Loading...
HomeMy WebLinkAbout3.0_General Plan Annual Progress Report and Housing Element Report For 2023_PA2007-195CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 7, 2024 Agenda Item No. 3 SUBJECT: PLANNER: General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Melinda Whelan, Assistant Planner 949-644-3221, mwhelan@newportbeachca.gov SUMMARY The General Plan Annual Progress Report and Housing Element Report are documents reviewed by the Planning Commission and City Council that summarizes the City of Newport Beach’s progress with implementing the goals, policies, and programs of the General Plan and specifically, the Housing Element. The report covers the period from January through December of each calendar year. The current report expansively covers the City’s activities in 2023. RECOMMENDATION 1)Find the preparation, review and submission of the 2023 General Plan Annual Progress Report and Housing Element 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 2023 General Plan Progress Report, including the Housing Element Annual Progress Report; and 3)Recommend the City Council review and authorize the submittal of the 2023 General Plan Progress Report to the California Office of Planning and Research (OPR) and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development (HCD). 1 INTENTIONALLY BLANK P A G E 2 General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Planning Commission, March 7, 2024 Page 2 DISCUSSION 2023 General Plan Annual Progress 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 by State law. There is no standardized form or format for the preparation of the General Plan Annual Progress Report (Report); however, the Report was prepared pursuant to guidance provided by the 2022 Annual Progress Report Memorandum issued by OPR on October 6, 2022. The Report (Attachment No. PC 1) reflects the status of the implementation measures between January 1, 2023, and December 31, 2023 (Reporting Period), and does not reflect changes or updates that may have been directed since. The Newport Beach General Plan was adopted in November 2006 pursuant to available guidelines provided by the State at that time pursuant to Government Code Section 65040.2 and consistent with Section 65400(a)(2). In 2022, the City updated the Housing and Circulation Elements. The Report includes a discussion of the status of each General Plan Implementation Program (Appendix A of PC 1), a comprehensive status on each Housing Element Implementation Program (Appendix B of PC 1), and an analysis on the degree to which the City’s existing General Plan complies with criteria identified in OPR’s General Plan Guidelines (Appendix C of PC 1). Staff believes 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 progress is illustrated through ongoing tasks and long-term coordination efforts, with updates highlighted for 2023. The Report also summarizes identified priorities for land use decision making for the Reporting Period. General Plan Update The City embarked on a comprehensive update of the General Plan in 2019 but pivoted in 2020 to focus on preparing the 6th Cycle Housing Element update, as well as an update to the Circulation Element. The City continued to focus its efforts, which ultimately led to City Council’s initial adoption of the 6th Cycle Housing Element update on February 8, 2022. After several reviews and revisions with HCD, the City Council re-adopted a refreshed 6th Cycle Housing Element on September 13, 2022. The update is a comprehensive statement of the City’s housing policies and serves as a guide for the implementation of these policies. As required by state law, the update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs while demonstrating capacity to accommodate the Regional Housing Needs Assessment 3 General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Planning Commission, March 7, 2024 Page 3 (RHNA) allocation of 4,845 new housing units. Housing programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, realistic quantified housing objectives, and affirmatively furthering fair housing (AFFH). On October 5, 2022, HCD determined the City’s 6th Cycle Housing Element is in full statutory compliance. On October 25, 2022, the City Council adopted an updated Circulation Element that included several refreshed policies that are compliant with state law. For example, the updated Circulation Element contains policies related to complete streets and vehicle miles traveled. The policies were reviewed by the community through extensive outreach and remain consistent with the community’s vision. Simultaneous with the efforts to update the Housing Element and Circulation Element, the General Plan Update Steering Committee (GPUSC) began meeting in July 2022 to restart the comprehensive update efforts. In November 2022, the City Council appointed a 30-member General Plan Advisory Committee (GPAC) to help represent the community and guide potential policy changes. During the 2023 reporting period, the GPUSC and the GPAC each met nine times with nearly all GPAC Subcommittees covering most of the General Plan Elements meeting at least once. These Subcommittee meetings included a review of the draft Land Use Element updates to implement the Housing Element, as well as topics for the broader comprehensive update. In July 2023, the City entered into agreement with Dudek to provide consulting services on the comprehensive General Plan Update. This effort is on a parallel track alongside the City’s Housing Element implementation. The Housing Element implementation’s draft program-level environmental impact report (EIR) was being prepared during the reporting period and released in February 2024. The implementation effort is expected to be effective by the end of 2024, with the comprehensive General Plan Update expected to be completed by the end of 2025. Information regarding the General Plan update efforts to date, including the initiation, evaluation, and process can be found on the City’s webpage at www.newportbeachca.gov/gpupdate. 2023 Housing Element Annual Progress Report Government Code Section 65400 requires that each city, including charter cities, provide an annual progress report on the status of the Housing Element of its General Plan. HCD has provided mandatory forms (Excel spreadsheets) and definitions for the housing portion of the Report. The forms include six large tables (Tables A through F), but due to the large size and format, only a summary of the contents of each table is provided in the attached Report. The complete forms will be made available online at the following link: www.newportbeachca.gov/APR and they will be submitted to HCD in electronic format. 4 General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Planning Commission, March 7, 2024 Page 4 The annual report requires the City to report all housing applications submitted in 2023 including building permits (Table A in Report) and all housing applications with a net increase in units approved and finalized in 2023 (Table A2 in Report). The permits approved and reported in Table A2 are automatically populated in Table B. Table B includes 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 the Regional Housing Needs Allocation (RHNA) to for each jurisdiction within the SCAG region. SCAG, through the RHNA process, assigned Newport Beach a share of the region’s new housing units needs for the 2021 - 2029 planning period to be a total of 4,845 new dwelling units further broken down by income category. Housing production towards the 6th Cycle RHNA allocation is best summarized by Table B, which is included in the Report and excerpted below. Table B Summary - Regional Housing Needs Allocation Progress Table B Summary: Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Income Level RHNA 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total to Date Very Low 1,456 13 8 11 32 Low 930 21 14 18 53 Moderate 1,050 1 11 13 25 Above Moderate 1,409 31 7 1 39 Total RHNA 4,845 66 40 43 - - - - - 149 Total Units Produced 66 40 43 149 The Housing Element portion of the Report also includes status and/or progress of implementing each Housing Element Program for the Reporting Period (Appendix B of Report). Appendix B includes a detailed status report of each Housing Element Program. Efforts to Assist the Unhoused The City continues to provide robust assistance to those who are unhoused in the community. For this reporting period, the following was accomplished: • In 2023, the Be Well OC Mobile Crisis Team (hereafter “Be Well”) operated 7 days a week for 12 hours per shift. In July and August, the hours were shifted two hours 5 General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Planning Commission, March 7, 2024 Page 5 later, to 14 hours per shift, due the high influx of daily visitors coming to the coastal area. Be Well responded to mental, behavioral, and substance use crises throughout the City. The team proactively engages the unhoused population to provide resources, shelter placements, and program referrals. Be Well had 3,681 contacts with residents, visitors, and unhoused people. Be Well transported 334 times to social service, medical, and other essential appointments, or intakes. Of the 334 transports, 52 were for shelter intake appointments, 65 to crisis stabilization units for treatment, and 58 to the Be Well campus sobering station for treatment. Be Well also reunified four people with their families. • The homeless outreach and engagement team permanently housed 16 people from the street to housing with five of the 16 people entering assisted living and one reunified with family. • The Costa Mesa Bridge Shelter permanently housed six people and reunified two people with their families. In July 2023, the City Council approved an additional five beds in the Costa Mesa Bridge Shelter, with the option to use up to six more beds if Costa Mesa has open beds. The daily cost for the additional six beds is $155 per bed per day, including full wrap-around services. There were several weeks in 2023 when all 25 beds were filled, and the per-day option was not exercised. • In 2023, CityNet, the City’s social service contractor, placed 25 people into shelters. They provided 886 contacts with the unhoused population in Newport Beach. • Trellis International is a Costa Mesa-based non-profit organization which provides volunteer opportunities for individuals experiencing homelessness or housing insecurity to learn and/or rebuild job skills and a path forward to stable employment and housing. The Public Works department manages projects with Trellis’ Community Impact Team (CIT). CIT participants develop and refine job skills needed to renter the job market and remain employed. The projects may include beach cleanup, trash and graffiti removal, vegetation trimming and removal, and more. The CIT completed 150 projects in 2023. • The City hosted two Homeless Services Community Forums in 2023. PATH (People Assisting The Homeless) presented an overview of their operations at the County’s shelter, the Yale Navigation Center, as well as other County initiatives for encampment removal and limited street outreach and engagement. The County’s Office of Care Coordination presented an overview of County funding sources, shelter operations, and collaboration with state, city, and contracted service providers. The programs are available in the NBTV archives for viewing. 6 General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Planning Commission, March 7, 2024 Page 6 • The outreach and engagement team had two notable permanent housing placements in 2023. One woman needed multiple stays at the Costa Mesa Bridge Shelter, the Yale Navigation Center, and the Buena Park Navigation center before becoming stabilized to move forward with housing. She utilized the Newport Beach Public Library’s literacy program to bolster her reading and social skills, met regularly with the Be Well team to regulate her behavioral health, and collaborated with the City’s homeless services manager to transition into housing. She was housed in January. The Newport Beach Police Department’s homeless liaison officer placed a gravely ill man on an involuntary medical hold and took the lead to coordinate an assisted living placement at the end of December. This placement included City Net activating his insurance, Be Well advocating for a seamless transfer from the hospital to the facility, and the City’s Finance department processing the Good Giving payment. Thanks to generous funding from the Good Giving program, the homeless liaison officer was able to facilitate the placement and payment for his permanent housing. Significant Residential Development Projects with Affordable Units Another highlight is significant residential projects that include an affordable housing component on sites identified as underutilized. These projects, which are at different stages of review, include: Uptown Newport, Newport Crossings, Residences at 4400 Von Karman, Newport Airport Village, Residences at Newport Center, Newport Village Mixed- Use, 1300 Bristol Residences, Residences at 1600 Dove Street, 1401 Quail Street, Housing at 1400 Bristol, Placentia Avenue Apartments and three new housing projects submitted for preliminary reviews in 2023. Each of these projects are detailed in the attached Report. Policy Actions 1A through 1G Related to Housing Implementation Immediately after the 6th Cycle Housing Element’s adoption in September 2022, the City began efforts to implement the housing strategy. This predominantly included analyzing the General Plan Land Use Element for necessary amendments needed for consistency, drafting overlay zoning text for various focus areas, and creating objective design standards. The goal is to rezone the housing opportunity sites appropriately for housing development. The City has been working with the General Plan Update Steering Committee and the General Plan Advisory Committee on this effort, held study sessions with the Planning Commission and City Council, and made draft documents available for public review and input to ensure a transparent process that is representative of the community’s values. Although the initial target was to be complete in this reporting period, the City is on schedule to have the Land Use Element updated and Zoning Overlays adopted by the end of 2024. The delay was largely due to the need to prepare a programmatic level environmental impact report (EIR) to contemplate the possible impacts of the increased residential development capacity in the various Focus Areas. 7 General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Planning Commission, March 7, 2024 Page 7 These implementing actions will be contingent to a successful vote of the electorate pursuant to Charter Section 423 planned for November 5, 2024. Policy Actions 1H, 1I, and 1J Related to Accessory Dwelling Units (ADUs) In 2023, the City pursued several efforts related to revising the City’s regulations pertaining to accessory dwelling units and incentivizing their development: • Code Amendment Related to State Law Updates and Additional Incentives: In September of 2022, the Legislature approved, and the Governor signed, SB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 2021) into law that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on the City’s ability to regulate ADUs and JADUs. On January 5, 2023, the Planning Commission considered the proposed amendments incorporating Ad-Hoc Committee recommendations and State Law updates, and recommended their adoption to the City Council. On January 24, 2023, the City adopted the proposed code changes. On April 13, 2023, a Local Coastal Program (LCP) Amendment application was submitted to the California Coastal Commission to incorporate the changes into Title 21 (Local Coastal Program Implementation Plan) of the Municipal Code. • Website Enhancements: In Spring of 2023, the Community Development Department launched comprehensive update to the Newport Beach ADU webpage. The webpage is intended to supplement the City’s outreach and foster interest in constructing ADUs. The website now includes a downloadable guidebook, interactive activities and exercises to help homeowners plan their ADU, an online calculator to estimate costs, and standard plans. The website also includes resources to help the homeowner understand the different types of ADUs by providing links to development standards and processes. External resources are available for potential finance and grant opportunities for homeowners. Users can look up their property attributes including zoning and approximate lot size. An interactive mapping application is also included for residents to see the ADUs that are being constructed in their neighborhoods. The Newport Beach ADU website can be reached at https://www.newportbeachca.gov/adu. • ADU Standard Plans: In Fall of 2023, the City launched its ADU Standard Plans program designed to offer property owners permit ready ADU plans at no charge. Use of the standard plans provide a substantial cost savings ($15k to $30k) for property owners by eliminating the need to hire a design professional to prepare custom set of architectural and structural plans. They also reduce the permit review process since the architectural and structural component of the plans have been pre-reviewed and approved for building code compliance. The City currently offers 8 General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Planning Commission, March 7, 2024 Page 8 two separate types of studio designs, one one-bedroom design, and garage conversion plans. • ADU Permit and Plan Check Fee Waiver: On November 29, 2022, the City Council extended a pilot program to temporarily waive City plan check review fees, building construction permit review fees, and other City permit fees directly related to a project creating an ADU or a JADU. The fee waiver extension will run through the end of 2024 and will complement other new City programs intended to promote and facilitate ADU development, including website enhancements and pre- approved plans. In 2023, 72 ADUs were submitted for review. There were 71 ADUs that received building permits and final inspections, resulting in a net increase in new units. A significant contribution was the 30 ADUs that were finalized at the existing 880 Irvine Apartments. The project converted existing mail rooms, utility rooms, and offices into ADUs. All ADUs that received permits in 2023 will be counted towards the new 6th Cycle RHNA. Policy Action 4A: Affirmatively Furthering Fair Housing For Policy Action 4A (Affirmatively Furthering Fair Housing), the City intends on taking meaningful actions to overcome patterns of segregation and to foster inclusive communities free from barriers that restrict access to opportunity based on protective classes, as defined by State law. The City continues to maintain a contract for fair housing services with the Fair Housing Foundation. The City will participate in an update to the Orange County regional Analysis of Impediments to Fair Housing when next updated. Summary The aforementioned highlights demonstrate that the City is committed to compliance with State Housing Element law and the furtherance of all Housing Element goals and policies. The efforts outlined to update the General Plan for compliance with all mandates and best practices demonstrate the City is also committed to maintaining compliance with the latest General Plan Guidelines and requirements therein issued by the Office of Planning and Research. All implementation efforts are detailed in the attached Report and staff recommends that the Planning Commission recommend the City Council review and authorize the submittal of the 2023 General Plan Progress 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. 9 General Plan Annual Progress Report and Housing Element Report for 2023 (PA2007-195) Planning Commission, March 7, 2024 Page 9 Environmental Review The General Plan Annual Progress Report, including the Housing Element Progress Report, are not subject to CEQA, as the actions are not a project as defined in Section 15378(b)(2) of the Public Resources Code. Public Notice The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Planning Commission considers the item). Prepared by: Submitted by: BMZ/msw ATTACHMENTS PC 1 General Plan Annual Progress Report of 2023 10 Attachment No. PC 1 General Plan Annual Progress Report 2023 11 INTENTIONALLY BLANK P A G E 12 City of Newport Beach General Plan Annual Progress Report 2023 Calendar Year Approved For Submission March XX, 2024 13 2 THIS PAGE IS INTENTIONALLY LEFT BLANK. 14 City of Newport Beach General Plan 2023 Annual Progress Report 3 Table of Contents 1. Introduction .......................................................................................................... 4 2. Presentation and acceptance by local legislative bodies .................... 4 3. General Plan Implementation ......................................................................... 4 4. Housing Element APR report requirements ............................................... 7 5. General Plan compliance with OPR’s General Plan Guidelines ........ 17 6. Established priorities for land use decision-making for 2023 ........... 18 List of Tables Table 1 – Quick Status Update for Each Implementation Program Table A Summary – 2023 Housing Development Applications Submitted Table A2 Summary – 2023 Building Activity Summary – Net New Units Table B Summary – Regional Housing Needs Allocation Progress Appendices Appendix A – General Plan Implementation Program Status Appendix B – Table D. Housing Element Implementation Program Status Appendix C – Memorandum from Dyett & Bhatia dated November 11, 2019 15 4 1. Introduction Consistent with Government Code Section 65400 and the City of Newport Beach (“City”) General Plan Implementation Program Imp 1.3, the General Plan Annual Progress Report (GPAPR) was prepared using guidelines set forth by the California Office of Planning and Research (OPR) and provides information for decision makers on the status of the General Plan and progress on implementation during the 2023 calendar year (“Reporting Period”). The current Newport Beach General Plan was last comprehensively updated and adopted in November 2006 pursuant to guidelines provided in Government Code Section 65040.2, and consistent with Section 65400(a)(2). There is no standardized form or format for the preparation of the GP APR; however, the report format and content follows the guidance provided by the 2022 Annual Progress Report Memorandum issued by OPR on October 6, 2022. The City is unaware of additional guidance provided by OPR since that memorandum. 