing all of the pre -project planning including sediment testing/approval, design,
engineering, environmental review and permitting (with Corps input) so the project will
be shovel -ready by spring 2020. Full federal funding is required before a construction
date can be established.
3. Bayview Heights Storm Drain Project contains jurisdictional wetlands and requires
permits for the California Coastal Commission, Army Corps of Engineers, Regional
Water Quality Control Board and California Department of Fish & Wildlife. The project is
expected to be completed in summer 2019.
4. Big Canyon Restoration - Phase 2A contains jurisdictional wetlands and requires
permits for the California Coastal Commission, Army Corps of Engineers with
concurrence from U.S. Fish and Wildlife Service, Regional Water Quality Control Board
and California Department of Fish and Wildlife. The project may initiate construction in
fall 2019 and be substantially complete by summer 2020.
14.13
Coordinate with United
Ongoing
States Fish and Wildlife
Service
Big Canyon Habitat Restoration and Water Quality Improvement Project — Phase 2 contains
jurisdictional wetlands and requires permits for the California Coastal Commission, Army Corps
of Engineers with concurrence from U.S. Fish and Wildlife Service, Regional Water Quality
Control Board and California Department of Fish and Wildlife. The project may initiate
construction in Fall 2019 and be substantially complete by summer 2020.
Western Snowy Plover (WSP) Habitat Management Plan — Planning Division staff is in the
process of creating a management plan for the portions of ocean facing beach designated as
critical habitat. Coordination with US Fish and Wildlife Service has occurred and will continue to
occur for the preparation of a revised draft plan.
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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) (for the relocation
The USPS distribution facility was relocated to Santa Ana and Anaheim. The Mariners Mile
of Mariners' Mile
location maintains a drop-off box.
distribution facility)
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 Southern California 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 approved in spring 2018. The City is currently applying for a Right -Of -
Way Grant with OCTA to proceed with funding for Right -Of -Way acquisition.
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16.2
Monitor Traffic Conditions
and Plan for and Fund
Improvements
Ongoing
1. Traffic Signal Modernization and Rehabilitation Programs (see Program 16.4)
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 approved in
spring 2018. The City is currently applying for a Right -Of -Way Grant with OCTA to proceed with
funding for Right -Of -Way acquisition.
The City teamed up with Caltrans and OCTA to receive 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 completed
in 2018 and staff will refine signal timing to improve traffic flow with the new system throughout
2019.
16.4
Monitor Roadway
Ongoing
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 Spring of 2019.
• City has deployed devices and is actively monitoring the flow of traffic on the Peninsula,
Coast Highway and in East Newport to monitor, allowing for quicker traffic signal outage
response and refined traffic signal timing.
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16.5
Maintain Consistency with
Regional Jurisdictions
(Caltrans and Orange
County to provide adequate
roadway infrastructure
plans and design standards
such as the Orange County
MasterPlan of Arterial
Highways)
Ongoing
The City monitors the regional Arterial Program, OCTA's Master Plan, and the Countywide
traffic model to ensure consistency. Public works staff coordinates with regional jurisdictions on
an as -needed basis. Public Works staff is currently working with the Orange County Council of
Government (OCCOG), Technical Advisory Committee (TAC), and the Southern California
Association of Governments (SCAG) in reviewing the Orange County Complete Streets
Initiative Design Manual.
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. The City has been extensively working with the Newport Heights neighborhood to
improve safety in and around area schools.
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 Irvine Avenue/Westcliff
Drive -17`h Street, Jamboree Road/University Drive-Eastbluff Drive, University Drive/La
Vida-Baypointe Drive, and Newport Center Drive/Civic Center Drive -Granville Drive traffic
signals.
2. The City deployed a responsive advanced traffic signal timing strategy on Newport
Boulevard between 21' Street and Via Lido Drive to allow the system to make automated
traffic signal timing changes in coordination with changes in Peninsula traffic flow.
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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 continued to operate a shuttle service on the Balboa Peninsula during the summer
with OCTA grant funding. The free trolley service ran from 8 a.m. to 10 p.m. on Saturdays and
Sundays through Sunday, September 2, as well as on the Fourth of July, making 22 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 second summer, the shuttles carried over 13,000 riders at an average of 729
per day, far exceeding the 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.
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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 Balboa RP3 was abandoned due to insufficient
resident support. Incorporating the Balboa Parking Management Overlay District into the City's
certified LCP will require a LCP amendment approved by the Coastal Commission. Approval of
this LCP amendment by the City is expected in the spring of 2019, but could take a year or
more at the Coastal Commission. Successful strategies may be translated to fit other
geographic areas to address their own specific parking issues.
Although the Balboa RP3 was unsuccessful, using this same strategy for the Finley Tract was
examined. Resident support is high and a Coastal Development Permit was issued by the City.
The CDP is on appeal with the Coastal Commission.
Expanding parking supply through the development of parking lots or parking structures is very
costly. The City has discussed the creation of additional parking resources in the Lido Village
and Balboa Village areas with several area business and property owners. Discussions are
ongoing.
16.11
Maintain Trails
Ongoing
The City continues to maintain existing bike paths and trails that are within the City's
jurisdiction. In 2018, the City completed City completed a bicycle lane improvement project
along Irvine Avenue. The City is embarking on projects to review and improve bicycle lanes on
MacArthur Boulevard and University Drive in fall 2019.
Bicycle racks were added to the 300 block of Marine Avenue creating a second bicycle corral.
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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.