2. Presentation and acceptance by local legislative bodies <DRAFT> The annual report was presented to the City’s Planning Commission on March 7, 2024, and the City Council reviewed the report on March 26, 2024. At the conclusion of the review, which included receiving public comments, the City Council authorized the submission of the report to OPR and the State Department of Housing and Community Development (HCD), as required by State law. </DRAFT> 3. General Plan Implementation 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. Appendix A of this report evaluates and provides the status of the General Plan organized by each implementation program. The table below provides a quick status on each program: Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A 1.1 Ensure that Private Development and Capital Improvements are Consistent with the General Plan ✓ 1.2 Update and Revise the General Plan to Reflect Changing Conditions and Visions ✓ 1.3 Prepare Annual General Plan Progress and Housing Element Implementation Reports ✓ 2.1 Amend the Zoning Code for Consistency with the General Plan ✓ 3.1 Preparation of New Specific Plans ✓ 4.1 New “Planned Community” Development Plans ✓ 5.1 Review and Revise Coastal Land Use Plan for Consistency with the General Plan ✓ 16 City of Newport Beach General Plan 2023 Annual Progress Report 5 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A 6.1 Review the Subdivision Ordinance for Consistency with the General Plan ✓ 7.1 Review Building and Construction Code for Consistency with General Plan ✓ 7.2 Revise Fair Share Traffic Contribution Ordinance ✓ 7.3 Review and Update Transportation Demand Ordinance ✓ 8.1 Review Codes and Ordinances for Consistency with the General Plan and Update Periodically ✓ 8.2 Prepare New Codes, Ordinances, and Guidelines ✓ 9.1 Review City Council Policy Manual for Consistency with the General Plan ✓ 10.1 Maintain Up-to-Date Comprehensive Database (Data 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) ✓ 10.2 Maintain Development Tracking and Monitoring Program ✓ 11.1 CEQA Review Development and Entitlement Applications ✓ 12.1 Evaluate Fiscal Benefits of Large Development Proposals and Annexations ✓ 12.2 Maintain and Update Fiscal Impact Model ✓ 13.1 Process Development Agreements ✓ 14.1 Adjoining Cities (“Borders Committees” to collaborate with the cities of Irvine, Huntington Beach, and Costa Mesa) ✓ 14.2 Coordinate with School Districts ✓ 14.3 Coordinate with Orange County ✓ 14.4 Coordinate with Orange County Transportation Authority (OCTA) ✓ 14.5 State of California Department of Housing and Community Development (HCD) ✓ 14.6 Coordinate with California Coastal Commission ✓ 14.7 Coordinate with the California Resources Agency, Department of Fish and Game (now known as California Department of Fish and Wildlife) ✓ 14.8 Coordinate with the California Department of Parks and Recreation ✓ 14.9 Coordinate with the California Department of Transportation (“Caltrans”) ✓ 14.10 Transportation Corridor Agencies (TCA) ✓ 14.11 California Public Utilities Commission (CPUC) ✓ 14.12 Coordinate with United States Army Corps of Engineers (“Corps”) ✓ 14.13 Coordinate with United States Fish and Wildlife Service ✓ 17 6 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A 14.14 Coordinate with Environmental Protection Agency (EPA) ✓ 14.15 Coordinate with United States Postal Service (USPS) (for the relocation of Mariners’ Mile distribution facility) ✓ 14.16 Other Agencies ✓ 15.1 Encourage Annexation of Banning Ranch Prior to Development ✓ 16.1 Improve Arterial Streets and Highways According to Classification ✓ 16.2 Monitor Traffic Conditions and Plan for and Fund Improvements ✓ 16.3 Construct Street and Highway Improvements ✓ 16.4 Monitor Roadway Conditions and Operational Systems ✓ 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 Master Plan of Arterial Highways) ✓ 16.6 Local/Neighborhood Access Roads ✓ 16.7 Traffic Control ✓ 16.8 Provide Public Transportation ✓ 16.9 Manage Truck Operations ✓ 16.10 Improve Parking Supply and Management ✓ 16.11 Maintain Trails ✓ 16.12 Marine Transportation ✓ 17.1 Maintain and Implement Urban Water Management Plans and Encourage Conservation ✓ 18.1 Maintain and Implement Sewer Master Plan ✓ 19.1 Maintain Storm Drainage Facilities ✓ 20.1 Design, Fund, and Construct Streetscape Improvements ✓ 20.1 Design, Fund, and Construct Streetscape Improvements (continued) ✓ 20.2 Design, Fund, and Construct Waterfront Promenade ✓ 20.3 Fund and Construct Public View Sites ✓ 21.1 Review and Update Harbor and Tidelands Improvement Plans ✓ 21.2 Develop Harbor Area Management Plan (HAMP) ✓ 21.3 Events Management and Programs ✓ 21.4 Harbor Operations and Management ✓ 22.1 Maintain and Enhance Police and Fire Facilities ✓ 23.1 Maintain and Update Parks and Recreation Facility Plans ✓ 23.2 Maintain and Improve Parks and Recreation Facilities ✓ 23.3 Assess Recreation Needs ✓ 18 City of Newport Beach General Plan 2023 Annual Progress Report 7 Table 1 – Quick Status Update for Each Implementation Program Programs Ongoing Complete Pending N/A 23.4 Maintain Recreation Programs for Newport Beach’s Residents ✓ 23.5 Requirements for Residential Developers ✓ 24.1 Adopt and Implement Strategic Plan for Fiscal and Economic Sustainability ✓ 25.1 Implement Housing Element Programs ✓ 26.1 Enforce Codes and Ordinances ✓ 27.1 Seismic Compliance ✓ 28.1 Maintain Hazards Data Base ✓ 28.2 Maintain Emergency Preparedness, Response, and Recovery Programs ✓ 29.1 Educate the Community ✓ 29.2 Support of the Arts, Culture, and Historic Resources ✓ 29.3 Support Community Environmental and Recreation Initiatives ✓ 30.1 Maintain Annual Budgets for City Services and Improvements ✓ 30.2 Administer Impact and User Fees (Development Impact Fees, Park Dedication and In-Lieu Fees, and Tideland Revenue Fees) ✓ 31.1 Consider the Establishment of Community Facilities and Special Assessment Districts ✓ 4. Housing Element APR report requirements Government Code Section 65400 requires that each city, including charter cities, prepare an annual progress report (APR) on the status of the General Plan Housing Element. The State Department of Housing and Community Development (HCD) has provided mandatory forms in an Excel workbook format and definitions for the reporting. The forms include 12 tables (Tables A, A2, B, C, D, E, F, F2, G, H, I, and J). A summary of the contents of each table is provided below. The complete forms are too large to include in this report and are available online at the following link: www.newportbeachca.gov/APR. The City’s 6th Cycle Housing Element was originally adopted by City Council in February 2022, subsequently revised and re-adopted on September 2022, and certified as being statutorily compliant by HCD in October 2022. Pursuant to guidance provided by HCD, Table D will include the Implementation Programs from the recently certified Housing Element 2021-2029. The complete Table D is provided in Appendix B of this report. Table A Summary – 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. 19 8 Table A Summary – 2023 Housing Development Applications Submitted Unit Type Affordability By Income Total Submitted Very-Low Low Moderate Above- Moderate Accessory Dwelling Units 18 31 22 1 72 Single- Family 0 0 0 93 93 Multi- Family 55 0 0 565 620 Total 73 31 22 659 785 Table A2 Summary – 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. Table A2 Summary - 2023 Building Activity Summary – Net New Units Approved Entitlements Building Permits Issued Certificates of Occupancy Issued Affordable Above- Moderate Income Affordable Above- Moderate Income Affordable Above- Moderate Income None None 11 Very Low- Income (ADU) 18 Low-Income (ADU) 13 Moderate- Income (ADU) 1 (ADU) 14 Very Low- Income (ADU) 24 Low-Income (ADU) 17 Moderate- Income (ADU) 1 (ADU) Table B Summary – 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 2021 - 2029 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 20 City of Newport Beach General Plan 2023 Annual Progress Report 9 to be a total of 4,845 new dwelling units. This includes 1,456 dwelling units affordable to very-low-income households, 930 dwelling units affordable to low-income households, 1,050 dwelling units affordable to moderate-income households, and 1,409 dwelling units that are market rate or for above-moderate households. It is important to note that the City adopted its 6th Cycle Housing Element and received certification in September and October 2022, respectively. The City has been working diligently to pursue implementation through updating the Land Use Element and Coastal Land Use Plan, through creating zoning overlays to provide for by-right housing development, and through the establishment of objective design standards for multi-unit residential development projects. Table B Summary: Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Income Level RHNA 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total to Date Very Low 1,456 13 8 11 32 Low 930 21 14 18 53 Moderate 1,050 1 11 13 25 Above Moderate 1,409 31 7 1 39 Total RHNA 4,845 66 40 43 - - - - - 149 Total Units Produced 66 40 43 106 Table C Summary - Sites Identified or Rezoned to Accommodate Shortfall Housing Need As noted, the City has been actively pursuing rezoning all 6th Cycle Housing Element opportunity sites listed in Appendix B of the Housing Element. Accordingly, Table C simply reflects the data in Appendix B of the Housing Element. Table D Summary - 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. Appendix B includes a detailed status report of each Housing Element Program. Some highlights of the implementation in 2023 are excerpted below: Efforts to Assist the Unhoused The City continues to provide robust assistance to those who are unhoused in the community. For this reporting period, the following was accomplished: 21 10 • In 2023, the Be Well OC Mobile Crisis Team (hereafter “Be Well”) operated seven days a week for 12 hours per shift. In July and August, the hours were shifted two hours later due the high influx of daily visitors coming to the coastal area. Be Well responded to mental, behavioral, and substance use crises throughout the City. The team proactively engages the unhoused population to provide resources, shelter placements, and program referrals. Be Well had 3,681 contacts with residents, visitors, and unhoused people. Be Well transported 334 times to social service, medical, and other essential appointments, or intakes. Of the 334 transports, 52 were for shelter intake appointments, 65 to crisis stabilization units for treatment, and 58 to the Be Well campus sobering station for treatment. Be Well also reunified four people with their families. • The homeless outreach and engagement team permanently housed 16 people from the street to housing with five of the 16 people entering assisted living and one reunified with family. • The Costa Mesa Bridge Shelter permanently housed six people and reunified two people with their families. In July 2023, the City Council approved an additional five beds in the Costa Mesa Bridge Shelter, with the option to use up to six more beds if Costa Mesa has open beds. The daily cost for the additional six beds is $155 per bed per day, including full wrap- around services. There were several weeks in 2023 when all 25 beds were filled, and the per-day option was not exercised. • In 2023, CityNet, the City’s social service contractor, placed 25 people into shelters. They provided 886 contacts with the unhoused population in Newport Beach. • Trellis International is a Costa Mesa-based non-profit organization which provides volunteer opportunities for individuals experiencing homelessness or housing insecurity to learn and/or rebuild job skills and a path forward to stable employment and housing. The Public Works department manages projects with Trellis’ Community Impact Team (CIT). CIT participants develop and refine job skills needed to renter the job market and remain employed. The projects may include beach cleanup, trash and graffiti removal, vegetation trimming and removal, and more. The CIT completed 150 projects in 2023. • The City hosted two Homeless Services Community Forums in 2023. PATH (People Assisting The Homeless) presented an overview of their operations at the County’s shelter, the Yale Navigation Center, as well as other County initiatives for encampment removal and limited street outreach and engagement. The County’s Office of Care Coordination presented an overview of County funding sources, shelter operations, and collaboration 22 City of Newport Beach General Plan 2023 Annual Progress Report 11 with state, city, and contracted service providers. The programs are available in the NBTV archives for viewing. • The outreach and engagement team had two notable permanent housing placements in 2023. One woman needed multiple stays at the Costa Mesa Bridge Shelter, the Yale Navigation Center, and the Buena Park Navigation center before becoming stabilized to move forward with housing. She utilized the Newport Beach Public Library’s literacy program to bolster her reading and social skills, met regularly with the Be Well team to regulate her behavioral health, and collaborated with the City’s homeless services manager to transition into housing. She was housed in January. The Newport Beach Police Department’s homeless liaison officer placed a gravely ill man on an involuntary medical hold and took the lead to coordinate an assisted living placement at the end of December. This placement included City Net activating his insurance, Be Well advocating for a seamless transfer from the hospital to the facility, and the City’s Finance department processing the Good Giving payment. Thanks to generous funding from the Good Giving program, the homeless liaison officer was able to facilitate the placement and payment for his permanent housing. Significant Residential Development Projects with Affordable Units The City has significant projects on sites identified as underutilized with activity during the Reporting Period: • Uptown Newport (4288 Half Dome Place 445-134-34) – Approved in February 2013, 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 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 Phase 1A (462 apartment units, including 92 affordable units) was completed and finalized in 2019. In 2020, a minor site development review was approved for 30 residential condominium units, considered Phase 1B. The Site Development Review application was approved by the Community Development Director in July 2022, and was in review in plan check in 2023. • Newport Crossings Mixed-Use (1660 Dove St.) – Located on a site identified as underutilized. The Newport Crossings Mixed-Use project is located on a site identified as underutilized. The project was submitted in 2017 and approved by the Planning Commission on February 21, 2019. The project includes the development of 350 residential apartment units, including 78 units affordable to low-income households. The plan check for construction drawing review was submitted on November 17, 2020, and is currently in plan check review with permits expected mid-2024. 23 12 • Residences at 4400 Von Karman – In 2020, the former Koll Center Residences project was actively reviewed under a new project submittal called The Residences at 4400 Von Karman. The request consists of rezoning nonresidential property to mixed-use land uses, including up to 260 residential units plus an allowance for density bonus units up to a total of 312 units (13 very-low Income units). On November 5, 2020, the Planning Commission considered the project and recommended approval to the City Council. The City Council approved the project on February 9, 2021. The submittal for building permit plan check is pending but anticipated with permits issued in 2024. • Newport Airport Village (4647 MacArthur Boulevard) – A General Plan Amendment, Planned Community Development Plan (PCDP), and a Development Agreement that would allow for the future redevelopment of the 16.46-acre property with up to 444 dwelling units (329 base units and 115 density bonus units) and 202,989 square feet of retail, office, and other airport supporting uses. The legislative amendments were approved by City Council on September 22, 2020. The Site Development Review, AHIP and Parcel Map were submitted for the development of the 444 units in a six- story apartment building including 37 very-low affordable units. Planning Commission review is anticipated in Spring 2024. • Residences at Newport Center (150 Newport Center Drive) – Redevelopment of an underutilized commercial site in Newport Center to develop 28 condominiums. The project was submitted to the City in February 2020 and the application was deemed complete in December of 2020. The project was approved by the City Council on September 28, 2021. The property owner has been working on implementing the project with submittal for building permit plan check pending, but is anticipated in with permits issued in 2024. • Newport Village Mixed Use (2000-2244 and 2001-2241 West Coast Highway) – Redevelopment of underutilized commercial sites for a new mixed-use development including 17 residential condominiums and 181 Apartments (including 9 very-low-income units) on the North and South sides of West Coast Highway. The SB 330 preliminary application for the redesigned project was deemed complete in March 2022. The project was submitted in August 2022 and deemed complete in September 2022. The EIR scoping meeting was held in October 2023. Scoping period ended on November 13, 2023, and the draft EIR is in progress. • 2510 West Coast Highway – In December 2019, an application was submitted for a new mixed-use development located at 2510 West Coast Highway to redevelop existing underutilized commercial sites. The project includes the development of 35 dwelling units, three of which would be restricted for Very Low-Income households. In exchange for providing the 24 City of Newport Beach General Plan 2023 Annual Progress Report 13 Very Low-Income units, the developer has requested a density bonus of nine units (35% bonus), a development waiver for building height and a waiver regarding the unit mix. The project was approved by the City’s Planning Commission on February 18, 2021, and called for City Council review. The project was approved by the City Council on July 27, 2021. The project was appealed to the California Coastal Commission (CCC) and on October 13, 2021, the CCC determined no substantial issue, approving the project. The project was in plan check in 2022/2023 and is anticipated to receive permits early 2024. • Residences at 1300 Bristol Street – Applied for on June, 30, 2021, the project includes 24 affordable units (12 very-low income and 12 low income). The developer has requested a density bonus of 39 units (50% bonus) for a total of 193 apartment units, and requested incentives including six development standard waivers related to park land dedication, building setbacks, building height, private open space for the studio-size rental units, common open space for the entire Project, as well as two development concessions related to the mix of affordable units and park in-lieu fee payment. The project received entitlement approvals in March 2022, and is currently within the plan check process. • Residences at 1600 Dove Street – Housing development project for 282 units (inclusive of 94 density bonus and 49 units via GPA). 254 units would be market rate and 28 would be affordable (likely to be very-low income and will be confirmed with AHIP). Applicant originally submitted December 2022 and is currently under review. Hearings by the Planning Commission and subsequently City Council are anticipated beginning late Spring 2024. • Residences at 1401 Quail Street – Preliminary application resubmitted in October 2022 and deemed complete in November 2022. The residential condominium project consists of 67 units, including six very-low and two low income-units. The Site Development Review was submitted on February 14, 2023. The Planning Commission reviewed and recommended approval of the project on December 7, 2023. The City Council’s review is anticipated April 2024. • Residences at 1400 Bristol Street – A housing development project consisting of 229 apartment units (including 50% density bonus and 64 units via GPA). The project includes 23 affordable units for very-low income households. Planning Commission reviewed and recommended approval of the project on December 7, 2023. The City Council’s review is anticipated April 2024. • Residences at 4667 MacArthur Boulevard – Preliminary application for a housing development project with 90 units, including nine affordable units and 4,370 square feet of retail space on the ground floor. This preliminary 25 14 application was deemed incomplete on April 27, 2023, and the City has been actively working with the applicant to identify a path forward. • Residences at 4361 Birch Street – On November 17, 2023, a housing development project was submitted for a 75-unit (including eight very-low income units), four-story, apartment building comprised of three-stories of residential uses, an on-grade parking garage and surface parking with a total of 140 parking spaces, a leasing office, amenity space and an outdoor pool. The application is currently incomplete. • Placentia Avenue Apartments (1526 Placentia Avenue) – On July 11, 2023, a housing development project was submitted for an 11-unit podium style apartment building with two floors of apartments over podium parking at the ground level. The project consists of seven base units and four density bonus units in exchange for providing one very-low income unit. The application is currently under review with Zoning Administrator hearing anticipated Summer of 2024. Policy Actions 1A-1G: Focus Area Amendments for Housing Implementation Immediately after the 6th Cycle Housing Element’s adoption in September 2022, the City began efforts to implement the housing strategy. This predominantly included analyzing the General Plan Land Use Element for necessary amendments needed for consistency, drafting overlay zoning text for various focus areas, and creating objective design standards. The goal is to rezone the housing opportunity sites appropriately for housing development. The City has been working with the General Plan Update Steering Committee and the General Plan Advisory Committee on this effort, held study sessions with the Planning Commission and City Council, and made draft documents available for public review and input to ensure a transparent process that is representative of the community’s values. Although the initial target was to be completed in this reporting period, the City is on schedule to have the Land Use Element updated and Zoning Overlays adopted by the end of 2024. The delay was largely due to the need to prepare a programmatic level environmental impact report (EIR) to contemplate the possible impacts of the increased residential development capacity in the various Focus Areas. These implementing actions will be contingent to a successful vote of the electorate pursuant to Charter Section 423 planned for November 5, 2024. Policy Actions 1H, 1I, and 1J: Accessory Dwelling Units In 2023, the City pursued several efforts related to revising the City’s regulations pertaining to accessory dwelling units and incentivizing their development: • Code Amendment Related to State Law Updates and Additional Incentives: In September of 2022, the Legislature approved, and the Governor signed, SB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 2021) into law that amended Government Code Sections 65852.2 and 65852.22 to 26 City of Newport Beach General Plan 2023 Annual Progress Report 15 impose new limits on the City’s ability to regulate ADUs and JADUs. On January 5, 2023, the Planning Commission considered the proposed amendments incorporating Ad-Hoc Committee recommendations and State Law updates, and recommended their adoption to the City Council. On January 24, 2023, the City adopted the proposed code changes. On April 13, 2023, a Local Coastal Program (LCP) Amendment application was submitted to the California Coastal Commission to incorporate the changes into Title 21 (Local Coastal Program Implementation Plan) of the Municipal Code. • Website Enhancements: In Spring of 2023, the Community Development Department launched comprehensive update to the Newport Beach ADU webpage. The webpage is intended to supplement the City’s outreach and foster interest in constructing ADUs. The website now includes a downloadable guidebook, interactive activities and exercises to help homeowners plan their ADU, an online calculator to estimate costs, and standard plans. The website also includes resources to help the homeowner understand the different types of ADUs by providing links to development standards and processes. External resources are available for potential finance and grant opportunities for homeowners. Users can look up their property attributes including zoning and approximate lot size. An interactive mapping application is also included for residents to see the ADUs that are being constructed in their neighborhoods. The Newport Beach ADU website can be reached at https://www.newportbeachca.gov/adu. • ADU Standard Plans: In Fall of 2023,the City launched its ADU Standard Plans program designed to offer property owners permit ready ADU plans at no charge. Use of the standard plans provide a substantial cost savings ($15k to $30k) for property owners by eliminating the need to hire a design professional to prepare custom set of architectural and structural plans. They also reduce the permit review process since the architectural and structural component of the plans have been pre-reviewed and approved for building code compliance. The City currently offers two separate types of studio designs, one one-bedroom design, and garage conversion plans. • ADU Permit and Plan Check Fee Waiver: On November 29, 2022, the City Council extended a pilot program to temporarily waive City plan check review fees, building construction permit review fees, and other City permit fees directly related to a project creating an ADU or a JADU. The fee waiver extension will run through the end of 2024 and will complement other new City programs intended to promote and facilitate ADU development, including website enhancements and pre- approved plans. In 2023, 72 ADUs were submitted for review. There were 71 ADUs that received building permits and final inspections, resulting in a net increase in new units. A significant contribution was the 30 ADUs that were finalized at the existing 880 Irvine Apartments. The project converted existing mail rooms, utility rooms, and 27 16 offices into ADUs. All ADUs that received permits in 2023 will be counted towards the new 6th Cycle RHNA. Policy Action 6B: Repair Loans and Grant Programs for Seniors, Persons with Physical and Developmental Disabilities and Lower-Income Households The City’s Senior Housing Assistance Repair Program (SHARP) continues to successfully assist low-income seniors. In 2023, Habitat for Humanity and OASIS staff worked on four new projects and expended a total of $87,813. The project included accessibility modifications as well as mold abatement, wall and cabinet replacement and roof repairs. To date, the program has used $293,386 for a total of 17 projects. Table E Summary – Commercial Development Bonus Approved Pursuant to Government Code Section 65915.7 This table does not apply for this Reporting Period because the City did not approve any commercial development bonus in exchange for the development of affordable housing during the Reporting Period. Pursuant to State Density Bonus Law, a commercial developer may be eligible for an increase in floor area, height, or other development standard exception if they partner with an affordable housing developer to provide affordable housing units. Table F Summary – Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites Pursuant to Government Code Section 65583.1(c)(2) This table does not apply for this Reporting Period because the City did not approve any eligible projects in 2023. Table F2 Summary – Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code Section 65400.2 This table does not apply for this Reporting Period because the City did not approve any eligible projects in 2023. Table G Summary – Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of pursuant to Government Code Section 54230 This table does not apply for this Reporting Period because the City has not had any relevant activities in 2023. 28 City of Newport Beach General Plan 2023 Annual Progress Report 17 Table H Summary – Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code Section 50569 Effective February 28, 2023, the City sold a portion of the property located at 1516 Balboa Blvd W to Orange County Sanitation District (OC San). The property was incorporated into the adjacent parcel at 1514 Balboa Blvd W, which contains a pump station facility owned and operated by OC San. The remnant parcel containing approximately 1,042 square feet was sold by the City as exempt surplus land pursuant to City Council Resolution No. 2022-48. Table I Summary – Units Constructed Pursuant to Government Code Section 65852.21 and Applications for Lot Splits Pursuant to Government Code Section 66411.7 (SB9) This table does not apply for this Reporting Period because the City did not approve any eligible projects in 2023. Table J Summary – Student Housing Development for Lower Income Students for which was Granted a Density Bonus Pursuant to Subparagraph (F) of Paragraph (1) of Subdivision (b) of Section 65915 This table does not apply for this Reporting Period because the City did not approve any eligible projects in 2023. 5. General Plan compliance with OPR’s General Plan Guidelines Newport Beach General Plan Implementation Program 1.3 provides that the annual progress report must specify the degree to which the General Plan complies with the General Plan Guidelines published by the Governor’s Office of Planning and Research (OPR) and the date of its last revision. The Newport Beach General Plan was last comprehensively updated in 2006. It has since been amended 52 times, including three major Housing Element updates (2007, 2014, and 2022). The OPR published General Plan Guidelines pursuant to Government Code Section 65040.2 in 2017 to reflect more recent changes to Government Code Section 65302. In February 2019, the City Council initiated a comprehensive review and update of the General Plan with the goal to bring it up to date with the requirements of Government Code Section 65302 consistent with the City’s changing vision to be identified through a robust public outreach process. In January 2020, after the release of the draft Regional Housing Needs Assessment (RHNA) allocations, the City pivoted its efforts away from a comprehensive update to focus on the Circulation Element and Housing Element. This re-focus was necessary to ensure the City was able to meet the statutory deadline for Housing Element Update adoption. 29 18 On September 13, 2022, the City Council re-adopted the 6th Cycle Housing Element. On October 5, 2022, the State Department of Housing and Community Development (HCD) determined the re-adopted Housing Element is statutorily compliant, including programs that affirmatively further fair housing. On October 25, 2022, the City Council also adopted an update to the Circulation Element mostly to refresh policy language for compliance with state law. This included addressing vehicle miles traveled (VMT) and complete streets. Thereafter, the City began working with the community (1) to implement the Housing Element’s plan, and (2) to consider updates to the balance of the General Plan, holding nine General Plan Update Steering Committee meetings and nine General Plan Advisory Committee meetings. In July of 2023, the City entered into an agreement with Dudek for consulting services on the comprehensive General Plan Update. As previously noted, the City is on track to implement the Housing Element through rezoning in 2024. The comprehensive update is anticipated to wrap up by the end of 2025. The Newport Beach General Plan is generally consistent with the guidelines except that several required elements will require updating in the future to be consistent with Government Code Section 65302 following the guidance of OPR’s 2017 Guidelines. The November 11, 2019, memorandum from Dyett & Bhatia (Appendix C) maintains some pertinence and outlines each shortcoming in more detail: • The Safety Element does not fully address Climate Change as required by Government Code Section 65302(g). The City will update the Safety Element as part of the comprehensive update to address Climate Change in concert with an update to the City’s Local Hazard Mitigation Plan. • The General Plan currently does not address Environmental Justice as specified by Government Code Section 65302(h). Including Environmental Justice policies or adding a new separate element is not required until the City revises two or more elements of the General Plan., Environmental Justice policy considerations will be included in the updated elements, as appropriate. 6. Established priorities for land use decision-making for 2023 In 2023, priorities on amendments and policies included the following and the status of each can be found in the referenced Implementation Programs in Appendix A: Title 20 (Zoning Code) Update Related to State Mandates (Implementation Program 8.2) The City continues to closely monitor changes in state legislation and strives to keep the Newport Beach Municipal Code up to date. Specifically in 2023, the City updated Title 20 to reflect changes in state law regarding accessory dwelling units. The City also updated 30 City of Newport Beach General Plan 2023 Annual Progress Report 19 its requirements related to nonresidential parking and completed a comprehensive clean up to streamline the Newport Beach Municipal Code. Title 20 (Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) Update Related to Accessory Dwelling Units (Implementation Program 8.2) Refer to the discussion on page 12 of this report regarding efforts related to revising the City’s regulations pertaining to accessory dwelling units. Title 17 (Harbor Code) Update (Implementation Program 8.1) • Using funds from the CA State Vessel Turn In Program (VTIP) and Surrendered or Abandoned Vessels (SAVE) grant programs, 30 unwanted, abandoned, unsafe and unsightly vessels were removed from Newport Harbor. • Using City funds, two additional unseaworthy and unsanitary nuisance vessels in impound were removed from the harbor and destroyed. • Code enforcement efforts continued to be a significant focus in the calendar year 2023 and specifically focused on: o Navigation lighting enforcement. o Dye-tabbing of visiting vessels, live-aboard permittees, mooring sub- permittees. o After hours patrols to address multiple berthing violations, un-permitted live aboards and noise from charter vessels and rowing programs. o Residential dock inspections including assessment of the operability and sanitary conditions of vessels berthed at private docks. • Continued monitoring, testing and repair, when necessary, of the vessel sanitation system pump-out equipment at the five City-owned pump-out facilities. The Bay Foundation issued a report on the usability of the pump-out equipment in Newport Harbor. The usability for all the City-owned and maintained equipment was 90% or above which is considerably better than the non-City-owned equipment in the harbor and equipment in other harbors. The improved and remarkable usability of the equipment is largely due to the installation of the Particle Separation devices placed before the mechanical pump equipment greatly reducing damage and downtime. Regulation and transfer of mooring permit applications and titles: • The new mooring permit form rollout was completed • A high volume of mooring permits, totaling 87, were transferred in calendar 2023 • The new Mooring License program for the 16 City-owned moorings was approved and the program to make them available to the public via lottery was rolled out in late December • The pilot project to reorganize and optimize the utilization of the C-Mooring Field was approved by City Council. A required Coastal Development Permit application was filed with the California Coastal Commission in September of 2023. 31 20 Maintaining Up-to-Date Comprehensive Database (Implementation Program 10.1) The City’s Geographical Information System (GIS) data is updated regularly to provide up-to-date, parcel-specific information including specific lot information, planning (zoning, land entitlements, building, code enforcement, environmental layers, general information [contours, assessor, easement, etc.]), general services, harbor, hazards including flood and seismic, fire, police, public works, parking, street and utilities. New layers are added whenever necessary and appropriate. Maintaining Development Tracking and Monitoring Program (Implementation Program 10.2) The City continues to fine-tune a parcel-specific database that accounts for all existing development. The database includes statistics for non-residential floor area and residential dwelling units. The database is used for site-specific information or compiled to provide information by any geography needed, from a single lot to a neighborhood, statistical area, and to citywide. The land use data is available by Statistical Area as directed by the General Plan. The data was used to update the land use inputs of the Newport Beach Traffic Analysis Model (NBTAM) consistent with the Orange County Transportation Analysis Model (OCTAM). 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 10 years. If a proposed amendment exceeds the established thresholds of 40,000 square feet of non-residential development, 100 dwelling units, 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 https://www.newportbeachca.gov/chartersection423. Staff continues to update the database of all transfers of development rights in each statistical area, as they occur. Land Use Element policies LU4.3 (Transfer of Development Rights) and LU6.14.3 (Transfers of Development Rights – Newport Center) allow development rights and intensity (e.g. square footage) to be transferred in certain circumstances without an amendment to the General Plan. The policies are implemented by Chapter 20.46 (Transfer of Development Rights) of the Newport Beach Municipal Code and the North Newport Center Planned Community Development Plan. The transfer of development tables are located at the following webpage: https://www.newportbeachca.gov/developmenttransfertables. 32 City of Newport Beach General Plan 2023 Annual Progress Report 21 Update and Revision to the General Plan to Reflect Changing Conditions and Visions (General Plan Implementation Program 1.2) The General Plan was comprehensively updated in 2006. Staff reviews the General Plan on an ongoing basis to ensure it is maintained to reflect current conditions, issues, and visions. As discussed in Section 5 of this report, the City embarked on a comprehensive update of the General Plan in 2019 but pivoted in 2020 to focus on preparing the 6th Cycle Housing Element update, as well as an update to the Circulation Element. The City continued to focus its efforts, which ultimately led to City Council’s initial adoption of the 6th Cycle Housing Element update on February 8, 2022. After several reviews and revisions with HCD, the City Council re-adopted a refreshed 6th Cycle Housing Element on September 13, 2022. The update is a comprehensive statement of the City’s housing policies and serves as a guide for the implementation of these policies. As required by state law, the update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs while demonstrating capacity to accommodate the Regional Housing Needs Assessment (RHNA) allocation of 4,845 new housing units. Housing programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, realistic quantified housing objectives, and affirmatively furthering fair housing (AFFH). On October 5, 2022, HCD determined the City’s 6th Cycle Housing Element is in full statutory compliance. On October 25, 2022, the City Council adopted an updated Circulation Element that included several refreshed policies that are compliant with state law. For example, the updated Circulation Element contains policies related to complete streets and vehicle miles traveled. The policies were reviewed by the community through extensive outreach and remain consistent with the community’s vision. Simultaneous with the efforts to update the Housing Element and Circulation Element, the General Plan Update Steering Committee (GPUSC) began meeting in July 2022 to restart the comprehensive update efforts. In November 2022, the City Council appointed a 30-member General Plan Advisory Committee (GPAC) to help represent the community and guide potential policy changes. During the reporting period, the GPUSC and the GPAC each met nine times. Topics for review included the draft Land Use Element updates to implement the Housing Element, as well as the broader comprehensive update. In July 2023, the City entered into agreement with Dudek to provide consulting services on the comprehensive General Plan Update. This effort is on a parallel track alongside the City’s Housing Element implementation. The Housing Element implementation is expected to be effective by the end of 2024, with the comprehensive General Plan Update expected to be completed by the end of 2025. 33 22 Information regarding the General Plan update efforts to date, including the initiation, evaluation, and process can be found on the City’s website and on the webpage at www.newportbeachca.gov/gpupdate. 34 1 APPENDIX A. General Plan Implementation Program Status Programs Status 1.1 Ensure that Private Development and Capital Improvements are Consistent with the General Plan Ongoing 1. All private development projects require consistency with the General Plan. Consistency is ensured through the application of zoning requirements. Discretionary applications require the adoption of a finding that the project is consistent with the General Plan based upon facts. 2. In June 2023, the City Council confirmed that the Fiscal Year 2022-23 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 General Plan to Reflect Changing Conditions and Visions Ongoing The General Plan was comprehensively updated in 2006. Staff reviews the General Plan on an ongoing basis to ensure it is maintained to reflect current conditions, issues, and visions. As discussed in Section 5 of this report, the City embarked on a comprehensive update of the General Plan in 2019, but pivoted in 2020 to focus on preparing the 6th Cycle Housing Element update, as well as an update to the Circulation Element. In 2022, the City continued to focus its efforts, which ultimately led to City Council’s initial adoption of the 6th Cycle Housing Element update on February 8, 2022. After several reviews and revisions with HCD, the City Council re- adopted a refreshed 6th Cycle Housing Element on September 13, 2022. The update is a comprehensive statement of the City’s housing policies and serves as a guide for the implementation of these policies. As required by State law, the update examines current housing needs, estimates future housing needs, and establishes goals, policies, and programs pertaining to those needs while demonstrating capacity to accommodate the Regional Housing Needs Assessment (RHNA) allocation of 4,845 new housing units. Housing programs are responsive to current and future needs and established within the context of available community, state, and federal economic and social resources, realistic quantified housing objectives, and affirmatively furthering fair housing (AFFH). On October 5, 2022, HCD formally determined the City’s 6th Cycle Housing Element is in full statutory compliance. 35 2 Programs Status On October 25, 2022, the City Council adopted an updated Circulation Element that included several refreshed policies that are fully compliant with State law. The policies were also reviewed by the community through extensive outreach and are in tune with the community’s vision. Simultaneous with the efforts to update the Housing Element and Circulation Element, the General Plan Update Steering Committee (GPUSC) began meeting in July 2022 to restart the comprehensive update efforts. In November 2022, the City Council appointed a 30-member General Plan Advisory Committee (GPAC) to help represent the community and guide potential policy changes. During the reporting period, the GPUSC and the GPAC each met nine times. Topics for review included the draft Land Use Element updates to implement the Housing Element, as well as the broader comprehensive update. In July 2023, the City entered into agreement with Dudek to provide consulting services on the comprehensive General Plan Update. This effort is on a parallel track alongside the City’s Housing Element implementation. The Housing Element implementation’s draft program-level environmental impact report (EIR) was being prepared during the reporting period and released in February 2024. The implementation effort is expected to be effective by the end of 2024, with the comprehensive General Plan Update expected to be completed by the end of 2025. Information regarding the General Plan update efforts to date, including the initiation, evaluation, and process can be found on the City’s webpage at www.newportbeachca.gov/gpupdate. 1.3 Prepare Annual General Plan Progress and Housing Element Implementation Reports Ongoing – 2022 report completed and submitted; 2023 report pending The Annual Report for 2022 was reviewed by the City Council and submitted to the Governor’s Office of Planning and Research (OPR) and State of California Department of Housing and Community Development (HCD) in April 2023. Implementation Program 1.3 also states that that the report must specify the degree to which the General Plan complies with the General Plan Guidelines published by OPR and the date of its last revision. The Newport Beach General Plan was last comprehensively updated in 2006. It has since been amended 52 times, including three major Housing Element updates (2007, 2014, and 2022). The OPR published General Plan Guidelines pursuant to Government Code Section 65040.2 in 2017 to reflect more recent changes to Government Code Section 65302. In February 2019, the City Council initiated a comprehensive review and update of the General Plan with the goal to bring it up to date with the requirements of Government Code Section 65302 consistent with the City’s changing vision to be identified through a robust public outreach process. In January 2020, after the release of the draft Regional Housing Needs Assessment (RHNA) allocations, the City pivoted its efforts away from a comprehensive update to focus on the Circulation Element and Housing Element. This re-focus was necessary to ensure the City 36 3 Programs Status was able to meet the statutory deadline for Housing Element Update adoption. On September 13, 2022, the City Council re-adopted the 6th Cycle Housing Element. On October 5, 2022, the State Department of Housing and Community Development (HCD) determined the re-adopted Housing Element is statutorily compliant, including programs that affirmatively further fair housing. On October 25, 2022, the City Council also adopted an update to the Circulation Element mostly to refresh policy language for compliance with State law. This included addressing vehicle miles traveled (VMT) and complete streets. Thereafter, the City began working with the community (1) to implement the Housing Element’s plan, and (2) to consider updates to the balance of the General Plan, holding nine General Plan Update Steering Committee meetings and nine General Plan Advisory Committee meetings. In July of 2023, the City entered into an agreement with Dudek for consulting services on the comprehensive General Plan Update. As previously noted, the City is on track to implement the Housing Element through rezoning in 2024. The comprehensive update is anticipated to wrap up by the end of 2025. 2.1 Amend the Zoning Code for Consistency with the General Plan Ongoing A Comprehensive Zoning Code Update, consistent with the 2006 General Plan, was adopted by City Council in October 2010. The City is currently in the process of updating its Land Use Element and Zoning Code to include by- right zoning for housing consistent with Appendix B of the certified 6th Cycle Housing Element for 2021-2029. 3.1 Preparation of New Specific Plans Not Applicable in 2023 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. 4.1 New “Planned Community” Development Plans Ongoing • The City will promote the establishment of planned community development plans when it is appropriate to do so for future development that is consistent with the General Plan. 5.1 Review and Revise Coastal Land Use Plan for Consistency with the General Plan Complete and Ongoing The Coastal Land Use Plan (CLUP) was amended to be consistent with the 2006 General Plan in 2009. 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 37 4 Programs Status CLUP amendment is certified by the California Coastal Commission and accepted by the City Council. 6.1 Review the Subdivision Ordinance for Consistency with the General Plan Complete The Subdivision Code was reviewed and updated in 2009 and 2010 consistent with this program. 7.1 Review Building and Construction Code for Consistency with General Plan Complete and Ongoing The City of Newport Beach has adopted, with some local amendments, the 2022 edition of the building codes in late 2022. The adopted 2022 code became effective January 1, 2023. 7.2 Revise Fair Share Traffic Contribution Ordinance Partially Complete and Ongoing The City continues to adjust the fee annually for changes in the Consumer Price Index. 7.3 Review and Update Transportation Demand Ordinance Complete The Transportation Demand Management Ordinance was reviewed and updated as a part of the comprehensive Zoning Code Update in 2010 (see Section 20.44 of the Zoning Code). 8.1 Review Codes and Ordinances for Consistency with the General Plan and Update Periodically Complete and Ongoing Codes and Ordinances are revised for consistency with the General Plan on an as-needed 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; • Using funds from the CA State Vessel Turn In Program (VTIP) and Surrendered or Abandoned Vessels (SAVE) grant programs, 30 unwanted, abandoned, unsafe and unsightly vessels were removed from Newport Harbor. 38 5 Programs Status • Using City funds, two additional unseaworthy and unsanitary nuisance vessels in impound were removed from the harbor and destroyed. • Code enforcement efforts continued to be a significant focus in the calendar year 2023 and specifically focused on: Navigation lighting enforcement, Dye-tabbing of visiting vessels, live-aboard permittees, mooring sub-permittees, After hours patrols to address multiple berthing violations, un-permitted live aboards and noise from charter vessels and rowing programs, and residential dock inspections including assessment of the operability and sanitary conditions of vessels berthed at private docks. • Continued monitoring, testing and repair, when necessary, of the vessel sanitation system pump-out equipment at the five City-owned pump-out facilities. The Bay Foundation issued a report on the usability of the pump-out equipment in Newport Harbor. The usability for all the City-owned and maintained equipment was 90% or above which is considerably better than the non-City-owned equipment in the harbor and equipment in other harbors. The improved and remarkable usability of the equipment is largely due to the installation of the Particle Separation devices placed before the mechanical pump equipment greatly reducing damage and downtime. B) Regulation and transfer of mooring permit applications and titles – Managed by the City’s Harbormaster’s Office on an ongoing basis. • The new mooring permit form rollout was completed • A high volume of mooring permits, totaling 87, were transferred in calendar 2023 • The new Mooring License program for the 16 City-owned moorings was approved and the program to make them available to the public via lottery was rolled out in late December • The pilot project to reorganize and optimize the utilization of the C-Mooring Field was approved by City Council. A required Coastal Development Permit application was filed with the California Coastal Commission in September of 2023. 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. 8.2 Prepare New Codes, Ordinances, and Guidelines Ongoing The comprehensive Zoning Code update was adopted in November 2010, by the City Council. The following are 39 6 Programs Status 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 – The 2010 Zoning Code attempted to regulate third floor mass and bulk through the use of NBMC Section 20.48.180 (Residential Development Standards and Design Criteria), which includes third floor area limits, third floor step backs for enclosed floor area, and open space standards to increase building modulation. However, the third floor limits did not apply to unenclosed covered deck areas or unfinished attics, resulting in building designs with third levels (enclosed and unenclosed) that visually appear larger and bulkier than the code intended. Furthermore, these standards did not currently apply to two-unit Residential, Balboa Island (R-BI) and the Multiple Residential (RM) zoning districts. On November 24, 2020, the City Council adopted Ordinance No. 2020-28 amending the residential design standards to reduce the bulk and mass associated with future single-unit and two-unit developments by clarifying the definition of gross floor area, regulating covered third floor decks, and expanding the application of third floor area and open volume standards. 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 the California Environmental Quality Act (CEQA) to address historic preservation. An ordinance has not been prepared at this time due to competing priorities and staff resources. 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 future comprehensive General Plan update. See Program 16.10 for an update on parking. On February 12, 2019, the City Council adopted amendments to Title 20 and Title 21 necessary to address changes in State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016, and Senate Bill 229 and Assembly Bill 494, Statutes of 2017) that require jurisdictions to amend their local ordinances to conform to California Government Code Section 65852.2. The ordinances expanded opportunities in the City for the conversion and construction of new Accessory Dwelling Units (ADUs) to any residential lot with existing or proposed single-unit development. 