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17.1 Maintain and Implement Ongoing
Urban Water Management
Plans and Encourage Historical Droughts followed by tremendous rains that fell in winter 2018-2019 created many
Conservation challenges for water planning and its long-term use. These drought periods followed by wet years
seem to be the new normal. Therefore, new long-term Water Use Efficiency/Conservation Bills (SB
606 (Hertzberg) and AB 1668 (Friedman)) were signed into law by Governor Brown in May 2018.
AB 1668 establishes water use objectives, standards and reporting requirements for indoor and
outdoor residential water use, commercial, industrial, and institutional (CII) landscape areas, water
losses, and other unique local uses.
SB 606 establishes urban water use objectives and reporting requirements for urban water
suppliers by requiring the City to calculate an aggregate urban water use objective. In addition, the
Bill substantially revises the requirements under the Urban Water Management Planning Act.
Specifically, requiring the City to conduct annual drought risk assessments and to submit an annual
report to Department of Water Resources. This will require a revision to NBMC Chapter 14.16
Water Conservation and Supply Level Regulations. This plan will contain elements relating to
annual drought -risk assessment procedures and refined standard water shortage levels.
In order to achieve water use standards and respond to future droughts, the City is in the process of
revising our current water conservation program and policies. This will include an allocation -based
method of conservation. This strategy is in an effort to create an equitable efficient use of water.
Below is a sample of the methodology.
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 water use estimated allocations will be calculated on a three-year running average.
The Urban Water Management Plan is updated every five years, with the next update due in 2021.
The Plan will include (but not be limited to):
• Distribution loss standards;
• Social and economic factors that drive planning;
• Identification and quantification of existing and planned sources of water over the next five years; and
• Water supply assessment for normal water year; single dry year; and five-year drought.
Historical weather patterns have been trending towards great fluctuations in California climate. Due
to the unpredictability in this climate, greater emphasis on water efficiency is the new normal. The
City is taking the opportunity to refine and build upon the lessons learned from the last drought.
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18.1
Maintain and Implement
Sewer Master Plan
Ongoing
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 closed circuit television (CCTV) program, and an
aggressive lift -station cleaning program continues.
19.1
Maintain Storm Drainage
Ongoing
Facilities
1. Storm drain facility improvements estimated at $5.15M. Projects include:
• The Arches Diversion Project — In progress 2020
• Big Canyon Project Phase 2A and 2B— In design 2018
• Bayview Heights RestorationlWetlands Project — Completed 2018
2. Street sweeping program consisted of 36,140 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 3,267 catch basins were cleaned, yielding 138 tons
of debris. A total of 435 Inlet Guards were re -installed after the winter season to assist
in keeping trash/debris from entering the storm drainsystem/bay/ocean.
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20.1 Design, Fund, and Ongoing
Construct Streetscape
Improvements 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 32nd Street fronting the former City Hall site. The project also includes a
minor realignment of 32n1 Street and changes to existing street parking spaces between
Newport Boulevard and Lafayette Avenue. Construction began in December 2017 with
completion in 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 2018, the trolley service was in operation.
• In fall 2018, the entry sign to Balboa Village was installed at Balboa Boulevard and
Adams Street.
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20.1
Design, Fund, and
Ongoing
Construct Streetscape
Improvements (continued)
West Newport Revitalization:
• 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. About half of the project was completed from Santa
Ana River to about 62nd Street in fall 2018. The second phase will be from 62nd to
Newport Boulevard and was in the design phase with the City at the end of 2018.
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.
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20.3
Fund and Construct Public
Ongoing
View Sites
Lower Sunset View Park Extension — The concept design was underway in 2018 for the
Superior bridge and parking lot expansion at the existing parking lot off Superior Avenue.
Additionally, the City has applied for grant funds for the design of an additional pedestrian
bridge across Coast Highway for Phase 2).
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, and 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 ninth 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 22nd Annual Children's Water Education Festival on March 28 and 29, 2018, 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.
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 completed in 2018. The new Corona del Mar Fire Station No. 5 and Library were in
the construction phase in 2018 and anticipated construction completion is summer 2019.
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23.1
Maintain and Update Parks
and Recreation Facility
Plans
Ongoing
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 2018, the following accomplishments were achieved:
1. Ongoing maintenance of existing facilities;
2. Renovation of Grant Howald Park - Landscape architect hired and conceptual plans
process underway;
3. Upgrades of surfacing and/or play equipment at Buffalo Hills, Mariners, 3811, Coastal Peak,
Spyglass Hill Reservoir, Begonia, Bayview, Peninsula, Orange and Newport Island Parks;
4. Lower Sunset View Park Extension — Conceptual design plans continue to be refined. Plans
include bridge from Lower Sunset View to Sunset Ridge Park and increased parking;
5. New cabinets installed at Community Youth Center; and
6. Newport Coast Community Center Gym floor renovation.
23.3
Assess Recreation Needs
Ongoing
The Recreation and Senior Services Department continuously analyzes enrollment numbers in
existing recreation programs and periodically initiates community surveys to assess the current
needs of the community.
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23.4
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 produced 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 2018:
1. Ace Programs Presentation
2. Beach Maintenance Presentation
3. City Playgrounds Presentation
4. Landscape / Parks Maintenance Presentations
5. 15 Tree Reforestations Requested
6. Seven Bench Donations Requested
7. Three Tree Donations
8. Big Canyon Nature Park Improvements — Phase 2A Concept Plan and Review
9. Special Events and Facility Rentals at OASIS Senior Center
10. Newport Harbor Baseball Association request to install temporary digital scoreboards at
Mariners and Bob Henry Parks
11. Newport Island Park — proposed landscaping request by adjacent homeowner at 3803
Marcus Avenue
12. Eagle Scout Project at Cliff Drive Park
13. Certificate presentation to retiring Director Mike Pisani and outgoing PB&R
Commissioners Tom Anderson and Ron Cole
14. Welcomed New Commissioners — Diane Daruty and Hassan Archer
15. Elections — Walt Howald, Chair/ David Granoff, Vice Chair.
16. Ad Hoc Committee Appointments — Community Service Award: Englebrecht, Granoff &
Ignatin; Council Policy B-17 Donations: Daruty, Granoff & Howald; Grant Howald
Rehabilitation: Archer, Ignatin & Howald; Sunset View: Granoff, Hayes & Ignatin; Youth
Sports Liaison: Daruty, Englebrecht & Hayes
17. Update on City's approach to trees to include trimming and public and private views
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.
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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
through the Economic Development Committee (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 the 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.
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) 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).
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28.2 Maintain Emergency Ongoing
Preparedness, Response,
and Recovery Programs On July 4, 2018, 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 Monday, September 11, 2018, 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 9, 2018, a citywide Department Operations Center drill was conducted. The drill
scenario was an earthquake and it included the Community Development, Fire, Municipal
Operations, Police and Utilities DOCS. DOC staff was challenged with tracking and deploying
resources and field staff.
On November 13 and 15, of 2018, the City held a multi -agency Emergency Operations Center
(EOC) drill. The drill was in partnership with John Wayne Airport and involved over 20 outside
agencies. The scenario simulated a commercial airplane crash in the upper Newport Back Bay.
Outside speakers were brought in to provide technical and realistic information. Newport Beach
EOC staff and all participating agencies were challenged with response and recovery tabletop
questions. The exercise was a great opportunity to engage EOC staff with outside agencies
that would respond to a local incident.
The City's Emergency Preparedness Committee (EPC) is comprised of representatives from
each department and meets monthly. The EPC works collaboratively to plan, train, and address
all city emergency management threats.
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29.1 Educate the Community 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. Significant events in 2018 include:
• Fire Service Day Open House (10/7/18)
• Green on the Green and Disaster Preparedness Expo (9/08/18)
• Fair Housing and Tenant Workshops (various dates throughout the year)
• Newport Heights Neighborhood School Traffic meeting (3/14/18)
• Tsunami Awareness Workshop (3/22/18)
• Community Development Department Open House and Community Forum (2/26/18)
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
webpage 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.
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29.2
31
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 2018:
1. Concerts on the Green — Four concerts were held during the summer. Concerts included
Matt Mauser: Celebration of Frank Sinatra; The Springsteen Experience; Tijuana Dogs; and
A Tribute to the Eagles. One concert on the Balboa Peninsula was held in Peninsula Park
featuring Southland Sings.
2. 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 the Central Library. Upon acceptance, exhibiting artists must
agree to the conditions and requirements detailed in the City Policy 1-11.
3. Newport Beach Art Exhibition — On June 16, 2018 the Arts Commission hosted the 54th
Annual Exhibition and cash prizes were awarded to artists within a number of categories. A
portion of the proceeds from the art sale funds Newport Beach community arts programs.
4. Newport Beach Arts Foundation — On October 13, 2018 the Newport Beach Arts
Foundation presented the 15" Annual Art in the Park on the Civic Green with over 125
artists and craftspeople exhibiting and selling their arts and fine crafts.
5. Master Arts and Culture Plan — The City Arts Commission is in progress of developing
goals and objectives.
6. Grants Awarded — In November 2018, the City Council awarded Cultural Arts Grants to the
following: Balboa Island Improvement Association, Baroque Music Festival, Chuck Jones
Center for Creativity, Ensign Intermediate School Dance Club, Newport Beach Film
Festival, Newport Beach Sister City Association, Newport Elementary School Foundation,
and the Pacific Symphony.
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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, and 75,000 square feet of commercial uses. On September 7, 2016, the California
Coastal Commission denied a coastal development permit for the project. 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.
30.1
Maintain Annual Budgets
Ongoing
for City Services and
Improvements
Annual budgets are maintained and reviewed by the City Council annually. A Capital
Improvement Plan (CIP) is included in the annual budget approved by City Council each year.
In June 2018, the City Council approved the budget and CIP.
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30.2
Administer Impact and User
Ongoing
Fees (Development Impact
Fees, Park Dedication and
1. Development impact fees including fair share traffic fees are assessed for each
In -Lieu Fees, and Tideland
development project. The completion of updating the Fair Share Traffic fee has been put on
Revenue Fees)
hold (see Program 7.2).
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. Piers:
• Residential Piers: Rates are reviewed and adjusted annually by Consumer Price
Index (CPI).
• Commercial Piers: Commercial rates are fully phased in and will be adjusted
annually by CPI.
4. Moorings:
• Rates — Annual mooring rates are updated to be based on the CPI. Rates will be
assessed in January of each year.
• Regulations - The City Council updated its rates for sub -permittees in January 2018
and added a host of other fees for the newly established Harbor Department.
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 16'" 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.
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Attachment No. PC 3
2018 Housing Element Program Status
(Table D)
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TABLE D. 2018 HOUSING ELEMENT PROGRAM IMPLEMENTATION STATUS PURSUANT TO
GOVERNMENT CODE SECTION 65583
PROGRAM
STATUS
1.1.1
Improve housing quality and prevent
Ongoing
deterioration of existing neighborhoods by
strictly enforcing building code regulations
The building inspectors and code enforcement officers continually enforce
and abating code violations and
code regulations, abatement violations, and nuisances. A quarterly report
nuisances.
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 for details.