40 7 Programs Status In 2019, the California Legislature adopted another group of housing bills aimed at addressing the housing crisis. The Legislature approved, and the Governor signed SB 13 (Chapter 653, Statutes of 2019), AB 68 (Chapter 655, Statutes of 2019), and AB 881 (Chapter 659, Statutes of 2019) into law that, among other things, amended Government Code sections 65852.2 and 65852.22 to further impose new limits on the City’s ability to regulate ADUs and Junior Accessory Dwelling Units (JADUs). On March 10, 2020, the City adopted Ordinance No. 2020-9, amending Newport Beach Municipal Code (NBMC) Title 20 to conform with revisions to Government Code Sections 65852.2 and 65852.22. In addition, on April 10, 2020, staff submitted amendments to NBMC Title 21 (Implementation Plan of the Local Coastal Program) to the California Coastal Commission incorporating the revised ADU regulations. During this reporting period, the City continued to pursue amendments to Title 21 with the California Coastal Commission. In 2023, the City pursued several efforts related to revising the City’s regulations pertaining to accessory dwelling units and incentivizing their development: • Code Amendment Related to State Law Updates and Additional Incentives: In September of 2022, the Legislature approved, and the Governor signed, SB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 2021) into law that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on the City’s ability to regulate ADUs and JADUs. On January 5, 2023, the Planning Commission considered the proposed amendments incorporating Ad-Hoc Committee recommendations and State Law updates, and recommended their adoption to the City Council. On January 24, 2023, the City adopted the proposed code changes. On April 13, 2023, a Local Coastal Program (LCP) Amendment application was submitted to the California Coastal Commission to incorporate the changes into Title 21 (Local Coastal Program Implementation Plan) of the Municipal Code. • Website Enhancements: In Spring of 2023, the Community Development Department launched comprehensive update to the Newport Beach ADU webpage. The webpage is intended to supplement the City’s outreach and foster interest in constructing ADUs. The website now includes a downloadable guidebook, interactive activities and exercises to help homeowners plan their ADU, an online calculator to estimate costs, and standard plans. The website also includes resources to help the homeowner understand the different types of ADUs by providing links to development standards and processes. External resources are available for potential finance and grant opportunities for homeowners. Users can look up their property attributes including zoning and approximate lot size. An interactive mapping application is also included for residents to see the ADUs that are being constructed in their neighborhoods. The Newport Beach ADU website can be reached at https://www.newportbeachca.gov/adu. 41 8 Programs Status • ADU Standard Plans: In Fall of 2023, the City launched its ADU Standard Plans program designed to offer property owners permit ready ADU plans at no charge. Use of the standard plans provide a substantial cost savings ($15k to $30k) for property owners by eliminating the need to hire a design professional to prepare custom set of architectural and structural plans. They also reduce the permit review process since the architectural and structural component of the plans have been pre-reviewed and approved for building code compliance. The City currently offers two separate types of studio designs, one one-bedroom designs, and garage conversion plans. E) The City continues to closely monitor changes in State legislation and strives to keep the Newport Beach Municipal Code up to date. Specifically in 2023, the City updated Title 20 to reflect changes in State law regarding accessory dwelling units. The City also updated its requirements related to nonresidential parking and completed a comprehensive clean up to streamline the Newport Beach Municipal Code. 9.1 Review City Council Policy Manual for Consistency with the General Plan Ongoing In 2023, the following City Council Policies were reviewed and amended: E-1, A-1,G-1, F-1, B-1, B-6, B-7, B-8, B-10, B-13, B-14, B- 16, B-17, B-3, F-7, F-12, G-1, F-6, L-6, L-21. 10.1 Maintain Up-to-Date Comprehensive Database (Data 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) Ongoing The City’s Geographical Information System (GIS) data is updated regularly to provide up-to-date parcel-specific information including specific lot information (agreements), planning (zoning, land entitlements, building, code enforcement, environmental layers, general information [contours, assessor, easement, etc.]), general services, harbor, hazards including flood and seismic, fire, police, public works, parking, street and utilities. New layers are added whenever necessary and appropriate. 42 9 Programs Status 10.2 Maintain Development Tracking and Monitoring Program Ongoing The City continues to fine-tune a parcel-specific database that accounts for all existing development. The database includes statistics for commercial floor area and residential dwelling units. The database is used for site-specific information or compiled to provide information by any geography needed, from a single lot to a neighborhood to statistical area and citywide. The land use data is available by Statistical Area as directed by the General Plan. The data is currently being used to update the land use portion of the Newport Beach Traffic Model (NBTAM). 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 10 years. If a proposed amendment exceeds the established thresholds of 40,000 square feet of non-residential development, 100 dwelling units, 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 - https://www.newportbeachca.gov/chartersection423 Land Use Element policies LU4.3 (Transfer of Development Rights) and LU6.14.3 (Transfers of Development Rights – Newport Center) allow development rights (e.g. square footage) to be transferred in certain circumstances without an amendment to the General Plan. The policies are implemented by Chapter 20.46 (Transfer of Development Rights) of the Newport Beach Municipal Code and the North Newport Center Planned Community Development Plan. The transfer of development tables are located at the following webpage: https://www.newportbeachca.gov/developmenttransfertables 11.1 CEQA Review Development and Entitlement Applications Ongoing All private and public development projects and programs defined as a “project” pursuant to the California Environmental Quality Act (CEQA) are reviewed in compliance with the Act. 43 10 Programs Status 12.1 Evaluate Fiscal Benefits of Large Development Proposals and Annexations Ongoing The City continues to examine the fiscal benefits of large development proposals consistent with Implementation Policy 12.1. No annexations were considered during the reporting period. 12.2 Maintain and Update Fiscal Impact Model Ongoing The fiscal impact model is maintained by Applied Development Economics, Inc. on behalf of the City. The 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 Agreements Ongoing The City requires Development Agreements for projects in accordance with Chapter 15.45 of the Municipal Code and where required by the General Plan. In 2023, the City worked with an applicant on three general plan amendments all requiring development agreements. These are: (1) the Baldwin & Sons Medical Office Project at 20 Corporate Plaza; (2) the 1400 Bristol Street Residences; and (3) the 1401 Quail Street residences. 14.1 Adjoining Cities (“Borders Committees” to collaborate with the cities of Irvine, Huntington Beach, and Costa Mesa) Ongoing The City continuously collaborates with neighboring cities as projects/issues warrant but there currently is not an established committee. • In 2023, the Be Well Mobile Crisis Team operated 7 days a week for 12 hours per shift. In July and August, the hours were shifted two hours later due the high influx of daily visitors coming to the coastal area. The Be Well team responded to mental, behavioral, and substance use crises throughout the city. The team proactively engages the unhoused population to provide resources, shelter placements, and program referrals. Be Well had 3,681 contacts with residents, visitors, and unhoused people. Be Well transported 334 times to social service, medical, and other essential appointments, or intakes. Of the 334 transports, 52 were for shelter intake appointments, 65 to crisis stabilization units for treatment, and 58 to the Be Well campus sobering station for treatment. The Be Well team also reunified four people with their families. 44 11 Programs Status • The homeless outreach and engagement team permanently housed 16 people from the street to housing. Five of the 16 people entered assisted living and one was reunified with family. • The Costa Mesa Bridge Shelter permanently housed six people and reunified two people with their families. In July 2023, the City Council approved an additional five beds in the Costa Mesa Bridge Shelter, with the option to use up to six more beds if Costa Mesa has open beds. The daily cost for the additional six beds is $155 per bed per day, including full wrap-around services. There were several weeks in 2023 when all 25 beds were filled, and the per-day option was not exercised. • In 2023, City Net, the City’s social service contractor, placed 25 people into shelters. They provided 886 contacts with the unhoused population in Newport Beach. • Trellis International is a Costa Mesa-based non-profit organization which provides volunteer opportunities for individuals experiencing homelessness or housing insecurity to learn and/or rebuild job skills and a path forward to stable employment and housing. The Public Works department manages projects with Trellis’ Community Impact Team (CIT). CIT participants develop and refine job skills needed to renter the job market and remain employed. The projects may include beach cleanup, trash and graffiti removal, vegetation trimming and removal, and more. The CIT completed 150 projects in 2023. • The City hosted two Homeless Services Community Forums in 2023. PATH (People Assisting The Homeless) presented an overview of their operations at the County’s shelter, the Yale Navigation Center, as well as other County initiatives for encampment removal and limited street outreach and engagement. The County’s Office of Care Coordination presented an overview of County funding sources, shelter operations, and collaboration with state, city, and contracted service providers. The programs are available in the NBTV archives for viewing. • The outreach and engagement team had two notable permanent housing placements in 2023. One woman needed multiple stays at the Costa Mesa Bridge Shelter, the Yale Navigation Center, and the Buena Park Navigation center before becoming stabilized to move forward with housing. She utilized the Newport Beach Public Library’s literacy program to bolster her reading and social skills, met regularly with the Be Well team to regulate her behavioral health, and collaborated with the City’s homeless services manager to transition into housing. She was housed in January. The Newport Beach Police Department’s homeless liaison officer placed a gravely ill man on an involuntary medical hold and took the lead to coordinate an assisted living placement at the end of December. This placement included City Net activating his insurance, Be Well advocating for a seamless transfer from the hospital to the facility, and the City’s Finance department processing the Good Giving payment. Thanks to generous funding from the Good Giving program, the homeless liaison officer was able to facilitate the placement and payment for his permanent housing. 45 12 Programs Status 14.2 Coordinate with School Districts Ongoing Staff works with Newport Mesa Unified School District, Santa Ana 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 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 applicable. 14.3 Coordinate with Orange County Ongoing 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 County Transportation Authority (OCTA) Ongoing 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. Additionally, Staff attends OCTA Traffic Forums along with other Orange County agencies on a biannual basis to discuss regional traffic items and traffic signal synchronization. 14.5 State of California Department of Housing and Community Development (HCD) Ongoing The 2023 General Plan Annual Progress Report, including the Housing Element Report, will be sent to HCD in April 2024. 14.6 Coordinate with California Coastal Commission Ongoing • Big Canyon Restoration - Phase 2A. This project in the center of the Nature Park contains jurisdictional wetlands and requires permits from 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 was completed early 2022. 46 13 Programs Status • Big Canyon Restoration - Phase 3 (formerly 2B/C). This proposed project at the mouth of Big Canyon Nature Park contains jurisdictional wetlands and requires permits from 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. A design consultant has been selected and design was completed in 2022. Proposed project start: April 15, 2023. Substantially complete, December 1, 2023. The City has agreed to be CEQA lead. • Planning and Public Works staff routinely communicate directly with Coastal Commission staff on an as- needed basis regarding implementation of the Local Coastal Program. The following are Coastal Commission Actions related to LCP Amendments in 2023: o On December 9, 2022, the City submitted a three-part LCP Amendment (LCP-5-NPB-22-0056-1) to the Coastal Commission for their review and approval. The three parts include: Part A) Request to amend the Implementation Plan (IP) of the City’s certified Local Coastal Program to incorporate standards and establish an approval process for considering density bonuses with housing development projects. These amendments are required to ensure the City’s regulations are in compliance with State law; Part B) Amend development limit to increase the maximum gross floor area allowed on the Lido House Hotel site from 103,470 square feet to 118,573 square feet and delete references to fire station; and Part C) Clarifying development allowances for residential uses that are nonconforming due to density and reinstating a side setback allowance for properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and the RM-6,000 zoning and coastal zoning districts. Part B amendment was approved by the California Coastal Commission on February 8, 2024. Hearings on Parts A and C are anticipated by Hearings are anticipated in Spring of 2024. o On April 11, 2023, the City received a letter from the California Coastal Commission requiring the installation of protection fencing and monthly bird monitoring. In November of 2023, the required fencing was installed and monthly monitoring continues in compliance with the order. o On April 13, 2023, the City submitted a three-part LCP Amendment (LCP-5-NPB-23-0019-1) to the Coastal Commission for their review and approval. The three parts include: Part A) Update the Accessory Dwelling Unit (ADU) provisions to further incentivize ADU construction and incorporate revisions necessary to comply with 2022 ADU legislation; Part B) Increasing the development limit specified for Bay Island from 23 dwelling units maximum to 25 dwelling units maximum; and Part C) Change land use designation of site from Neighborhood Commercial (CN) to Two-Unit Residential (R- 2). Hearings are anticipated in Summer of 2024. o On September 11, 2023, the City submitted a two-part LCP Amendment (LCP-5-NPB-23-0039-3) to the Coastal Commission for their review and approval. The three parts include: Part A) Request to 47 14 Programs Status amend the Implementation Plan (IP) of the City’s certified Local Coastal Program (LCP) to establish the Special Flood Hazard (VE) Overlay District; and, Part B) Request to amend the certified Implementation Plan (IP) of the City’s Local Coastal Program (LCP) revising regulations pertaining to commercial parking. Hearings are anticipated in Fall of 2024. o On, February 28, 2023, the City submitted request to the Coastal Commission for Coastal Development permit (CDP) jurisdiction for lands meeting the criteria of Coastal Act Section 30613. This would provide the City with increased and consolidated CDP issuing authority for properties that are currently bisected with Coastal Commission jurisdiction, eliminating lengthy and costly reviews by both agencies. City and Coastal Commission staff are conducting regular working sessions to refine the jurisdiction boundaries and finalize the request. o On October 4, 2023, the City submitted a coastal development permit request to reconfigure the 5.5- acre Mooring Field C from single-row to double-row moorings. Mooring Field C currently has 55 moorings and may have up to 62 moorings upon completion of the proposed Project. The application is currently under review. 14.7 Coordinate with the California Resources Agency, Department of Fish and Game (now known as California Department of Fish and Wildlife) Ongoing 1. Planning and Public Works staff routinely communicates with California Department of Fish and Wildlife with regards to the management of Upper Buck Gully and the upper Newport Bay. 2. Recreation and Senior Services staff 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. 14.8 Coordinate with the California Department of Parks and Recreation Ongoing 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 2023 include the following: 1. Natural Resource Division continued to work with various City departments on issues concerning natural resources and strategies to inform and educate the public. 48 15 Programs Status 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 staff engaged with the public, at our tidepool areas within the Marine Protected Area, in order to discourage illegal collecting and educate visitors about the rules of the protected area. 4. The Natural Resource Division continued to work with other City departments and U.S. Fish and Wildlife Service on the Western Snowy Plover Management Plan to establish a set of programs and management practices to protect the Western Snowy Plover and improve best management practices. The City also implemented the California Coastal Commission approved fencing plan, protecting critical habitat between D St and F St and adding educational signage. 5. The Natural Resource Division partnered with other City departments, Newport Bay Conservancy, Newport Dunes Resort and Marina, California Department of Fish and Wildlife and California Coastal Commission to run the Fostering interest in Nature (FiiN) program. The program is a three-day, two-night science camp program located within the Upper Newport Bay MPA for Title I fifth grade students. In the Fall, 442 students attended during the eight-week program. 14.9 Coordinate with the California Department of Transportation (“Caltrans”) Ongoing 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, construction and/or special events: • The City continues to coordinate with Caltrans in review of upcoming projects and as a project team member for current construction projects including the ongoing SR-55 (Newport Blvd/Hospital Rd) traffic signal upgrade, SR-1 (Coast Hwy) pavement and traffic signal rehabilitation projects. West Coast Highway Coordination with Caltrans Paving Project • Caltrans is paving Coast Highway from the Santa Ana River to Jamboree. • Caltrans new policy is not to lower manholes before they pave the road. This leads to a less smooth ride. • The City has contracted separately to hire a contractor to lower all utility manholes/ valve covers before Caltrans paves. • Caltrans will then be able to pave the road more accurately and smoothly. 49 16 Programs Status • Once paving is complete, the City’s contractor will raise all the manholes/ valve covers to the new pavement surface. The result will be a much smoother, long lasting pavement surface. • The City also coordinated with Orange County Sanitation District (OCSD) to have their facilities lowered and raised to grade along with the City’s facilities. 14.10 Transportation Corridor Agencies (TCA) Ongoing 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. Councilmember Grant is the city representative on the TCA board. 14.11 California Public Utilities Commission (CPUC) Ongoing 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 property owner funded assessment districts, to provide funding for undergrounding projects. Most of the funding for undergrounding in the City has come from these assessment districts using CPUC Rule 20B. In years past, the City received 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. However, the 20A program was suspended by the CPUC at their June 8, 2021, commission meeting. SCE will only complete “Active” 20A underground projects; Balboa Boulevard being the only remaining City project, will be completed by summer of 2024. The City Council approved four Rule 20B Utility Underground Assessment Districts in the past five years, upon a positive resident vote: one adjacent to the Balboa Boulevard Rule 20A project (AD-111), and a 2018 approved district for the west side of Balboa Island (AD-113), and two districts approved in 2021 for the remaining portions of Balboa Island (AD-124) and a small area on Santa Ana Avenue near Cliff Drive (AD-120-2). All these assessment districts are in various stages of completion. AD-111 on the Balboa Peninsula and AD-113 in west Balboa Island will both be completed in 2024. The remaining two will be completed in future years. Staff also continues to work with other resident groups in Harbor Highlands, Balboa Peninsula and Corona del Mar for possible other Rule 20B projects, though activity has somewhat slowed. 50 17 Programs Status 14.12 Coordinate with United States Army Corps of Engineers (“Corps”) Ongoing 1. Public Works staff continues to strategize and coordinate with the Corps on the next phase of dredging the Lower Bay to the federally authorized and approved depths. The City completed all of the pre-project planning including sediment testing/approval, design, engineering, environmental review and permitting (with Corps input). Funding is secured and construction is scheduled to begin in the Spring of 2023. 2. Big Canyon Restoration - Phase 2A. Complete. 3. Big Canyon Restoration – Phase 3 (formerly called Phase 2B/C). This proposed project is at the mouth of Big Canyon Nature Park and contains a wetlands Design and permits are complete with construction to begin in the Fall of 2024. 4. San Diego Creek Interceptor (formerly called the Newport Bay Water Wheel) – The Trash Interceptor is currently under construction in San Diego Creek just upstream of the Jamboree Road Bridge. The project is 50% complete and will be finished in July 2024. 14.13 Coordinate with United States Fish and Wildlife Service Ongoing Big Canyon Habitat Restoration and Water Quality Improvement Project – Phase 2A and Phase 3 contains jurisdictional wetlands and requires permits from 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. Phase 2A was completed in early 2022. For Phase 3 - A design consultant has been selected and design was completed in 2022. Proposed project start: April 15, 2023. Substantially complete, December 1, 2023. The City has agreed to be CEQA lead. 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 U.S. Fish and Wildlife Service and the California Coastal Commission has occurred and will continue to occur for the preparation of a revised draft plan. In the interim, the City has installed protective fencing and is conducting monthly monitoring and reporting the California Coastal Commission. 14.14 Coordinate with Environmental Protection Agency Ongoing The City coordinates with the U.S. EPA in collaboration with other resource agencies in the protection of terrestrial 51 18 Programs Status (EPA) 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 States Postal Service (USPS) (for the relocation of Mariners’ Mile distribution facility) Complete The USPS distribution facility was relocated to Santa Ana and Anaheim. The USPS maintains a location in the Mariners’ Mile area offering typical retail mail services. 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 Banning Ranch Prior to Development Ongoing The City’s goals and policies encourage the annexation of the entire Banning Ranch property prior to any development. However, it is notable that in 2023, most of Banning Ranch was acquired by a private party for use and conservation as permanent open space. 52 19 Programs Status 16.1 Improve Arterial Streets and Highways According to Classification Ongoing West Coast Highway (SR-1) and Old Newport Boulevard Intersection Improvements – The project will improve 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) is approved. The City is currently working with Caltrans on Right-Of-Way acquisition. West Coast Highway (SR-1)/Superior Avenue Bridge project will install a pedestrian and bicycle bridge over the north leg of the intersection (Superior Avenue). The project has been awarded grant funding through the OCTA Bicycle Corridor Improvement Program 16.2 Monitor Traffic Conditions and Plan for and Fund Improvements Ongoing 1. Traffic Engineering Staff continues to operate the Traffic Management Center to monitor and respond to traffic issues during and after normal work hours, Holidays, peak summer season, special events and construction projects. 2. Traffic Signal Rehabilitation Programs (see Program 16.4) 3. Installation of additional CCTV Cameras includes field surveillance cameras for integration into the City Traffic Management Center to monitor and change the traffic signal system depending on traffic conditions. 16.3 Construct Street and Highway Improvements Ongoing Staff continues to work with Caltrans regarding the design to improve 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) is approved. The City is currently working with Caltrans on Right-Of-Way acquisition. The City maintains a Pavement Management Plan and performs roadway pavement resurfacing projects to maintain roadways at a high level. Roadways are improved through replacement of deteriorated roadway surfaces with new concrete or asphalt pavement, including new traffic striping and traffic sign cleanup. Local and neighborhood streets are maintained through the annual roadway slurry seal program. 