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PROQWM STATUS
1.1.2 Investigate the use of federal funds and Ongoing
local funds, including Community
Development Block Grants (CDBG) and On April 29, 2015, the City published Request For Proposal (RFP) No. 15 -
the Affordable Housing Fund, to provide 55 for use of the City's Affordable Housing Fund toward affordable housing
technical and/or financial assistance, if development or programming. Three projects received approval of the
necessary, to existing lower- and funding from City Council on November 24, 2015, and updates on project
moderate -income, owner -occupants of implementation for 2018 are as follows:
residential properties through low-interest
loans or emergency grants to rehabilitate 1. An agreement with Community Development Partners granting
and encourage the preservation of existing $1,975,000 to assist with the acquisition, rehabilitation and
housing stock. conversion of an existing 12 -unit apartment building located at
6001 Coast Boulevard 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. The lease -up of the units were
completed in 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 low-income seniors. There has been
$194,000 spent with eight projects completed and one in the
process at the end of 2018. These projects include repairing and
weatherizing roofing, bringing landscaping up to code, repairing
stairs and railings, and replacing furnaces and windows.
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 low-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 upgrades to existing
bathrooms. The design and permits were approved late 2016 and
construction was underway throughout 2017. By spring 2018 all 100
units were complete. The grant agreement extended the
affordability requirement through 2069. Subsequent to the grant,
Seaview Lutheran decided to not pursue the remaining $800,000 for
a loan agreement. Therefore, this money remains in the City's
affordable housing account. oa
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PROGRAM
STATUS
1.1.3
Require replacement of housing
Ongoing
demolished within the Coastal Zone when
housing is or has been occupied by very
The City uses Newport Beach Municipal Code (NBMC) Chapter 20.34
low—, low-, and moderate -income
Conversion or Demolition of Affordable Housing by monitoring demolition
households within the preceding 12
requests and permits. No applicable projects were submitted in 2018.
months. The City shall prohibit 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
This City report allows the City to verify that its residential buildings meet
of building and zoning ordinances by
zoning and building code requirements, life safety requirements as set forth
providing a report to the all parties involved
by the City's Municipal Code, and fulfill the State's requirement that all
in a transaction of sale of residential
homes have both smoke detectors and seismic strapping of water heaters
properties, and providing an opportunity to
(California Health and Safety Code, Section 19211). In 2018, there were
inspect properties to identify potentially
1,059 RBRs processed.
hazardous 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.
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PROGRAM
STATUS
2.1.1
Maintain rental opportunities by restricting
Ongoing
conversions of rental units to
condominiums in a development
A vacancy rate survey is completed upon receiving an application for the
containing 15 or more units unless the
conversion of 15 or more rental units to condominiums. No projects of 15 or
vacancy rate in Newport Beach for rental
more units were submitted in 2018.
housing is an average of 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.
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
Ongoing
the issuance of tax-exempt mortgage
revenue bonds to facilitate and assist in
The issuance of tax-exempt mortgage revenue bonds is project driven, and
financing, development and construction of
the developer typically applies for the bonds. No applications were
housing affordable to low and moderate-
received.
income 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 for 2018 and the report
households.
for the City's income- and rent -restricted units by LDM Associates
consultant found all units in compliance.
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PROGRAM
STATUS
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 assisted as a liaison between the applicant and the
are affordable to extremely low-income
Building Division to assist in resolving Building Code issues during the plan
households. To be eligible for a fee waiver,
check process for the Seaview Lutheran Plaza Project and assisted with
the units shall be subject to an affordability
coordinating plan check and expediting permitting for the Newport Veterans
covenant for a minimum duration of 30
project.
years. The affordable units provided shall
be granted a waiver of park in -lieu fees (if
applicable) and traffic fairshare fees.
2.1.6
Affordable housing developments
Ongoing
providing units affordable to extremely low-
income households shall be given the
See status of Program 1.1.2.
highest priority for use of Affordable
Housing Fund monies.
2.2.1
Maintain a brochure of incentives offered
Ongoing
by the City for the development of
affordable housing including fee waivers,
A brochure is maintained and provided on the City website and in the
expedited processing, density bonuses,
public lobby.
and other 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.
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PROGRAM
STATUS
2.2.3
For new developments proposed in the
Ongoing
Coastal Zone areas of the City, the City
shall follow Government Code Section
The City uses NBMC Chapter 20.34 Conversion or Demolition of Affordable
65590 and Title 20.
Housing by monitoring demolition requests and permits.
One applicable project (PA2018-051) was submitted in 2018, requesting
the demolition of four units; none of the four units were found to be
occupied by low- or moderate -income households.
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 has
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 is
Area, Newport Mesa, Newport Center,
maintained at the public counter in Bay C at the Civic Center and on the
Mariners' Mile, West Newport Highway,
City website.
and Balboa Peninsula areas.
2.2.6
Participate in other programs that assist
Ongoing
production of housing.
City staff attends Orange County Housing Authority (OCHA) Cities Advisory
Committee meetings to keep up-to-date with programs that assist in the
production of housing.
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PROGRAM
STATUS
2.2.7
New developments that provide housing
Ongoing
for lower-income households that help
meet regional needs shall have priority for
In 2017, the Newport Crossings Mixed -Use project, a 350 -dwelling unit
the provision of available and future
mixed-use development, was submitted within the Airport Area under the
resources or services, including water and
Residential Overlay of the Newport Place Planned Community. The
sewer supply and services.
proposed project includes 78 low-income dwelling units. The Draft
Environmental Impact Report prepared for the project was released for a
45 -day public review period on November 30, 2018, and concludes that
adequate water and sewer capacity exist to support the development. The
Planning Commission held a study session on December 6, 2018, with
project review scheduled for early 2019.
2.2.8
Implement Chapter 20.32 (Density Bonus)
Ongoing
of the Zoning Code and educate interested
developers about the benefits of density
Implemented as projects are submitted. Density Bonus information and
bonuses and related incentives for the
incentives are included in an informational brochure available to the public.
development of housing that is affordable
to very low-, low-, and moderate -income
In 2017, the Newport Crossings Mixed -Use project, a 350 -dwelling unit
households and senior citizens.
mixed-use development, was submitted within the Airport Area under the
Residential Overlay of the Newport Place Planned Community. In
exchange for providing 78 units affordable to low-income households, the
developer has requested a density bonus of 91 units (35%), an incentive
to allow for flexibility with unit mix, and a development waiver of building
height. The Draft Environmental Impact Report prepared for the project
was released for a 45 -day public review period on November 30, 2018.
The Planning Commission held a study session on December 6, 2018,
with project review scheduled for early 2019.
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 were
project, where housing opportunities are
submitted in 2018.
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 Housing Assistance
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.
As mentioned in Program 2.2.8, the Newport Crossings Mixed -Use project
includes 78 units affordable to low-income households, and the developer
has requested a density bonus of 91 units (35%), an incentive to allow for
flexibility with unit mix, and a development waiver of building height.
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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
City Council on a project -by -project basis. Staff received information from
waiver of application and development
the Department of Housing and Community Development (HCD) on
fees or modification to development
examples of pre -approved incentive programs from the City of Los Angeles
standards (e.g., setbacks, lot coverage,
and the City of Anaheim. Staff will continue research with HCD to develop
etc.).
pre -approved incentives.
As mentioned in Program 2.2.8, the Newport Crossings Mixed -Use project
includes 78 units affordable to low-income households, and the developer
has requested a density bonus of 91 units (35%), an incentive to allow for
flexibility with unit mix, and a development waiver of building height.
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 when
rezoned properties shall be added to the
determined to be compatible and feasible. When approved, these sites are
list of sites for residential development.
mapped for residential uses on both the Zoning District Map and General
Plan Land Use Map.
In 2018, one project (Saunders GPA) was under review consisting of
rezoning of nonresidential property to mixed-use land uses, including up to
329 residential units.
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PROGRAM
STATUS
3.2.2
Recognizing that General Plan Policy
Ongoing
LU6.15.6 may result in a potential
constraint to the development of affordable
The Residential Overlay of the Newport Place Planned Community
housing in the Airport Area, the City shall
implements this program by providing an exception to the 10 -acre site
maintain an exception to the minimum 10-
requirement for residential development projects in the Airport Area that
acre site requirement for projects that
include a minimum of 30 percent of the units affordable to lower income
include a minimum of 30 percent of the
households.
units affordable to lower-income
households. It is recognized that allowing a
In 2017, the Newport Crossings Mixed -Use project, a 350 dwelling unit
smaller scale development within an
mixed-use development was submitted within the Airport Area under the
established commercial and industrial area
Residential Overlay. In exchange for providing 78 units affordable to low -
may result in land use compatibility
income households, the project is eligible for the 10 -acre site requirement,
problems and result in a residential
a 91 -unit density bonus, and development incentives and waivers. The
development that does not provide
application includes a Site Development Review to ensure that the
sufficient amenities (i.e. parks) and/or
sufficient amenities and neighborhood integration improvements are
necessary improvements (i.e. pedestrian
provided. As proposed, the project provides extensive on-site recreational
walkways). Therefore, it is imperative that
amenities, including separate pool, entertainment, and lounge courtyards
the exception includes provisions for
with eating, seating, and barbeque space; a rooftop terrace; a fifth -level
adequate amenities, design considerations
view deck; a club room for entertainment and gatherings; and a fitness
for the future integration into a larger
facility. In addition, a 0.5 -acre public park is proposed to be constructed
residential village, and a requirement to
and dedicated to the City, and a public plaza is located in front of the retail
ensure collaboration with future developers
shops facing the main corner of the project at Corinthian Way and
in the area.
Martingale Way that will provide additional informal areas that residents
can take advantage of.
92
11
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
sufficient to provide for the City's share of the regional housing need
site identification and entitlement
allocation to provide realistic opportunities for the provision of housing to all
processing. The City will support
income segments within the community. Appendix H3 can be found in the
developers funding applications from other
Housing Element available at the Planning Division or online at
agencies and programs. The City will post
http://www.newi)ortbeachca.gov/index.aspx?page=2087
the Sites Analysis and Inventory on the
City's webpage and marketing materials
The City has completed the following:
for residential and mixed-use opportunity
sites, and will equally encourage and
1. A user-friendly Sites Analysis and Inventory is on the City's website.
market the sites for both for -sale
2. A brochure is available on the website and in the public lobby that
development and rental development. To
promotes the incentives and opportunities for affordable housing
encourage the development of affordable
projects, which includes information of the City's Sites Analysis and
housing within residential and mixed-use
Inventory.
developments, the City shall educate
3. A layer and note have been added in the City's Geographic Information
developers of the benefits of density
System (GIS) to identify sites within the inventory to assist staff in
bonuses and related incentives, identify
providing information to interested developers.
potential funding opportunities, offer
expedited entitlement processing, and
The City will encourage density bonus and offer incentives to interested
offer fee waivers and/or deferrals.
developers.
93
12
PROGRAM
STATUS
3.2.4
The City will monitor and evaluate the
Ongoing
development of vacant and
underdeveloped parcels on an annual
In 2018, construction began the development of the Plaza Corona del Mar
basis, and report the success of strategies
project, six detached residential condominiums units on an identified vacant
to encourage residential development in its
site in Corona del Mar.