53 20 Programs Status 16.4 Monitor Roadway Conditions and Operational Systems Ongoing The City continues to monitor and improve traffic flow through proactive maintenance and updates to the City’s modern traffic signal system. • The City has teamed up with the Orange County Transportation Authority (OCTA) and the City of Irvine to update traffic signal communication, control equipment and coordination along MacArthur Boulevard, Bonita Canyon Drive and Ford Road through the Measure M2 grant-funded projects. These projects are being led by the City of Irvine and are in the Design phase. 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 Master Plan of Arterial Highways) Ongoing The City monitors the regional Arterial Program, OCTA’s Master Plan of Arterial Highways, and the Countywide traffic model to ensure consistency. Public Works staff coordinates with regional jurisdictions on an as-needed basis. 16.6 Local/Neighborhood Access Roads Ongoing 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 maintains the Pavement Management Plan and performs roadway pavement resurfacing projects to maintain roadways at a high level. Roadways are improved through replacement of deteriorated roadways surfaces with new concrete or asphalt pavement, including new traffic striping and traffic sign cleanup. Local and neighborhood streets are maintained through the annual roadway slurry seal program. 54 21 Programs Status 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 Program will rehabilitate traffic signals within Newport Coast and along the Balboa Peninsula. 2. The Public Works Department maintains the traffic signal system through an ongoing Traffic Signal Maintenance agreement with a contractor that specializes in traffic signal maintenance. 3. Roadway signage and striping is maintained on as needed by the City’s Municipal Operations Division of the Public Works Department. Large-scale signage and striping maintenance/replacement is accomplished through the Capital Improvement Program. 16.8 Provide Public Transportation Ongoing 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. Since 2017, the City has operated a shuttle service on the Balboa Peninsula during the summer with OCTA grant funding. The free trolley service generally runs from 9:30 a.m. to 9:30 p.m. on Saturdays and Sundays from Memorial Day weekend through Labor Day, as well as on July 4, making 22 stops along the peninsula. Funding from OCTA to continue the program is available for up to six years, subject to the City meeting ridership minimums and at the discretion of the City Council. In its third summer (2019), the shuttles carried over 26,000 riders at an average of 798 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. During 2020, the shuttle service was put on pause due to the COVID-19 pandemic. City staff has worked collaboratively with OCTA staff to make sure funding is maintained for future years to resume the program. The program returned in 2021 to provide services in a limited capacity and continued in both 2022 and 2023. 55 22 Programs Status 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. 16.10 Improve Parking Supply and Management Ongoing Parking availability can be challenging especially during the summer 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. Creating new parking is often expensive. The City requires new development to provide off-street parking in accordance with the Zoning Code and Local Coastal Program thereby increasing parking supply. On April 17, 2019, the City submitted a Local Coastal Program Amendment (LC2017-001) to the California Coastal Commission to add the Balboa Village Parking Management Overlay District to the certified Local Coastal Program Implementation Plan. On February 23, 2021, the City Council approved modifications to the Balboa Village overlay provided by the California Coastal Commission with final certification anticipated in the coming months. Near the end of 2021, the City prepared a parking management plan for the Balboa Village overly (PM-1) and submitted it to the Coastal Commission for a consolidated coastal development permit review in early 2022. Building off the Balboa Village effort, the City Council directed staff in 2021 to study the development of Parking Management Overlay Districts in other activity nodes within the City. The City has retained a parking consulting firm to assist with this effort and is actively studying other parking management tools such as curbside management and code updates to address parking requirements in light of the increase in rideshare and other alternative forms of transportation. The City anticipates conducting public hearings for the potential adoption of additional Parking Management Overlay Districts and parking management tools by the end of 2023. CCC returned it back to the City and it is on the calendar for Phase 1 April 20th. In 2023, the City Council adopted an ordinance to adjust commercial parking requirements, which are now effective in City areas outside of the Coastal Zone. The City submitted the accompanying Local Coastal Program Amendment in the fourth quarter of 2023, and is currently working with the California Coastal Commission to refine the application. 56 23 Programs Status 16.11 Maintain Trails Ongoing The City continues to maintain existing bike paths and trails that are within the City’s jurisdiction. The City continues to review and expand bicycle facilities during roadway reconstruction projects. The City continues on-street bike lane maintenance and improvements via roadway reconstruction projects. 16.12 Marine Transportation Complete The City’s Harbor Commission studied the feasibility of a water taxi in the harbor. A fixed route and an on-demand system were examined. Constraints include providing appropriate accessible locations to pick-up and drop-off passengers in a safe manner. Due to the size of the harbor, number of vessels, and cost, the fixed route model was deemed infeasible. The on-demand system was deemed infeasible due to low demand for the service. Either way, a public significant subsidy was identified and there was no funding source. As a result, further study of a water transportation service was abandoned. 17.1 Maintain and Implement Urban Water Management Plans and Encourage Conservation Ongoing California has been declared drought-free after the latest update from the U.S. Drought Monitor shows most of the state is free from any drought classification. Drought conditions across the state have retreated after last year’s winter season brought heavy rain and historic snowfall to multiple regions. Tropical Storm Hilary brought even more rain during the summer. However, winter 23- 24 has resulted in a moderate snowpack, 50% of normal. The State could gradually make its way back into drought status. January 2024 began a reporting requirement for all water suppliers will calculate its own objective, annually. This calculation is based upon the water need in its service area for efficient indoor residential water use, outdoor residential water use, commercial, industrial and institutional (CII) irrigation with dedicated meters. The calculation will include reasonable amounts of system water loss, along with consideration of other unique local uses (i.e., variances) and “bonus incentive,” or credit, for potable water reuse, using the standards adopted by the Board. otable water reuse, using the standards adopted by the Board. Efficient water use is the most cost-effective way to achieve long-term conservation goals, as well provide the water supply reliability needed to adapt to the longer and more intense droughts climate change is causing in California. Although it does not impose individual mandates for homeowners or businesses, the mandates will focus on urban water suppliers – not customers. Specifically, the bills call for creation of new urban efficiency standards for indoor 57 24 Programs Status use, outdoor use, and water lost to leaks, as well as any appropriate variances for unique local conditions. For more information, visit: https://www.waterboards.ca.gov/publications_forms/publications/factsheets/docs/water_efficiency_bill_factsheet.pdf One component to achieving water use standards and minimizing water loss, is the large investments in installing automated metering Infrastructure [ AMI metering] the City has made. This enables both the City and its customers to track their water usage in hourly increments. Armed with this information, leaks are detected quickly, and customers are informed of how much water they use. As a complement to the AMI installations, the City has partnered with Aquatrax, a web and mobile application portal allowing each customer to visualize their respective water consumption and historical trends. 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, use of closed-circuit television (CCTV) program to monitor the system, and an aggressive lift-station cleaning program continues. 19.1 Maintain Storm Drainage Facilities Ongoing The City provides an annual budget allocation for ongoing maintenance of the City’s storm drain system. Additionally, the City identifies additional system enhancements in the City’s Capital Improvement program. Storm drain facility improvements are estimated at $18M. Projects include: 1. Newport Bay Trash Interceptor – estimated Completion July 2024. 2. Big Canyon Project Phase 3A– design and permitting completed. 3. Balboa Island Storm drain Improvements – Design and Permitting Underway. 4. Street sweeping program consisted of 37,729 curb miles swept, removing 5,168 tons (dry) of debris. 58 25 Programs Status 5. The City’s 86 tidal valves are operated/maintained on a regular basis. 6. Six miles of channel and 3,268 catch basins were cleaned, yielding 384 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 drain system/bay/ocean. 20.1 Design, Fund, and Construct Streetscape Improvements (continued) Ongoing This is an ongoing effort that is budgeted through the City’s Capital Improvement program. Newport Blvd., Industrial Way to West Coast Highway median landscaping and slope landscaping parkway right-of- way along Newport Blvd. from Industrial Way to Coast Highway. Newport Boulevard Median Landscape and West Coast Highway Landscape Improvements • City is updating the median landscaping on Newport Boulevard from Industrial Way to Pacific Coast Highway, to improve the appearance of the median as it serves as a main entrance to the City. • The median enhancements will include grubbing and clearing of all understory shrub plantings, while retaining the existing Mediterranean Fan and Windmill Palms. The new understory plants will consist of California friendly drought tolerant plants such as: aloes, natal plum, colorful red yucca accents and blue- gray chalk finger ground covers. • The hillside slopes will be relandscaped with colorful Bougainvillea and African Tulip accent trees. • These efforts will freshen up these areas and create an inviting corridor to visitors entering the City. West Coast Highway northside adjacent to the Santa Ana River • This project will add landscape to this barren stretch of Coast Highway and adding color and greenery. • The landscaping here will include accent red yucca, aloes, bougainvillea, natal plum and coral trees. Newport Blvd., 16th street, and coast highway median landscaping and slope landscaping parkway right-of-way along Newport Blvd. from Industrial to Coast Highway. In addition, a small slope on West Coast Highway near the Santa Ana River is also included for improvement. Construction slated to start March 2024 and anticipated completion is December 2024. 59 26 Programs Status 20.2 Design, Fund, and Construct Waterfront Promenade On Hold 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. 20.3 Fund and Construct Public View Sites Ongoing Superior Avenue Bridge and Parking Lot project will install a new pedestrian and bicycle bridge over the north leg of the West Coast Highway/Superior Avenue intersection. The project has been awarded grant funding through the OCTA Bicycle Corridor Improvement Program. City Council approved the concept design in November 2019 and the Coastal Development Permit was approved by the Newport Beach Zoning Administrator in December 2020. The permit was appealed in January 2021. The City ultimately received the Coastal Development Permit from the California Coastal Commission in August 2021. The project is currently under construction and is scheduled to be completed in Fall 2024. 21.1 Review and Update Harbor and Tidelands Improvement Plans Ongoing 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 each year, including 2022. 21.2 Develop Harbor Area Management Plan (HAMP) Complete In November 2010, the City Council approved the HAMP. 21.3 Events Management and Programs Ongoing 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. City staff usually teams up with the Orange County Water District to provide education on how to protect our coast and waterways from trash at the Children’s Water Education Festival which was held March 29-30, 2023. 21.4 Harbor Operations and Management Ongoing A joint City/County study that evaluates the costs and efficiency of current services provided by the City and County 60 27 Programs Status in Newport Harbor and opportunities to realign these to reduce costs was considered in 2021 and had support from the LAFCO organization. The study did not move forward based on guidance from County leadership who felt the study was not needed at this time. A new study may be prioritized in the future based on needs and funding. 22.1 Maintain and Enhance Police and Fire Facilities Ongoing 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. 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. Capital improvement plans approved include: 1. Renovate and improve accessibility conditions at San Miguel Playground 2. Replacement of park assets identified in the Facility Condition Assessment including shade elements at Bonita Creek Park and Arroyo Park 23.2 Maintain and Improve Parks and Recreation Facilities Ongoing In 2023, the following accomplishments were achieved: 1. Ongoing maintenance of existing facilities; 2. Playground renovation at West Newport Park (58th Street and Orange Street)- construction complete; 3. Construction of Newport Beach Junior Guard building and community center; scheduled to be completed in 2024; 4. Design for Arroyo Park synthetic turf conversion and LED upgrade complete; Construction started and scheduled to be completed in 2024; 5. Design for pickleball courts Newport Ridge Park completed. Construction started and scheduled to be completed in 2024; 6. Design for Bonita Creek Community Center renovation complete; construction schedule to start and be completed in 2024; 7. Design for OASIS Community Center LED retrofit complete; Construction scheduled to start in 2024; 61 28 Programs Status 8. Playground renovations at Peninsula Park; Construction scheduled to start and be completed in 2024; 9. Finalized agreements with Boys and Girls Club (Lease at Eastbluff Park), Newport Harbor Lawn Bowling Club (Lease at San Joaquin Hills Park) and Newport Aquatic Center (Ground Lease at North Star Beach); 10. Resurfaced basketball court at Coastal Peak Park; and 11. Added ADA sidewalk extension for improved access to soccer field at Bonita Creek Park. 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. 62 29 Programs Status 23.4 Maintain Recreation Programs for Newport Beach’s Residents Ongoing 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. Additionally, OASIS Newsletter is published monthly to promote Senior programs and services. 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 2023: 1. Arroyo Park Synthetic Turf Design 2. Mini Library Donation- Mariners Park 3. Bench Donations- Kings Road Park 4. Review of Council Policy G-1 Notification Procedures 5. Review of Newport Beach Municipal Code and Council Policy Manual 6. Nine Tree Reforestations Requested 7. Light request for Newport Mesa Soccer Club (Bonita Canyon Sports Park 5) and Pateadores (Bonita Creek) 8. Presentations – Park Patrol, Aquatics, OASIS Fitness Center, Contract Classes/Special Events, Youth Programs 9. Presentation to outgoing Commissioner Laird Hayes 10. Community Service Awards: Eric Tweit, Laird Hayes, Spencer Pirdy 11. Elections – Kate Malouf, Chair & Kiera Kirby, Vice Chair. Ad Hoc Committee Appointments: G-1 Council Policy Review Sunset; Community Service Award Reappoint Heather Ignatin, Diane Daruty, and Anne Yelsey; Youth Sports Commission Member Organization Reappoint Kate Malouf, Keira Kirby, David Granoff; Municipal Code and Council Policy Manual Review Reappoint Diane Daruty, Heather Ignatin, and Kate Malouf; Ocean Blvd Reappoint Hassan Archer, Keira Kirby and Anne Yelsey. 23.5 Requirements for Residential Developers Ongoing Park fees are assessed for all new residential subdivisions pursuant to the Subdivision Map Act and the City’s Subdivision Code. Last adjusted in 2007, Resolution No. 2020-95 approved by City Council on November 10, 2020, adjusts the park fees pursuant to an appraisal. The adjusted rate went into effect January 9, 2021, and will be phased-in over two years. 63 30 Programs Status 24.1 Adopt and Implement Strategic Plan for Fiscal and Economic Sustainability Ongoing In June 2009, the City Council updated its Strategic Plan for Fiscal and Economic Stability 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. The Strategic Plan continues to be reviewed and implemented each year. 25.1 Implement Housing Element Programs Ongoing 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 Progress Report. 26.1 Enforce Codes and Ordinances Ongoing 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 Façade Improvement Program. The Program provides grant monies to eligible property and/or business owners to make improvements to the façade 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 Base Ongoing The Police Department maintains a crime statistics database to keep track of the type and occurrence of criminal 64 31 Programs Status 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). 28.2 Maintain Emergency Preparedness, Response, and Recovery Programs Ongoing On March 23, 2023, the City participated in the Statewide Tsunami Communications Drill. Representatives from Fire, Police, Lifeguards and the Harbor Department gathered at the City Emergency Operations Center (EOC) and discussed protocols and communication resources to be utilized during a tsunami event. On July 4, 2023, 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 Thursday, September 21, 2023, 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 Police Department. The City’s Emergency Preparedness Committee (EPC) is comprised of representatives from each department and meets quarterly. The EPC works collaboratively to plan, train, and address all city emergency management threats. 29.1 Educate the Community Ongoing 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 include: 65 32 Programs Status • Emergency Siren System Test (1/6/23) • Emergency Siren System Test (2/3/23) • Emergency Siren System Test (3/3/23) • Emergency Siren System Test (4/7/23) • Emergency Siren System Test (5/6/23) • Emergency Siren System Test (6/2/23) • Emergency Siren System Test (7/7/23) • Emergency Siren System Test (8/4/23) • Emergency Siren System Test (9/1/23) • Emergency Siren System Test (10/6/23) • Emergency Siren System Test (11/3/23) • Emergency Siren System Test (12/1/23) 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. 29.2 Support of the Arts, Culture, and Historic Resources Melissa Harston Ongoing 2023 Arts and Culture Update: Concerts on the Green Three concerts were held Summer 2023 with hundreds of residents and guests in attendance at each performance. Concerts took place in Civic Center Park. Concert at Marina Park In October, residents and guests attended the annual Concert at Marina Park. The Fall concert featured Tiffany Dennis & Cruise Control. Exhibits in the Central Library The City Arts Commission maintains exhibit space at the Central Library. The City Arts Commission’s Art in Public Spaces Ad Hoc Subcommittee meets periodically to review artist's submissions for exhibition in the Central Library Lobby Gallery. Upon acceptance, exhibiting artists must agree to the conditions and 66 33 Programs Status requirements detailed in the City Council Policy I-11. Artists were booked through 2023 to exhibit in the gallery space. Newport Beach Art Exhibition Following a 3-year hiatus, the Cultural Arts Division saw the return of the 56th Annual Newport Beach Arts Exhibition in June 2023. The event featured 246 pieces of artwork by 143 artists and attendees enjoyed the art show with live music, food, and activities throughout the day. Newport Beach Arts Foundation The Newport Beach Arts Foundation, a private non-profit 501 (c) (3) organization, has been dedicated to supporting cultural arts activities of the Newport Beach City Arts Commission. Their annual Art in the Park fine arts and artisans fair took place in September 2023. Cultural Arts Grants In 2023, arts organizations were awarded a total of $30,000 of grant funding for the use of expanding arts programs to the local community. Sculpture Exhibition in Civic Center Park In June 2023, the City Arts Commission completed Phase VIII of the Sculpture Exhibition in Civic Center Park with the grand opening ceremony held the same day as the Newport Beach Art Exhibition. Student Art Exhibition The Newport Beach Student Art Exhibition opened to students grades pre-K through 12 during the fall of 2022. Accepted artwork was displayed at the Central Library in January 2023 and an awards ceremony for contest winners was held during the City Arts Commission’s January 2023 meeting. 29.3 Support Community Environmental and Recreation Initiatives Ongoing 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 while advocating for development of approximately 10% of the site for housing including affordable housing to assist the City’s efforts to meet the 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. 67 34 Programs Status 30.1 Maintain Annual Budgets for City Services and Improvements Ongoing 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 2022, the City Council approved the budget and CIP for the Fiscal Year 2022-23. In June 2023, the City Council approved the budget for the Fiscal Year 2023-24. 30.2 Administer Impact and User Fees (Development Impact Fees, Park Dedication and In- Lieu Fees, and Tideland Revenue Fees) Ongoing 1. Development impact fees including fair share traffic fees are assessed for each development project. The completion of updating the Fair Share Traffic Fee has been put on hold (see Program 7.2). 2. Park dedication fees are assessed on a project-by-project basis pursuant to the Subdivision Code. Last adjusted in 2007, Resolution No. 2020-95 approved by City Council on November 10, 2020, adjusts the park fees pursuant to an appraisal. The adjusted rate went into effect January 9, 2021 and will be phased-in over two years. 3. Annually in January the fees for onshore and offshore moorings escalate based on the Consumer Price Index. The new fees were implemented with the billing cycle beginning January 1, 2024 4. Annually in calendar Q2 the services of the Harbor Department and associated fees are evaluated. Additionally, the Harbor Department was selected to participate in the 2023 Fee Study. The Harbor Department recommended revisions to existing fees including a reduction in the cost of an appeal to the Harbor Commission. The Harbor Department also recommended several new fees be added including: a. Rhine Wharf permit b. Variance applications c. Use of electrical cord and/or adapter while at Marina Park d. Purchase (non-return) of electrical cord or adapter e. Mooring size exchange f. Mooring license application fee g. Mooring license waitlist fee (one-time or annual) h. Group/exclusive use fee for Marina Park i. Deposit/late cancellation fee for use of Human Lift - Marina Park j. MOORING ASSISTS- AFTER HOURS k. Deposit/late cancellation fee for use of Human Lift - Balboa Marina PD 31.1 Consider the Establishment of Community Facilities Ongoing City staff has been evaluating the potential need to establish a Community Facilities District for the Airport Area to 68 35 Programs Status and Special Assessment Districts potentially support additional public safety equipment and personnel. As an alternative to establishing financing districts, the City Council initiated a study of Development Impact fees as a way to fund future facility needs. The study was started in 2021 and should be completed in 2024. 69 INTENTIONALLY BLANK PAGE 70 1 APPENDIX B. 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 provides mandatory forms (Excel spreadsheets) and definitions to meet State law reporting requirements. The forms include six large tables (Tables A through F). The complete Table D is provided below but the forms are too large to copy for this report and are available online at the following link: www.newportbeachca.gov/APR. Table D - 2022 Housing Element Implementation Status Pursuant to Government Code Section 65583 Policy Action Policy Status 1A: Airport Environs Sub Area The City will establish a housing opportunity overlay district, or similar rezoning strategy, in the Airport Environs area for 172 acres of land to provide for the accommodation of at least 2,577 housing units in the Very Low, Low, Moderate and Above Moderate-income categories. In Progress In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program-level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024. 71 2 Policy Action Policy Status 1B: West Newport Mesa The City will establish a housing opportunity overlay, or similar rezoning strategy, in the West Newport Mesa area for 47 acres of land to provide for the accommodation of at least 1,107 housing units in the Very Low, Low, Moderate and Above Moderate- income categories. In Progress In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program-level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024. 