Annual Progress Reports required
pursuant to Government Code 65400. If
The City also has significant projects on sites identified as underutilized:
identified strategies are not successful in
Uptown Newport was approved in February 2013, for the
generating development interest, the City
construction of up to 1,244 residential units, 11,500 square feet of
will respond to market conditions and will
retail commercial, and 2.05 acres of park space. The Uptown
revise or add additional incentives.
Newport Planned Community 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. Construction of the first phase of the project (455 apartment
units, including 91 affordable units) occurred in 2018 with
anticipated completion in March 2019.
• The Newport Crossings Mixed -Use project is located on a site
identified as underutilized. The project was submitted in 2017 and
was under review in 2018. The project includes the development of
350 residential apartment units, including 78 units for low-income
households. The Planning Commission held a study session on
December 6, 2018, with project review scheduled for early 2019.
• Koll Center Residences is an active application for the development
of 260 for -sale condominium units located on a site identified as
underutilized. The application is currently under review by the City.
A Planning Commission study session was scheduled for early
2019.
94
13
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
affordable housing funds, the City and LDM Associates reached out to the
available, and to encourage the extension
owners of the existing affordable housing units within the City and there
of the affordability agreements for the
was no interest to extend the existing affordable housing covenants except
developments listed in Table H12 beyond
from 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
The City of Newport Beach is registered as a Qualified Preservation Entity
from 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.
95
14
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
available in the public lobby and information is posted on the City website.
to assist tenants and prospective tenants
to acquire additional understanding of
housing law and related policy issues.
4.1.4
Investigate availability of federal, state, and
Ongoing
local programs and pursue these
programs, if found feasible, for the
The City attends OCHA meetings and has continued to investigate
preservation of existing lower-income
available programs and evaluate the feasibility of participating in such
housing, especially for preservation of
programs.
lower-income housing that may convert to
market rates during the next 10 years. In
The Newport Veterans project worked directly with OCHA to obtain
addition, continually promote the
project -based Veterans Affairs Supportive Housing (VASH) vouchers.
availability of monies from the Affordable
Orange County is provided VASH vouchers which are distributed to the
Housing Fund as a funding source for the
Cities via OCHA. The project was awarded the project -based VASH
preservation and rehabilitation of lower-
vouchers in 2016. Renovations of the units began in 2017 and lease -up of
income housing. A list of these programs,
the project -based voucher units was complete in spring 2018.
including sources and funding amounts,
will be identified as part of this program
Additionally, the project received Veterans Housing and Homelessness
and maintained on an ongoing basis.
Prevention (VHHP) funding through the Department of Housing and
Community Development.
15
PROGRAM
STATUS
4.1.5
The City shall inform and educate owners
Ongoing
of affordable units of the State
Preservation Notice Law (Government
Staff and consultant LDM Associates ("LDM") were able to coordinate
Code Section 65863.10-13), if applicable.
meetings and phone calls with property owners of existing units subject to
Pursuant to the law, owners of
affordable housing covenants or agreements. The owners were not
government -assisted projects cannot
interested in extending the existing affordable housing covenants. Staff
terminate subsidy contract, prepay a
worked with LDM to provide a notice to potentially affected property
federally -assisted mortgage, or discontinue
owners. The notice was mailed out on February 25, 2016.
use restrictions without first providing an
exclusive Notice of Opportunity to Submit
Additionally, LDM discovered that one of the expiring affordable housing
an Offer to Purchase. Owners proposing to
covenants did not provide the state law required noticing to their tenants. In
sell or otherwise dispose of a property at
May 2017, LDM notified the owner and management of 1544 Placentia
any time during the 5 years prior to the
Avenue and as a result, the expiration date of the affordability covenant
expiration of restrictions must provide this
was extended into 2018 to meet state law noticing requirements. In 2018
Notice at least 12 months in advance
the following covenants for affordable housing expired and staff was unable
unless such sale or disposition would
to reach an agreement to extend the affordability agreements:
result in preserving the restrictions. The
intent of the law is to give tenants sufficient
. 849 West 15t1 Street - 15 units
time to understand and prepare for
. 1544 Placentia — 25 units
potential rent increases, as well as to
. 843 West 1511 Street — 65 units
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
reservation 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
Zoning Code Section 20.28.020 ensures compliance with the Government
closure or conversion of an existing mobile
Code Section. No relocation impact reports were proposed in 2018.
home park.
9:7
16
PROGRAM
STATUS
4.1.7
Participate as a member of the Orange
Ongoing
County Housing Authority Advisory
Committee and work in cooperation with
Staff attends the quarterly meetings of the OCHA Cities Advisory
the 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
A link to the Orange County Housing Authority website has been placed on
limits to increase the number of housing
the City website to provide information on the Section 8 program.
units within the City that will be eligible to
participate in the Section 8 program. The
City staff worked closely with OCHA staff to facilitate the award of the
Newport Beach Planning Division will
Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport
prepare and implement a publicity program
Shores project (see Program 4.1.4).
to educate and encourage landlords within
the City to rent their units to Section 8
Certificate holders, and to make very low-
income households aware of availability of
the Section 8 Rental Housing Assistance
Program.
4.2.1
Implement and enforce the Water Efficient
Ongoing
Landscape Ordinance and Landscape and
Irrigation Design Standards in compliance
The Newport Veterans project incorporates water -efficient landscaping.
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.
17
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
from the City's Affordable Housing Fund
incorporated the use of energy efficient appliances and lighting.
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.