1C: Newport Center The City will establish a housing opportunity overlay, or similar rezoning strategy, in the Newport Center area for 163 acres of land to provide for the accommodation of at least 2,439 housing units in the Very Low, Low, Moderate and Above Moderate- income categories. In Progress In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program-level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024. 72 3 Policy Action Policy Status 1D: Dover/Westcliff The City will establish an overlay, or similar rezoning strategy, in the Dover / Westcliff area for 20 acres of land to provide for the accommodation of at least 521 housing units in the Very Low, Low, Moderate and Above Moderate-income categories. In Progress In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program-level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024. 1E: Banning Ranch The City will continue to pursue residential opportunities on a portion of the Banning Ranch site, consistent with existing General Plan policies to provide opportunities for up to 1,475 residential units at an average density of 50 dwelling units per acre. In Progress In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program-level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024. 73 4 Policy Action Policy Status 1F: Coyote Canyon The City will rezone at least 34 acres of land on the Coyote Canyon site, as shown in Appendix B, to accommodate up to 1,530 housing units at an average density of 60 dwelling units per acre. In Progress In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. Outside of this reporting period, the City released its draft program-level environmental impact report (EIR) for the increased development capacity on February 12, 2024. The City expects to complete implementing zoning by the end of 2024. 1G: 5th Cycle Housing Element Sites To comply with State law, the City will amend Title 20 of the Newport Beach Municipal Code (NBMC) to permit residential uses by-right for housing development projects in which at least 20% of the units are affordable to lower-income households. In Progress In late 2022, the City began working with a consultant and the community to update the Land Use Element to support the adoption of an overlay zoning with objective design standards for the housing opportunity sites in accordance with the Implementation Actions of Subsection B in Section 4 (Housing Plan) of the Housing Element. The City expects to complete implementing zoning by the end of 2024. 74 5 1H: Accessory Dwelling Unit Construction The City will aggressively support and accommodate the construction of at least 240 ADUs by a variety of methods. In Progress In 2023, the City pursued several efforts related to revising the City’s regulations pertaining to accessory dwelling units and incentivizing their development: • Code Amendment Related to State Law Updates and Additional Incentives: In September of 2022, the Legislature approved, and the Governor signed, SB 897 (Chapter 6664, Statutes of 2021) and AB 2221 (Chapter 650, Statutes of 2021) into law that amended Government Code Sections 65852.2 and 65852.22 to impose new limits on the City’s ability to regulate ADUs and JADUs. On January 5, 2023, the Planning Commission considered the proposed amendments incorporating Ad-Hoc Committee recommendations and State Law updates and recommended their adoption to the City Council. On January 24, 2023, the City adopted the proposed code changes. On April 13, 2023, a Local Coastal Program (LCP) Amendment application was submitted to the California Coastal Commission to incorporate the changes into Title 21 (Local Coastal Program Implementation Plan) of the Municipal Code. • Website Enhancements: In Spring of 2023, the Community Development Department launched comprehensive update to the Newport Beach ADU webpage. The webpage is intended to supplement the City’s outreach and foster interest in constructing ADUs. The website now includes a downloadable guidebook, interactive activities and exercises to help homeowners plan their ADU, an online calculator to estimate costs, and standard plans. The website also includes resources to help the homeowner understand the different types of ADUs by providing links to development standards and processes. External resources 75 6 Policy Action Policy Status are available for potential finance and grant opportunities for homeowners. Users can look up their property attributes including zoning and approximate lot size. An interactive mapping application is also included for residents to see the ADUs that are being constructed in their neighborhoods. The Newport Beach ADU website can be reached at https://www.newportbeachca.gov/adu • ADU Standard Plans: In Fall of 2023,the City launched its ADU Standard Plans program designed to offer property owners permit ready ADU plans at no charge. Use of the standard plans provide a substantial cost savings ($15k to $30k) for property owners by eliminating the need to hire a design professional to prepare custom set of architectural and structural plans. They also reduced the permit review process since the architectural and structural component of the plans have been pre-reviewed and approved for building code compliance. The City currently offers two separate types of studio designs, one one-bedroom designs, and garage conversion plans. • ADU Permit and Plan Check Fee Waiver: On November 29, 2022, the City Council extended a pilot program to temporarily waive City plan check review fees, building construction permit review fees, and other City permit fees directly related to a project creating an ADU or a JADU. The fee waiver extension will run through the end of 2024 and will complement other new City programs intended to promote and facilitate ADU development, including website enhancements and pre-approved plans. 76 7 Policy Action Policy Status 1I: Accessory Dwelling Units Monitoring Program The City will annually monitor its progress in permitting an average of 30 ADUs annually, for a total of 240 ADUs during the planning period, in conjunction with Annual Housing Element Progress Report. Ongoing In 2023, 72 ADUs were submitted for review. There were 71 ADUs that received building permits and final inspections, resulting in a net increase in new units. A significant contribution was the 30 ADUs that were finalized at the existing 880 Irvine Apartments. The project converted existing mail rooms, utility rooms, and offices into ADUs. All ADUs that received permits in 2023 will be counted towards the new 6th Cycle RHNA. 1J: Accessory Dwelling Units Amnesty Program The City will establish a program to allow owners with existing unpermitted ADUs to obtain permits to legalize the ADUs during the 2021-2029 planning period. In Progress In July 2023, the City rolled out its Safe ADU program. The program consists of informational materials (i.e. webpage and public handout) advising property owners of the benefits of legalizing unpermitted units and the new opportunities (i.e., SB 897) and incentives (i.e., current fee waiver) available to them. The City’s ADU webpage now includes a dedicated page to this effort where the attached flyer can also be obtained: https://www.newportbeachadu.org/safeadu. The flyer was also distributed in City water bills to notify property owners of the program. 77 8 Policy Action Policy Status 1K: Inclusionary Housing Policy The City will investigate inclusionary housing policy options as an additional means to provide a variety of housing types and opportunities for very low, low- and moderate-income households in Newport Beach. In Progress In 2022, the City retained Keyser Marston Associates, Inc. (KMA) to prepare a financial evaluation for prospective inclusionary housing program options in the City. The City Council has held study sessions and continues to explore the appropriate policy choice that will encourage and not hinder affordable housing development. As a related action in 2023, the City Council revised the inclusionary requirement for the Residential Overlay in the Airport Area, reducing it from 30% to 15%. KMA’s report showed that the 30% requirement could serve to hinder housing production altogether. 2A: Neighborhood Preservation The City will continue to improve housing quality and prevent deterioration of existing neighborhoods by strictly enforcing applicable Building Code, Fire Code, and Zoning Code regulations and abating Code violations and nuisances. Ongoing The building inspectors and code enforcement officers continually enforce code regulations, abatement violations, and nuisances. A quarterly report on code enforcement activities is available and kept on file at the City. The City Council awarded funding for the Senior Home Assistance Repair Program. (See Program 1.1.2 for details.) 2B: Residential Building Record Program The City will maintain and continue to implement the Residential Building Records (RBR) program to reduce and prevent violations of building and zoning ordinances Ongoing During the fourth quarter of 2023, the City Council opted to streamline real estate transactions through removal of the Residential Building Record Program requirement. However, the Program remains as voluntary. This City report allows the City to verify that its residential buildings meet zoning and building code requirements, life safety requirements as set forth by the City's Municipal Code and fulfill the State's requirement that all homes have both smoke detectors and seismic strapping of water heaters (California Health and Safety Code, Section 19211). In 2023, there were 1,065 RBRs processed. 78 9 Policy Action Policy Status 2C: Preservation of At-Risk Units The city will proactively seek to preserve as many affordable units as possible by reaching out to owners that want to opt out of Section 8 contracts and work with them to incentivize keeping the units as affordable. Ongoing The City of Newport Beach is registered as a Qualified Preservation Entity with HCD as of 2012. When notification is received, City staff will evaluate the potential use of monies to preserve the affordable units. Staff maintains an updated contact list for affordable units. Priscila Davila and Associates (consultant) included this information that was sent to the owners as a part of the annual monitoring. During the RFP process for the expenditure of the affordable housing funds, the City and Priscila Davila and Associates, the City’s consultant, reached out to the owners of the existing affordable housing units within the City and there was no interest to extend the existing affordable housing covenants. Pamphlets informing prospective tenants and landlords about the Orange County Housing Authority (OCHA) Section 8 program have been made available in the public lobby and information is posted on the City website. Staff and consultant Priscila Davila and Associates were able to coordinate meetings and phone calls with property owners of existing units subject to affordable housing covenants or agreements. The owners were not interested in extending the existing affordable housing covenants. In 2022, the City engaged Newport Harbor II at 1530 Placentia Avenue regarding the expiring covenant. In November 2023, Newport Harbor II terminated its covenant for affordable units in compliance applicable requirements. Priscila Davila and Associates ensures these unit owners have completed all required noticing. 79 10 Policy Action Policy Status 3A: Objective Design Standards The City of Newport Beach will review existing entitlement processes for housing development and will eliminate discretionary review for all housing development proposals that include a minimum affordable housing component. In Progress The City contracted with Crandall Arambula through the Regional Early Action Planning (REAP) grant efforts of Southern California Association of Governments (SCAG). Objective design standards have been in progress with multiple drafts shared with the community for input in 2023. 3B: SB 35 Streamlining The City will establish written procedures to comply with California Government Code Section 65913.4 and publish those procedures for the public, as appropriate, to comply with the requirements of SB 35, Chapter 366 Statues 2017. In Progress The City has not yet created written procedures; however, inquiries related to SB 35 are promptly and consistently responded to. 3C: Preservation of Rental Opportunities The City will continue to maintain rental housing opportunities by restricting conversions of rental units to condominiums in a development containing 15 or more units unless the rental housing vacancy rate in Newport Beach is 5% or higher, and unless the property owner complies with condominium conversion regulations contained in Newport Beach Municipal Code Chapter 19.64. Ongoing A vacancy rate survey is completed upon receiving an application for the conversion of 15 or more rental units to condominiums. No such projects of 15 or more units were submitted in 2023. 3D: Priority of Affordable Housing The City will continue to take all feasible actions to ensure expedient construction and occupancy for projects approved with lower- and moderate-income housing requirements. Ongoing In 2023, the City received and expeditiously processed three different preliminary applications for residential development. The City also continues to offer multi-departmental preliminary application meetings to assist in streamlining entitlement processes. 80 11 Policy Action Policy Status 3E: Mortgage Revenue Bonds The City will continue to participate with the County of Orange in the issuance of tax-exempt mortgage revenue bonds to facilitate and assist in financing, development, and construction of housing affordable to low and moderate-income households. Ongoing 3F: Annual Reporting Program The City will conduct an annual compliance-monitoring program for units required to be occupied by very low-, low-, and moderate-income households. Ongoing Annual compliance monitoring has been conducted for 2023 and the report for the City’s income- and rent-restricted units by Priscila Davila and Associates (consultant) found all units in compliance. 3G: Entitlement Assistance The City will provide entitlement assistance, expedited entitlement processing, and waive application processing fees for developments in which 5% of units are affordable to extremely low-income households. Ongoing The City provides strong staffing presence at the public counter to expeditiously field any development inquiries. The City also continues to offer multi-departmental preliminary application meetings to assist in streamlining entitlement processes and to facilitate an easier entitlement review. 3H: Prioritization of Affordable Housing Funds The City will give highest priority for use of Affordable Housing Fund monies to affordable housing developments providing units affordable to extremely-low-income households and senior households. Ongoing 3I: Public Information About Affordable Housing The City will continue to maintain a brochure of incentives offered by the City for the development of affordable housing including fee waivers, expedited processing, density bonuses, and other incentives. Ongoing A brochure is maintained and provided on the City website and in the public lobby. 81 12 Policy Action Policy Status 3J: Priority in Kind Assistance for Affordability The City shall provide more assistance for projects that provide a higher number of affordable units or a greater level of affordability. Ongoing No projects proposed a larger number of affordable units than the minimum nor at greater affordability levels during the 2023 reporting period. 3K: Coastal Zone Development Affordability The City shall follow Government Code Section 65590 and implement Municipal Code Titles 20.34 and 21.34 “Conversion or Demolition of Affordable Housing” for new developments proposed in the Coastal Zone areas of the City. Complete On October 29, 2019, the Community Development Director determined that Newport Beach Municipal Code (NBMC) Chapters 20.34 and 21.34 (Conversion of Demolition of Affordable Housing) are no longer required. These chapters of the NBMC implement the Mello Act (Government Code Sections 65590 - 65590.1 Low- and Moderate-Income Housing Within the Coastal Zone). The regulations require the replacement of housing units lost within the coastal zone that are occupied by low- and moderate-income households under certain circumstances when feasible. Both the NBMC and the Mello Act provide when there is less than 50 acres in aggregate, of privately owned, vacant land available for residential use within the City’s coastal zone, and three miles therefrom, the replacement requirement is not required. The Planning Division completed a land use inventory to determine if 50 aggregate acres of privately owned, vacant land is available for residential use within the City’s coastal zone and within three miles inland of the coastal zone. The inventory conducted in October 2022, found less than 50 qualifying acres. 82 13 Policy Action Policy Status 3L: Proactive Education and Outreach to Prospective Developers The City will continue to advise and educate existing landowners and prospective developers of affordable housing development opportunities available within Banning Ranch, the Airport Area, West Newport Mesa, Dover-Westcliff, Newport Center, Mariners’ Mile, and Balboa Peninsula areas. Ongoing City Community Development staff provides information to landowners and developers about affordable housing opportunities and staff encourage the inclusion of affordable housing units in new projects. 3M: Regional Coordination of Housing Issues The City will continue to participate in other programs that assist production of housing. Ongoing The City of Newport Beach is a participating member of the Orange County Housing Authority (OCHA). OCHA receives, distributes and monitors the Section 8 Vouchers for the City. OCHA has many housing programs that are offered and available to City residents and promote housing production. City Planning staff participate in quarterly meetings at the OCHA to stay up to date on all the programs, projects, and vouchers. City staff also actively participates on the Orange County Council of Governments (OCCOG) Technical Advisory Committee (TAC), which undertakes issue of regional importance, including housing production and affordability. 3N: Housing Impact Studies The City will continue to study housing impacts of proposed larger-scale, significant commercial/industrial projects during the development review process. Ongoing The City rarely sees large commercial or industrial development that could significantly affect housing. The City will conduct a housing impact analysis when preparing an environmental impact report for a significant large-scale commercial or industrial project that includes a significant number of employees. 83 14 Policy Action Policy Status 3O: Single Resident Occupancies (SROs) The City will continue to study housing impacts of proposed larger-scale, significant commercial/industrial. Use State and federal funding to continue to provide assistance and make provisions for development of single- room occupancy (SRO) housing and other forms of housing for people experiencing homelessness in the City. Ongoing 3P: Residential Care Facilities The City will review and amend the permitting procedures, application requirements, and development standards applicable to residential care facilities for persons of seven or more to ensure consistency with state and federal laws to promote objectivity and greater approval certainty. Ongoing 4A: Affirmatively Furthering Fair Housing The City will affirmatively further fair housing by taking meaningful actions in addition to resisting discrimination, that overcomes patterns of segregation and fosters inclusive communities free from barriers that restrict access to opportunity based on protected classes, as defined by State law. In Progress The City is working to address all identified fair housing issues and their local contributing factors. The City is intent on taking meaningful actions to overcome patterns of segregation and to foster inclusive communities free from barriers that restrict access to opportunity based on protective classes, as defined by State law. The City continues to maintain a contract for fair housing services with the Fair Housing Foundation. The City will participate in an update to the Orange County regional Analysis of Impediments to Fair Housing when next updated. 84 15 Policy Action Policy Status 4B: Streamlined Project Review The City will provide a streamlined “fast-track” development review process for proposed affordable housing developments. Ongoing The City provides a prioritized and expedited development review process for all affordable housing projects. In 2023, this included the 1300 Bristol Street project that includes 15% of its base density as affordable to lower income housing that was filed on June 30, 2021, and approved March 22, 2022. 4C: Density Bonus and Incentives for Affordable Housing The City will update its Density Bonus Ordinance (Newport Beach Municipal Code Chapter 20.32) to be consistent with State Law, as amended. Ongoing The City continuously monitors changes to state density bonus law. The current amendment is under review at the California Coastal Commission. Monitoring efforts for compliance and consistency will continue. 4D: List of Pre- Approved Development Incentives The City will develop a pre-approved list of incentives and qualifications for such incentives to promote the development of affordable housing. In Progress In 2022, the City Council extended the fee waiver for ADU development for two additional years. Other potential incentives for affordable housing development, including ADUs, is in progress. 4E: Airport Area Policy Exceptions for Affordable Housing The City shall maintain an exception to the minimum 10-acre village requirement for projects that include a minimum of 30% of the units affordable to lower-income households in the Airport Area. Ongoing 4F: Encourage Development of Opportunity Sites The City will continue to encourage and facilitate residential and/or mixed- use development on sites listed in Appendix B by providing technical assistance to interested developers with site identification and entitlement processing. Ongoing 85 16 Policy Action Policy Status 4G: Annual RHNA Sites Inventory Monitoring The City will monitor and evaluate the development of vacant and underdeveloped parcels on an annual basis and report the success of strategies to encourage residential development in its Annual Progress Reports required pursuant to Government Code 65400. Ongoing 4H: Review Mixed- Use Zones The City will review established mixed- use land use categories and corresponding zoning regulations in the City and recommend policy or code changes to the City Council that reduce regulatory barriers and incentivize mixed-use residential development. In Progress 4I: Establish Mixed- Use Resort Opportunities The City will consider policies, regulations and/or interpretations to establish mixed-use resort opportunities. In Progress In 2021, the Community Development Director issued Director’s Determination No. DD2021-001 Interpreting Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096). DD2021- 001 determined that residential uses are permitted as an accessory use to hotels subject to certain conditions. In 2022, the City’s Planning Commission approved a project for the Ritz Residential project at the existing hotel at 900 Newport Center Drive for 159 residential units. Construction plans are anticipated to be submitted in late 2024. 86 17 Policy Action Policy Status 4J: Airport Environs Sub Area Environmental Constraints The City will take actions to address potential environmental constraints in the Airport Environs Sub Area and ensure continued feasibility of sites, particularly for lower-income RHNA. In Progress 4K: West Newport Mesa Environmental Constraints The City will take actions to address environmental constraints and ensure feasibility of sites, particularly for lower-income RHNA, in the West Newport Mesa Area with regards to noise and pollutants. In Progress 4L: Coyote Canyon Environmental Constraints The City will take actions to address environmental constraints on the Coyote Canyon landfill site. In Progress 87 18 Policy Action Policy Status 5A: Preservation of Affordability Covenants The City will contact owners of 19 affordable units approaching the expiration of affordability covenants to obtain information regarding their plans for continuing affordability on their properties, inform them of financial resources available, and to encourage the extension of the affordability agreements for the developments listed beyond the years noted. Ongoing 5B: Section 8 Participation The City shall maintain information on the City’s website and prepare written communication for tenants and other interested parties about Orange County Housing Authority Section 8 opportunities and to assist tenants and prospective tenants acquire additional understanding of housing law and related policy issues Ongoing 5C: Incentivize for Preserving of Affordability Covenants The City will investigate the potential for providing additional incentives or modify its current policy to incentivize property owners to maintain the affordability of units on their property during the 6th Cycle. Ongoing 88 19 Policy Action Policy Status 5D: Mobile Home Park Conversions The City will continue to employ the provisions of NBMC Title 20 provision of the Mobile Home Park Overlay to maintain and protect mobile home parks in a stable environment with a desirable residential character. Ongoing City Community Development staff continues to inform property owners and developers of the provisions of the City’s MHP overlay. The City has used and will continue to make available the Senior Housing Assistance Repair Program (SHARP) funds to help senior residents repair their mobile homes if it is necessary to abate substandard living conditions. 5E: Orange County Housing Authority Advisory Committee The City of Newport Beach will continue to participate as a member of the Orange County Housing Authority (OCHA) Advisory Committee and work in cooperation with the OCHA to provide Section 8 Rental Housing Assistance to residents of the community. Ongoing Staff attends the quarterly meetings of the OCHA Cities Advisory Committee. Staff continually works in cooperation with the County to provide Section 8 rental housing assistance to residents. A link to the Orange County Housing Authority website has been placed on the City website to provide information on the Section 8 program. City staff worked closely with OCHA staff to facilitate the award of the Veterans Affairs Supportive Housing (VASH) Vouchers to the Newport Shores project (see Program 4.1.4). A link to the Emergency Rental Assistance Program during the COVID-19 Pandemic provided by the County of Orange is provided on the City website. 89 20 Policy Action Policy Status 5F: Water Efficiency for Residential Projects The City will continue to implement and enforce the Water Efficient Landscape Ordinance and Landscape and Irrigation Design Standards in compliance with AB 1881 (Chapter 559 Statutes 2006). Ongoing All new development projects are reviewed for compliance with the City’s Water Efficient Landscape Ordinance. The annual report on the City’s Water Efficient Landscape Ordinance for 2023 was submitted to California Department of Water Resources on January 31, 2024. 5G: Energy Efficiency in Residential Projects The City of Newport Beach will continue to require that any affordable housing developments that receive City assistance from Community Development Block Grant (CDBG) funds or from the City’s Affordable Housing Fund shall be required, to the extent feasible, to include installation of energy efficient appliances and devices that will contribute to reduced housing costs for future occupants of the units. Ongoing No affordable housing projects received funding via CDBG or the City’s Affordable Housing Fund during the 2023 reporting period. 6A: Homeless Program Assistance The City will continue to apply annually for United States Department of Urban Development Community Development Block Grant (CDBG) funds and allocate a portion of such funds to sub-recipients who provide shelter and other services for the homeless as well as submit Annual Action Plan to HUD in May of each year. Ongoing The City applied for a grant allocation for the 2023 reporting period. The City submitted its Action Plan in May of 2023 and allocated a portion of the grant for the provision of homeless services. 90 21 Policy Action Policy Status 6B: Repair Loans and Grant Programs for Seniors, Persons with Physical and Developmental Disabilities and Lower-Income Households The City, in partnership with OASIS Senior Center and Habitat for Humanity Orange County, has developed a Senior Home Repair Assistance Program (SHARP). Additionally, the City will continue to cooperate with the Orange County Housing Authority to pursue establishment of a Senior/Disabled or Limited Income Repair Loan and Grant Program to underwrite all or part of the cost of necessary housing modifications and repairs. Cooperation with the Orange County Housing Authority will include continuing City of Newport Beach participation in the Orange County Continuum of Care and continuing to provide CDBG funding. Ongoing The City’s Senior Housing Assistance Repair Program (SHARP) continues to successfully assist low-income seniors. In 2023, Habitat for Humanity and OASIS staff worked on four new projects and expended a total of $87,813. The project included accessibility modifications as well as mold abatement, wall and cabinet replacement and roof repairs. To date, the program has used $293,386 for a total of 17 projects. 6C: Leverage CDGB and other Federal Formula Grant Funding The City shall make every effort to leverage CDBG and Federal formula grant annual funds from various agencies to further the City’s housing goals; these include, but are not limited to, State, Regional and private resources. The City of Newport Beach will continue to maintain a list of “Public and Private Resources Available for Housing and Community Development Activities” and maintain a list of resources on City website and update as necessary in the 6th Cycle. Ongoing 91 22 Policy Action Policy Status 6D: Child Daycare Facilities The City will continue to encourage the development of daycare centers as a component of new affordable housing developments and grant additional incentives in conjunction with the review and approval of density bonus projects pursuant to NBMC Chapter 20.32 (Density Bonus). Ongoing City Community Development Department staff requests developers include child daycare facilities in developments that include affordable housing. 92 23 6E: Housing Assistance for Seniors The City shall continue to encourage senior citizen independence through the promotion of housing and services related to in-home care, meal programs, and counseling, and maintain a senior center that affords seniors opportunities to live healthy, active, and productive lives in the City Ongoing The City supports a Meals on Wheels program that provides home- delivered meals to individuals who are homebound due to age, illness, or disability. Funding is provided through the CDBG program on a yearly basis. The Meals on Wheels program provides home-delivered meals to individuals who are homebound due to age, illness, or disability. 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 age 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 Paint & Wine night and holiday parties. • Travel department coordination of day and overnight trips. • Curb-to-curb transportation program for residents of Newport Beach age 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, legal matters, and more. Informational and supportive counseling is available to seniors and their family members on an individual basis. 93 24 Policy Action Policy Status • Various health resources and screenings for seniors, including flu shots, blood pressure, memory screenings, medication review, 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. • Congregate lunch program for seniors age 60 and older that is funded by the federal government through the Older Americans Act. A donation is requested for meals, which are provided by Age Well Senior Services 6F: Emergency Shelters, Transitional and Supportive Housing The City of Newport Beach will amend certain sections of its Municipal Code in order to comply with State law to address: 'Supportive Housing Streamlined Approvals', 'Emergency and Transitional Housing Act of 2019', amending NBMC definitions to comply with California Government Code, and amending NBMC to ensure proper zoning of emergency, transitional, and supportive housing according to State law. Pending 6G: Senior Housing Priority Program The City seeks to develop explore the feasibility and appropriateness of proactive policies and programs to address and prioritize the needs of its senior population. Ongoing 94 25 Policy Action Policy Status 7A: Supportive Housing/ Low Barrier Navigation Centers To comply with State law, the City of Newport Beach will adopt policies, procedures, and regulations for processing this type of use to establish a non-discretionary local permit approval process that must be provided to accommodate supportive housing and lower barrier navigation centers per State law. Pending 7B: Transitional and Supportive Housing In compliance with Senate Bill 2 (Chapter 364, Statutes 2017) and SB 745 Chapter 185, Statutes 2013) the City will ensure the Zoning Code is amended to encourage and facilitates emergency shelters and limits the denial of emergency shelters and transitional and supportive housing under the Housing Accountability Act. Ongoing 7C: Housing for Persons with Developmental Disabilities To accommodate residents with developmental disabilities, the City will review and prioritize housing construction and rehabilitation including supportive services targeted for persons with developmental disabilities. Ongoing During the 2023 reporting period, no projects were proposed that targeted the provision of housing or services for persons with developmental disabilities. 95 26 Policy Action Policy Status 7D: Fair Housing Services The City of Newport Beach will continue to contract with an appropriate fair housing service agency for the provision of fair housing services for Newport Beach residents. Ongoing The City contracted with the Fair Housing Foundation to provide these services. The Fair Housing Foundation provided the following trainings, seminars, and outreach activities in the City in 2023: • Fair Housing Workshops – 3/22/23, 5/2/23, 9/20/23 and 11/21/23 • Contacts regarding FHF Services – 2/6/23 Newport Beach Recreations & Senior Services, 5/11/23 Hoag, 5/19/23 Orange County Community Foundation, 12/1/23 Clearwater Newport Beach • PSA, City of Newport Beach TV – 6/12/23 • Literature Distribution – 3,734 8A: Annual Reporting Program The City of Newport Beach shall report on the status of all housing programs as part of its annual General Plan Review and Annual Progress Report (APR). Ongoing This report is intended to satisfy this Policy Action for the 2023 reporting period. 8B: Water and Sewer Service Providers Pursuant to SB 1087, Chapter 727, Statues of 2005, the City of Newport Beach is required to deliver its adopted housing element and any amendments thereto to local water and sewer service providers. Pending The City received notice from HCD of the certification of the City’s 6th Cycle Housing Element in October of 2022. Copies of the certified Housing Element were sent to all local water and sewer utility providers that supply the City. 96 M E M O R A N D U M To: Jenna Tourje, Kearns and West From: Vivian Kahn and Andrew Hill Re: Review of New Legal Requirements for General Plans and Implications for the Newport Beach Listen and Learn Process Date: November 11, 2019 Dear Jenna: This memo identifies new legal requirements for General Plans that have come into effect since the Newport Beach General Plan was adopted in 2006 and discusses implications and considerations for the Listen and Learn process, preceding a future General Plan Update. The new legal requirements generally fall under the following topics: transportation, housing, safety, and environmental justice. TRANSPORTATION Complete Streets Act (2008) The Complete Streets Act of 2008 (California Government Code Section 65302(b)) requires that California communities plan for a "balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel.” Communities must update the circulation element of the General Plan to comply with the law upon the next substantive revision to that element after January 1, 2011. The 2006 General Plan was adopted before the Complete Streets Act came into effect and the term “complete streets” does not appear in the current plan; however, there are numerous policies that address core complete streets concepts. For example, Policy CE 1.1.1 calls for a diverse transportation system that provides a range of mobility options for the community; policies under Goal CE 4.1 seek to support transit use; policies under Goal 5.1 promote bicycle and pedestrian improvements; and Policy CE 6.1.2 requires project site designs that facilitate the use of public transportation and walking. Nevertheless, the General Plan Update presents an opportunity to synchronize the General Plan and the 2014 Bicycle Master Plan and to integrate complete streets concepts more fully. Emerging technologies such as electric vehicle charging infrastructure, ride hailing services, dockless scooters and bikes, and autonomous vehicles need to be considered and addressed. There is also an opportunity to explore creating a "layered network,” recognizing that different streets accommodate various modes differently, depending on their function and the uses they contain. A layered network is one that considers the needs of a range of users holistically across the network and assigns different priorities among travel modes on different streets to satisfy the requirements of the Complete Streets Act. A layered GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic MemoAppendix C 97 2 - network can include performance metrics and design standards to reflect and support those priorities. Senate Bill 743 Senate Bill (SB) 743, passed into law in 2013, committed the State to changing the way that transportation impacts are analyzed under the California Environmental Quality Act (CEQA). Traditionally under CEQA, one of the key metrics by which transportation impacts have been evaluated is vehicle level of service (LOS), a measure used for analyzing the performance of roadway segments and intersections based on vehicle speed, density, or congestion. However, better vehicle LOS is not necessarily consistent with other environmental objectives, such as improved air quality, reduced GHG emissions, or reduced traffic noise. As such, SB 743 required the State to amend the CEQA Guidelines to provide an alternative to LOS for evaluating transportation impacts such that auto delay would no longer be considered a significant environmental impact. Pursuant to SB 743, new CEQA Guidelines adopted by the State in December 2018 established vehicle miles travelled (VMT) as the metric to be used for evaluating traffic impacts under CEQA, effective July 1, 2020. To comply with the new CEQA Guidelines, the City of Newport Beach will be required to set new thresholds for assessing transportation impacts based on VMT, consistent with technical recommendations regarding assessment of VMT, thresholds of significance, and mitigation measures issued by the Governor’s Office of Planning and Research. The City has the option of using metrics detailed in the Technical Advisory on Evaluating Transportation Impacts in CEQA prepared by OPR or developing its own metrics, subject to substantial evidence. The Listen and Learn process represents an opportunity to share information about the coming change. While VMT will replace vehicle LOS as the metricfor assessing traffic impacts under CEQA, vehicle LOS is still valuable for the purpose of evaluating roadway and intersection operations and planning the network. Other measures such as delay, cross-town travel time, vehicle hours of travel, etc. all remain relevant in assessing overall system performance depending on situations, although they cannot be used for CEQA purposes. Some cities we areworking with havecontinued to use LOS standards for their general plans. Policy CE 2.1.1 from the current General Plan establishes LOS standards for the local roadway network and the General Plan can continue to use this policy for planning purposes. The move away from LOS as a metric for evaluating environmental impacts means that LOS impacts may not be a means of extracting roadway improvements as mitigation for impacts from proposed development projects; however, the City has adopted a Fair Share Traffic Contribution Ordinance (Municipal Code Chapter 15. 38) and a Traffic Phasing Ordinance (Municipal Code Chapter 15.40), whichprovide mechanisms forfunding circulation system improvements from new development and redevelopment as needed to maintain acceptable levels of performance within the city. Implications for Listen and Learn Mobility will be an important focus of the General Plan Update, and Listen and Learn outreach can help set up for that work in various ways: GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 98 3 - By introducing the concept of complete streets and the associated benefits for multi- modal mobility and roadway safety; By soliciting input on locations in Newport Beach where conflicts between roadway users need to be addressed and where prioritization between modes may need to differ; By soliciting input onhow best to accommodate emerging transportation technologies on city streets in the future; and By informing the public of the move to VMT as the basic metric for evaluating transportation impacts under CEQA and the role that LOS will play in planning the transportation network. HOUSING The California State Legislature passed a high-profile package of 15 new housing laws in 2017 to address the urgent need for housing throughout the state. An additional 16 new laws related to housing passed in 2018 came into effect January 1, 2019, and in October 2019 the Governor signed an additional 18 bills intended to boost housing production in California. This section recaps the new housing laws most directly relevant to Listen and Learn outreach and the General Plan Update. Senate Bill 35 Enacted in 2017, Senate Bill (SB) 35 established new provisions for streamlined processing of residential infill projects that first went into effect January 1, 2018. (A series of clarifying “clean up” amendments to SB 35 was passed as SB 765 in 2018 and went into effect January 1, 2019 .) The requirements, which are codified in Government Code Section 65913.4, are intended to expedite and facilitate the construction of affordable housing, mandate a ministerial review and approval process for residential development projects that meet a variety of specific requirements. The new law applies to jurisdictions that have not made enough progress toward meeting their Regional Housing Needs Assessment (RHNA). Newport Beach is on a list of 213 California jurisdictions that have not made sufficient progress toward their Lower income RHNA Very Low and Low-income), and are subject to the streamlining provisions for proposed multi- family developments that contain two or more residential units with at least 50 percent affordability.1 Even though requirements of SB 35 apply to jurisdictions regardless ofwhether they have codified the new procedures, because the law establishes a very short time frame within which to review an application, some jurisdictions have adopted their own application forms and adapted the procedures to simplify the process. SB 35 expands the commondefinitionof “multi-familyhousing 1 California Department ofHousing and Community Development, SB 35 Statewide Determination Summary, June 2019. Download at http://www.hcd.ca.gov/community-development/housing- element/docs/SB35_StatewideDeterminationSummary.pdf GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 99 4 - development” applying to projects with two or more units; depending on the number of housing units proposed, the jurisdiction has from 60 to 90 days to review the project to determine if it is eligible for streamlined processing. If eligible, the jurisdiction has from 90 to 180 days to make a final decision. California Department of Housing and Community Development (HCD) Guidelines for implementing SB 35 require local agencies subject to SB 35 to provide information on the application process and identify the relevantobjective planning standards used for such projects. The information provided can include reference documents and a list of information the city needs to determine if the application is consistent with objective standards such as checklists, maps, diagrams, flow charts, or other formats. 2 Eligible projects are exempt from environmental review under CEQA and the process does not allow public hearings; however, SB 35 does allow for “design review or public oversight” to occur if a locality so chooses. This process may be conducted by the Planning Commission or equivalent board or commission responsible for review and approval of development projects, or the City Council. However, the review process must be objective and strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards that were in effect before the application was submitted. This process may not in any way “inhibit, chill, or preclude the ministerial approval” allowed by SB 35 (Section 65913.4(c)(1)). When determining consistency with objective zoning, subdivision, or designreview standards, the local government can only use those standards that meet the definition specified in the Government Code. This means standards may not involve any personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. “Objective design review standards” must be published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and which are broadly applicable to development within the jurisdiction. For example, design review standards that require subjective decision-making, such as consistency with “neighborhood character”, cannot be appliedas an objective standard unless “neighborhood character” is defined in such a manner that is non-discretionary. Objective design review could include use of specific materials or styles, such as Spanish-style tile roofs or roof pitches with a slope of 1:5. Architectural design requirements such as “craftsman style architecture” could be used so long as the elements of “craftsman style architecture” are clearly defined (e.g., “porches with thick round or square columns and low-pitched roofs with wide eaves), ideally with illustrations. Further, AB 1485 (Wicks), which is among the bills the Governor signed in October, has resulted in additional amendments to Government Code Section 65913.4 (which codified SB 35) that are 2 California Department ofHousing and CommunityDevelopment, StreamlinedMinisterial Approval Process Chapter 366, Statutes of2017) Guidelines, November 29, 2018. Download at http://www.hcd.ca.gov/policy- research/docs/SB-35-Guidelines-final.pdf GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 100 5 - intended to address some issues that have been identified since the streamlining provisions were originally enacted. These changes: Require that underground space such as garages and basements shall not be considered part of the square footage of the development; Provide that if other state or local programs require the dedication of affordable housing units or fees, the requirements of those program shall be treated separately or additively and not additionally applied to a housing development project in addition to those already required under SB 35 (i.e. no stacking); Provide that a development shall be deemedconsistentwithobjective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with such objective planning standard; Allow a permit for a project with fewer than 50 percent affordable units to remain valid for three years or if litigation is filed challenging the approval, from the date of any final judgement upholding the approval, and shall remain valid solong as vertical construction is in progress; Require any permits subsequent to the streamlined, ministerial approval, such as demolition, grading, and building permits or, if required, final map, to be issued if the application substantially complies with the development as it was approved, as specified. Upon receipt of the application, the local government shall process subsequent permits without unreasonable delay and shall apply the same procedures and requirements on all projects; and Declare that SB 35 projects are eligible for protections under the Housing Accountability Act (HAA). Under the provisions of Government Code Section 65913.4 (as amended), proponents of projects that meet the requirements of the statute may apply for ministerial processing when proposed multi-family developments satisfy objective development standards established by the community in which the development is proposed. Design review may still be conducted but is limited to an assessment of whether the project complies with objectives standards enacted prior to application and must be completed within 180 days (for projects of more than 150 units). Objective standards are those which “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion.” Such requirements must be available and “knowable” by both the applicant or project proponent and public officials and staff before the application is submitted. SB 35 also places limitation on the expiration of approvals pursuant to this process; limits the authority of local government to imposeparking standards on development approvedpursuant to the process; and requires that local governments report annually to the State on housing production. Development and design standards are typically specified in the Zoning Code or in a Specific Plan that the jurisdiction adopts as a regulatory plan, rather than in the General Plan, but both the Zoning Code and any Specific Plan must be consistent with the General Plan. In light of the requirements of SB 35 and HAA, the Newport Beach General Plan needs to identify critical elements that contribute to desired character of the community that the Zoning Code can then regulate. Plan policies should also be written to provide astrong andclearbasisforthe regulations the City adopts to implement them. GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 101 6 - Policy LU 5.1.9 from the current General Plan identifies the following aspects as important for high-quality multi-family residential development and provides guidance for development projects: architectural treatment of facades; ground floor treatments; roof design; parking; and open spaces and amenities. Municipal Code Chapter 20.18 (Table 2-3) provides standards for lot dimensions, lot coverage, setbacks, and building heights. Section 20.48.180 provides further residential development standards related to third floors and open volume area, while other sections of the Code govern bluffs, fencing, landscaping, lighting, parking, and satellite antennas. Chapter 20.56 provides standards for specific Planned Community Districts in the city. Collectively, these provisions from the Zoning Code are the objective standards that would apply in the case that a proposed development with 50 percent or more affordability applied for ministerial review under SB 35. The City may wish to add or amplify existing standards to further define the desired character by establishing more detailed design and