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 2018, the City staff included one Leadership in Energy and
LEED certification, which will in turn
Environmental Design (LEED) accredited staff member who was available
increase the LEED points granted to
to provide technical assistance when requested.
projects.
4.2.5
To encourage voluntary green building
Ongoing
action, the City shall maintain a green
recognition program that may include
Staff will work on construction of a new webpage that will provide
public recognition of LEED certified
recognition to LEED certified buildings by displaying their project with
buildings (or equivalent certification),
pictures and their name or other information they would want advertised.
payment of a display advertisement in the
An informational flyer is also being drafted to encourage green building that
local newspaper recognizing the
will advertise the new webpage and will be provided in the public lobby.
achievements of a project, or developing a
City plaque that will be granted to
exceptional developments.
W
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 2018-2019, 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, Second Chance
services for the homeless.
Orange County, and Fair Housing Foundation.
5.1.2
Cooperate with the Orange County
Ongoing
Housing Authority to pursue establishment
of a Senior/Disabled or Limited Income
The City refers low-income residents to Orange County for rehabilitation of
Repair Loan and Grant Program to
mobile homes, to Neighborhood Housing for first time buyer programs, and
underwrite all or part of the cost of
to Rebuilding Together for handyman service for low-income and senior
necessary housing modifications and
households.
repairs. Cooperation with the Orange
County Housing Authority will include
The City Council awarded Affordable Housing Funds for an agreement with
continuing City of Newport Beach
Habitat for Humanity Orange County (Habitat OC) granting up to $600,000
participation in the Orange County
to establish a critical home repair program for low-income seniors (Senior
Continuum of Care and continuing to
Home Repair Program). It is estimated that approximately 30 repair
provide CDBG funding.
projects will be completed at various locations throughout the City. To date,
there have been nine projects, including eight already completed. There is
money remaining in this program and applications are currently being
accepted 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 and 2018, the City amended its regulations to permit the
promote and facilitate the development of
development of Accessory Dwelling Units (ADUs) in single-family
senior accessory dwelling units by
residential zoning districts to conform with changes in State Law. In 2018,
providing brochures and/or informational
there were six approved ADUs and three additional ADUs were in the
materials at the building permit counter,
permit process.
online, and other appropriate locations
detailing the benefits and the process for
obtaining approval.
100
19
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
No projects were submitted that included the establishment of a day care
additional incentives in conjunction with a
center.
density bonus per the Chapter 20.32.
101
P
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 $25,000 in CDBG funds to Age Well Senior Services Home
and counseling, and maintain a senior
delivered meals program. The Mobile Meals program provides home -delivered
center that affords seniors opportunities to
meals to individuals who are homebound due to age, illness, or disability.
live healthy, active, and productive lives in
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 and older 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, barbecues, 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 and older 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.
102
21
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
waivers.
deferrals 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 2018:
the periodic update of the Analysis of
• Two Community Booths— 10/20/18 and 11/17/18
Impediments to Fair Housing document
. Two Tenant Rights Workshops —4/19/18 and 11/7/18
required by HUD. The City will continue to
. Two Landlord Workshops — 3/27/18 and 8/30/18
provide public outreach and educational
. Two Management Trainings — 6/25/18 and 9/20/18
workshops, and distribute pamphlets
containing information related to fair
Pamphlets containing information on Fair Housing and Dispute Resolution
housing.
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.
103
Planning Commission - March 7, 2019
Item No. 4a Additional Materials Received
Annual General Plan/Housing Element Progress Report (PA2007-195)
March 7, 2019, Planning Commission Item 4 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( iimmosher(o),vahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 4. ANNUAL GENERAL PLAN/HOUSING ELEMENT
PROGRESS REPORT 2018 (PA2007-195)
In my view, this is an item that has never been given the attention it deserves. With the City
embarking on a General Plan Update, it seems more important than ever.
Since Implementation Program 1.3 ("Prepare Annual General Plan Progress and Housing
Element Implementation Reports", GP page 13-5, staff report handwritten page 15) says "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," one might hope it would provide one of the key pieces to the puzzle:
namely, the degree to which our present General Plan needs to be updated due to changes in
state law.
Unfortunately, the report to be submitted by this City fails to deliver on that promise. The only
information it provides in response to this mandate from Imp. 1.3 is the terse statement on
handwritten page 48 that "The Annual Report for 2017 was reviewed by the City Council and
submitted to OPR and HCD in April 2018" (and that an annual report is "Pending for 2019').
That sheds no light that I can detect on when our general plan was last revised and whether it
complies with the current state guidelines.
Indeed, these reports fail to deliver, as well, on the promise in the second paragraph on GP
page 13-2 (handwritten page 12) that Imp. 1.3 will provide a mechanism to review the
Implementation Program itself, and make updates to it as necessary. In particular, had Imp. 1.3
been reviewed, it would have been discovered that its opening statement ("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)") has been
obsolete since at least 2008. There no longer is a "§65400(b)(1)." The requirement to submit an
annual report by April 1 (with, it would appear, a 60 -day grace period) is currently found,
instead, in Gov. Code Sec. 65400(a)(2). [what is meant by the reference to "Section
65400(a)(2)(c)" on handwritten page 47 is even more mysterious]
In past years I have made much more extensive comments about these reports than I feel I
have the energy to do today.
As previously noted, Imp. 1.1 ("Ensure that Private Development and Capital Improvements are
Consistent with the General Plan," GP pages 13-3 to 4, handwritten pages 13 to 14) assures the
public that pursuant to state law the Planning Commission will review City's proposed public
works for consistency with the General Plan. The report's response to Imp. 1.1, on handwritten
page 48, assures us that a requirement to do that was deleted from the City Charter in 2012.
These requirements have not, however, ever been deleted from the General Plan.
Planning Commission - March 7, 2019
Item No. 4a Additional Materials Received
Annual General Plan/Housing Element Progress Report (PA2007-195)
March 7, 2019, PC agenda Item 4 comments - Jim Mosher Page 2 of 2
The report's response to Imp. 1.1 further assures the public and the state that "In June 2018,
the City Council confirmed that the 2018-2019 Fiscal Year Capital Improvement Program (CIP)
was consistent with the General Plan when it approved the CIP with the adoption of the budget."
To the best of my knowledge, the Council made no review of the CIP's consistency with the
General Plan. The FY2018-19 budget was adopted by Council Resolution No. 2018-38 on June
12, 2018. 1 can find no mention of any such review in the resolution or the staff report.
The present report does little to increase confidence when in response to Imp. 1.2 ("Update and
Revise the General Plan to Reflect Changing Conditions and Visions," also on handwritten page
48) it says (in two places) "2018" when it seems to mean "2019." Nor, even after correction of
the years, does the response explain why the needs for updating spelled out in Imp. 1.2 (GP
page 13-4, handwritten page 14) have been largely ignored.
Regarding Imp. 2.1 ("Amend the Zoning Code for Consistency with the General Plan"), as noted
in previous years the statement on handwritten page 48 that "Comprehensive Zoning Code
Update, consistent with the General Plan, was adopted by City Council in October 2010" does
not mean the program is "Complete." Even a cursory reading of the actual Imp. 2.1 (GP page
13-5, handwritten page 15) indicates the term "Zoning Code' was to have included documents
subsidiary to it, such as Specific Plans and Planned Community Development Plans. Despite
that, it does not appear all, or even most, Planned Community texts have been reviewed or
amended for consistency with the current General Plan. For example, it is my understanding the
Koll Center PCD still needs to be amended to allow for the residential development assigned to
it by the General Plan in 2006.
The status report for Imp. 3.1 ("Preparation of New Specific Plans," handwritten page 49)
continues to fail to explain why the City repealed all but one of the specific plans that existed in
2006 (and were lauded in the General Plan), and failed to create any of the ones recommended
in Imp. 3.1 (GP page 13-7, handwritten page 17).
My comments on the remainder of the report would be much as they have been in previous
years. One new thing I don't understand is the comment on handwritten page 3 regarding the
new Housing Element forms, of which it says "The forms are too large to copy for this report and
are available online at the following link: www.newportbeachca.gov/APR." Yes, they maybe
difficult to read, but the PDF at that location is just 15 pages in length, and 5 of those pages
appear to duplicate handwritten pages 83 to 103. It would not have seemed difficult to add
those to a report that is already 103 pages long.
Planning Commission
March 7, 2019
Item No. 4b Additional Materials Presented At Meeting
Annual General Plan /Housing Element Progress Report For 2018 (PA2007-195)
201$
ral Plan Status Report
Annual report on ongoing efforts to implement the
General Plan for the 2018 calendaryear
■ Report organized by General Plan Implementation
Programs (Chapter 13)
Ongoing tasks
Long-term coordination between agencies
■ Submitted to Council, OPR and HCD by April 1St
New mandatory forms show:
All housing development applications submitted
Building activity for all net new housing units and
developments
Construction activity meeting RHNA
Program implementation status including local efforts to
remove governmental constraints to housing
Table A Summary - 2018 Housing Development Applications Submitted
Affordability By Income
Certificates of Occupancy
Approved Entitlements
Building Permits Issued
Above-
Unit Type
Total Submitted
Very -Low
Low
Moderate
Moderate
Above -
Accessory
Moderate
Affordable
Moderate
Affordable
Moderate
Dwelling
4
0
0
0
4
Units
0
93
405
0
4
Single-
0
0
0
101
101
Family
Multi-
0
0
0
28
28
Family
Total
4
0
0
129
133
Table A2 Summary - 2018 Building Activity Summary — Net New Units
Certificates of Occupancy
Approved Entitlements
Building Permits Issued
Issued
Above-
Above-
Above -
Affordable
Moderate
Affordable
Moderate
Affordable
Moderate
Income
Income
Income
0
0
93
405
0
4
Table B Summary: Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
Income Level
RHNA Allocation
2014-2017
2018
Total to Date
Very -Low
1
0
93
93
Low
0
0
0
Moderate
0
0
0
Above Moderate
2
1214
405
1,612
Total RHNA
5
-
-
-
Total Units Produced
1214
498
1,712
Planning Commission - March 7, 2019
Item No. 4b Additional Materials Presented At Meeting
Annual General Plan /Housing Element Progress Report For 2018 (PA2007-195)
Highlights of HE Implementation
I -06F Awl
��
Ar
Senior Housing Assistance Repair Program (SHARP) — On -Going
Approximately $194,00o has been spent to date SHARP
9 households assisted i n 2 018 Senior Home Assistance Repair program
Newport Crossings Mixed -Use project - City Review
35o apartment units, including 78 units for low-income households
Planning Commission approved on February 21, 2019
■ January 2019— City Council initiates GP review
and update
General Timeline — now through end of 2021
7 -member Steering Committee
Listen and Learn later this year
Future 25-30 member GPAC
General Plan
Single file with all elements now available
Table LU2- Post 2oo6 Update Transfer Table
available March 20th
Planning Commission - March 7, 2019
Item No. 4b Additional Materials Presented At Meeting
Annual General Plan /Housing Element Progress Report For 2018 (PA2007-195)
1
For more information contact:
Melinda Whelan
949-644-3221
mwhelan@newportbeachca.gov
www.newportbeachca.gov