development standards for multi-family development especially for the Mixed-Use Zoning Districts, where it is likely much of the residential development will occur. For example, General Plan Policy LU 5.1.9 identifies roof modulation as an important design element, but the Code currently has objective standards related only to roof height, not modulation. In areas where the City has not established standards or where the standards it has adopted are inconsistent with the General Plan, the General Plan policies will be the onlydevelopment and use requirements with which developers needto comply (Government Code Section 65913.4 (a) (5) (A) and (B)). Based on Section 20.14.020, it appears that the zoning for areas of Newport Beach designated MU-H Mixed-Use in the General Plan defaults to the existing standards for the MU-MM, -DW and CV/15th Street districts. These standards cover density, lot dimensions, setbacks, height but do not address any other design features, such as architectural treatment of facades, that are of concern to the City. Senate Bill 167, Assembly Bill 678, Assembly Bill 1515 and SB 330 (Skinner) Collectively, the first three laws, which became effective in January 2018, along with SB 330, signed by the Governor inOctober 2019, strengthened the Housing Accountability Act (HAA), that was originally enacted in 1982 to limit the ability of local jurisdictions to deny or make infeasible qualifying housing projects. The HAA, which is codified as Government Code Section 65589.5, severely restricts cities and counties from denying or imposing conditions on residential projects that would requirea reduction in density of a development that complies with “objective” general plan, zoning, and subdivision standards without making specified findings that the project would have a “specific adverse impact” on public health or safety. Findings must be based on a preponderance” of the evidence in the record. which is astricter standard than the “substantial” evidence that the law previously required. If, in the City’s estimation, a proposed project does not comply with objective general plan, zoning, and subdivision standards and criteria (including design review criteria) the City must provide a list of inconsistencies within 30-60 days of application being deemed complete. If City fails to provide this list within the specified time limit, the project is “deemed consistent.” Under SB 330, “objective” means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official. Furthermore, this section cannot be used to disapprove or conditionally approve if the project is GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 102 7 - 1) proposed on a site suitable for low income (< 80 percent of annual median income) and (2) is consistent with the density specified in the Housing Element, even if the project is inconsistent with the zoning ordinance and general plan land use designation. A change to the zoning ordinance or general plan land use designation AFTER the date the application for the project was deemed complete will not be a valid basis to deny or condition approval of an eligible residential project. Also, if the City has not identified sufficient sites with the capacity to provide for a share of the jurisdiction’s RHNA, the City mustallow the development on any site designated inthePlan for residential uses or for commercial uses or an emergency shelter on any site zoned for industrial, commercial ormultifamily residential use. SB 330 established additional requirements, most of which will be in effect only until January 1, 2025 and others that will become effective as ofthat date including uniform statewide standards for what a community canrequire in a “preliminary application” and requiring all communities to use a standard application form developed by HCD. Even though the application requirements thatwill be codifiedin Government Code 65941.1 willexpire on January 1, 2025, thelistmay serve as a useful basis for reviewing and, if necessary, revising the published lists of application requirements that the Section 65940 of the Permit Streamlining Act has required for a number of years. Passed by the legislature in September 2019, and signed by the Governor, SB 330 limits the ability of cities and counties to move the goalposts for housing development projects during their application process and strengthens the protections of the Housing Accountability Act and the Permit Streamlining Act. SB 330 prohibits a jurisdiction (with some exceptions) from enacting development policies, standards, orconditions that would change current zoning and general plan designations of properties where housing is allowed in order to "lessen the intensity of housing," such as by reducing height, density or floor area ratio; requiring new or increased open space, lot size, setbacks or frontage; or limiting maximum lot coverage. Moreover, the bill stipulates that any such amendment that took effect after January 1, 2018 would be null and void as a matter of law. SB 330 also bans jurisdictions from placing a moratorium or similar restrictions on housing development, from imposing subjective design standards established after Jan. 1, 2020, and limiting or capping the number of land use approvals or permits that will be issued in the jurisdiction, unless the jurisdiction is predominantly agricultural. This provision does not apply retroactively to any caps established before January 1, 2018, such as the restrictions applicable to residential development in the Airport Area and Newport Center identified in Table H32 of the Housing Element. SB330 also requires cities and countiesto reduce the time it takes to process housing applications with an EIR to no more than 90 days for most market-rate housing developments (from 120 days) and to 60 days (from 90 days) for affordable developments, after a project application is deemed complete. In addition, SB 330 requires communities to either approve or disapprove the application at any of the five allowed hearings. With certain defined exceptions, SB 330 prohibits communities from requiring a housing development project to comply with an ordinance, policy, or standard that not adopted and in effect when a preliminary application was submitted. a provision that exempts housing projects exempt from any ordinances, policies, and standards adopted after the applicant’s submission of a “preliminary application” that meets the requirements of the Permit Streamlining Act (Section 65941) as amended by SB 330 except for: GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 103 8 - A fee, charge or other exaction that results from an automatic annual adjustment based on a cost index referenced in an adopted ordinance or resolution; An ordinance, policy, or standard beyond those in effect when a preliminary application was submitted that is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety; An ordinance, policy, standard, or any other measure, beyond those in effect when a preliminary application was submitted is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act; or When housing development project has not commenced construction within two and one-half years following the date that the project received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits with a few specific exceptions. The provisions of these laws primarily concern the procedures and parameters for approving housing, rather than planning for housing; however, with these revisions to the HAA, a mixed-use project now qualifies as long as at least two-thirds of its square footage is designated for residential use, whereas previously, the HAA made a more limited set of mixed-use projects to qualify for its protections. In addition to 100 percent residential and mixed-use projects that have two thirds or more of the total square footage devoted to residential uses, the law also applies to transitional and supportive housing and emergency housing shelters. The new requirements underscore the importance of ensuring that City plans and regulations include carefully written provisions that establish a sound basis for “objective, quantifiable, written development standards.” Assembly Bill 1763 Assembly Bill (AB) 1763 was signed into law on October 10, 2019, providing enhanced density bonus options. A density bonus is an increase in the number of housing units allowed under a general plan and/or zoning (“base density”) to encourage the production of affordable housing. Depending on the amount and affordability of the proposed affordable housing, under State Density Bonus Law (Government Code 65915 et seq.) a project may be allowed a density bonus between 5 percent and 35 percent above the base maximum density. Under AB 1763, projects that provide 100 percent of their units dedicated for lower income households or 80 percent for lower income households and 20 percent for moderate-income, are eligible for a potential 80 percent increase in base density and these projects would also be able to receive three to four concessions, such as such as reduced setback and minimum square footage requirements. Further, under AB 1763, for a project that meets the affordability requirements and is also within 0.5 miles of a major transit stop, there is no maximum control on density; however, these provisions do not currently apply in Newport Beach as there is no facility in the city which meets GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 104 9 - the definition of major transit stop.3,4 While the 2006 General Plan contains policies and implementation measures that seek to enhance transit service, there are no provisions that explicitly call for increased frequency of service. Finally, it should be notedthat projects that meet the AB 1763 affordability requirements will also likely meet SB 35 affordability requirements and would therefore also be eligible for streamlining pursuant to SB 35. This underscores the importance of establishing objective standards to guide the design of qualifying high density housing and mixed use projects to ensure they are inkeeping with community standards. Assembly Bill 1397 and SB 166 The “No Net Loss” provisions in Section 65583.2 of the Housing Element law were established to makesure that housing elements identify sufficient sites to accommodate the jurisdiction’s RHNA or include programs to ensure that sites will be available throughout the planning period. Under the “No Net Loss “requirements, a city may not reduce residential density or allow development at a lower residential density unless the city makes findings supported by substantial evidence that the reduction is consistent with the general plan and there are remaining sites identified in the housing element adequate to meet the city’s outstanding RHNA. SB 166 and AB 1397, which became effective in January 2018, added to that requirement by stipulating that sites listed on the inventory must be both available and suitable for residential development. Specifically, AB 1397 requires that sites listed on the inventory have “realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for the designated income level.” The Housing Element must calculate the realistic development capacity of sites listed on the inventory for the various income levels in view of the availability of sufficient water, sewer, and dry utilities, and must include a discussion of the methodology used to determine development potential, considering the community’s past experience with converting existing uses to higher- density residential development, the current demand for the existing use, and an analysis of existing leases or other contracts that would perpetuate the existing use or prevent redevelopment. An alternative way to show that a site or sites are appropriate to accommodate development toaccommodate lower income households is toestablish densityrequirements that meet the thresholds Section 65583.2 specifies, which is 30 units per acre for cities in a metropolitan county such as the County of Orange. SB 166 went further by requiring cities that allow development at reduced densities now be prepared to meet remaining unmet RHNA need by income category within 180 days. If the 3 PerCaliforniaPublic resources Code Section 21064.3, a major transit stopmeans a site containing an existing rail transit station, a ferry terminal served by either a busor railtransit service, or the intersection of two or more major bus routes with a frequencyof service intervalof 15 minutes or less during themorning and afternoon peak commute periods. 4 SouthCountySystem Map https://www.octa.net/ebusbook/routePdf/SouthCounty.pdf GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 105 10 - remaining sites in the inventory cannot accommodate the unmet RHNA by income category, the City must be prepared to rezone other sites where residential development is allowed regardless of any growth management restriction, open space or agricultural preservation policies. This provision wouldn’t automatically negate development caps such as the restrictions applicable to residential development in the Airport Area and Newport Center identified in Table H32 of the Housing Element so long as the City is unable to identify sufficient sites in other zones. However, it will require detailed project-by-project monitoring and may require that the City rezone additional land to a high-density residential use during the Housing Element planning period in order to remain in compliance. In view of the no net loss provisions, the City may elect to zone more land for higher density residential development than is strictly required to satisfy the RHNA in order to ensure that sufficient sites are available in the event that some sites are approved at reduced densities. Government Code Section 65583.2(c) stipulates that the inventory may not include a non-vacant site identified in a prior housing element or a vacant site identified in two or more consecutive planning periods that was not approved for developing housing to meet housing need unless the site can be developed at a higher density and is subject to a program in the housing element requiring rezoning within three years of start of planning period to allow residential by right for housing in which at least 20 percent of the units are affordable to lower income households. The sites inventory included in the 2008-2014 Housing Element and the 2014-2021 Housing Element relied heavily on the use of non-vacant sites. Therefore, any lower-income non-vacant sites that were listed in the prior housing elements and also planned for use in the upcoming 2021- 2029 Housing Element will be subject to the by-right and 20 percent inclusionary requirements. The intentionof this requirement is toincentivize residentialdevelopment on sites previously deemed suitable for housing but that have not seen development by increasing allowable density and streamlining the approval process. An analysis of the inventory in current Newport Beach Housing Element is beyond the scope of this memo; however, in the course of updating the Housing Element, the City will need to assess how many sites from the current inventory can be carried forward under current zoning and how many would need to be rezoned in order to be carried forward. Additionally, depending on the City’s assigned RHNA for the upcoming planning period, it may be necessary to identify other potential sites for residential development that were not included in the prior Housing Element. This could be done by using data from the County Assessor to conduct an assessed value ratio analysis to identify underutilized sites that are more likely to redevelop because they offer property owners an incentive to redevelop with uses that can command a higher sales price or rent. The Housing Element will need to be adopted by October 2021, which is likely before the updated General Plan will be ready. As such a critical consideration for the Housing Element will be ensuring adequate sites available for the 2021-2029 cycle. Assembly Bills (AB) 671, 1255, and 1486 Collectively, these three bills signed into law by the Governor on October 10 would require local government agencies to prepare a list of surplus lands under its ownership and provide that to the State for inclusion in a digitized statewide inventory of surplus governmental lands suitable for residential development. Surplus land is defined as "land owned by any local agency that is GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 106 11 - determined to be no longer necessary for the agency’s use.” Pursuant to these new laws, the Newport Beach Housing Element Update must provide a description of non-vacant sites owned by the City and details of whether there are any plans to dispose of the property during the planning period. Assembly Bill 881, Assembly Bill 68, Senate Bill 13, and Assembly Bill 671 All four bills, signed by the Governor on October 10, are intended to facilitate production of accessory dwelling units (ADUs), or secondary housing units either attached or detached from a main house that exist on a lot with another house. The State sees these units as an innovative, affordable, effective option for adding much-needed housing in California. ADUs may be counted toward a community’s RHNA. Assembly Bill (AB) 881 removes impediments to ADU construction by restricting local jurisdictions’ permitting criteria, clarifying that ADUs must receive streamlined approval if constructed in existing garages, and eliminating localagencies’ ability torequire owner-occupancy for five years. Assembly Bill (AB) 68 makes major changes to facilitate the development of more ADUs, further reducing barriers to ADU approval and construction. Notably, the law prohibits the imposition of limits on lot coverage, floor area ratio, open space, and minimum lot size unless they allow for at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with 4-foot side and rear setbacks to be constructed. Senate Bill (SB) 13 prohibits jurisdictions from establishing a maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than 850 square feet, and 1,000 square feet if the accessory dwelling unit contains more than one bedroom. It also creates a tiered fee structure which charges ADUs based on their size and location and addresses other barriers by lowering the application approval timeframe, creating an avenue to get unpermitted ADUs up to code, and enhancing an enforcement mechanism allowing the state to ensure that localities are following ADU statute. Assembly Bill (AB) 671 requires local governments’ housing plans to encourage affordable ADU rentals and requires the state to develop a list of state grants and financial incentives for affordable ADUs. The City of Newport Beach’s current ADU regulations were adopted in February 2019 to conform to provisions enacted by the State legislature mandating a variety of requirements intended to make it easier for homeowners to construct such units. Since that time, the State has made some additional changes to the law including the revisions made by Assembly Bills 881, 68, 671, and Senate Bill 13 described above. Although cities and counties are subject to all of the State’s ADU requirements regardless of whether local regulations have been updated to be consistent with the most recent changes, the City should review all existing provisions applicable to this type of housing and revise both the Zoning Code and any counter materials to ensure that City staff and property owners have access to the most current requirements. The Housing Element, which was GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 107 12 - adopted in September 2013, will also need to be updated to reference the most recent version of the State law and the local regulations. Assembly Bill 2797 In the Kalnel Gardens, LLC v. City of Los Angeles (2016), the Second District Court of Appeal ruled that the State Density Bonus Law is subordinate to theCoastalAct. In response, Assembly Bill (AB) 2797, requires the State Density Bonus Law be harmonized with the California Coastal Act so that both statutes can be given effect within the coastal zone so as to increase affordable housing in the coastal zone while protecting coastal resources and access. Specifically, AB 2797 requires that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted in a manner that is consistent with that law and the California Coastal Act of 1976. Implications for Listen and Learn The Southern California Association of Governments (SCAG) is currently in the process of developing the 6th cycle Regional Housing Needs Assessment (RHNA) allocation plan which will cover the planning period October 2021 through October 2029. The RHNA quantifies the need for housing within eachjurisdiction in the SCAG region during the planning period andrepresents the amount of housing that must be planned for in a community’s General Plan Housing Element according to State law. SCAG plans to release draft RHNA allocations in February 2020 and to formally adopt a RHNA allocation plan in October 2020. While the City of Newport Beach’s RHNA allocation is not known at this time, based on the draft RHNA methodology currently being considered by SCAG, the City anticipates a total RHNA of approximately 2,750 units, substantially more than in the prior cycle. In this context, housing will undoubtably be a hot topic for the General Plan Update, and as such, Listen and Learn outreach represents an important opportunity to start a conversation with the community about housing before potentially controversial RHNA numbers are released. Listen and Learn outreach can help set up for the Housing Element Update and the General Plan Update by: Informing community members about the legal requirements for the planning of housing and the levers available to the City to shape the location and character of housing (i.e., through objective standards) including criteria for identifying sites appropriate for affordable housing development; Engaging community members in a dialogue about demographic projections and future housing needs in Newport Beach, recognizing that new housing can help ensure that the community remains affordable to our children as they move out and start families, our parents as they get older, and the teachers, firefighters and other public servants who contribute to the quality of life of the community; the conversation should include a discussion of housing typologies suited to future demand, especially in view of new State law intended to facilitate production of affordable multi-family development and ADUs; Obtaining input that will help to identify areas that could be designated for additional affordable housing and help to assess the feasibility of establishing affordable housing overlay zoning; GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 108 13 - Seeking input on the elements of built form that contribute most tothe desired character of the community in order to guide creating of objective standards that will help achieve design that enhances the visual character and sense of place in Newport Beach. While the Listen and Learn process presents an opportunity to gather community input that can inform the development of new citywide objective standards for multi-family and mixed use projects, it may be prudent for the City to work on a separate, expedited timeline to establish objective standards for areas where adopted standards are insufficient or are inconsistent with the General Plan, such as in the Airport Area. This would ensure that there are sufficient interim objective standards in place to guide projects that may come forward in these areas while the General Plan Update is in progress. Community input gathered as part of the Listen and Learn process and the subsequent General Plan Update could then be used to refine and/or augment the interim standards. SAFETY Government Code 6530 (g) (2) - Flooding This section of the California Government Code required an update to the Safety Element of the General Plan timed with the next update to the Housing Element on or after January 1, 2009 to address new requirements related to flooding. These requirements include the identification of flood hazard areas based on available data from the Federal Emergency Management Agency FEMA), the provision of historical data on flood events, and the establishment of goals, policies, andobjectives designed to avoid or minimize risks to newdevelopment from flooding. Thecurrent General Plan includes a discussion of flooding risk in Newport Beach and a map (Figure S3) depicting flood hazard areas. Goal S 5 and associated policies address flooding risk. As part of the General Plan Update, the maps and information will need to be updated based on the latest available data and theElement will needto be synchronizedwith the 2016Local Hazard Mitigation Plan (LHMP). Government Code 6530 (g) (3) - Wildfire This section of the California Government Code requires an update to the Safety Element of the General Plan timed with the next update to the Housing Element on or after January 1, 2014, to address new requirements related to wildfire. These requirements include the identification of fire hazard severity zones, based on data from the California Department of Forestry and Fire Protection, the provision of historical data on wildfire events, the provision of additional information about wildfire hazard areas from the US Geological Survey, and the establishment of goals, policies, and objectives designed to avoid or minimize risks to new development from wildfire. The current General Plan includes a discussion of wildfire risk in Newport Beach and a map (Figure S4) depicting wildfire hazard areas. Goal S 6 and associated policies address wildfire risk. As part of the General Plan Update, the maps and information will need to be updated based on the latest available data and the Element will need to be synchronized with the 2016 LHMP. GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 109 14 - Senate Bill 379 Senate Bill (SB) 379 requires all cities and counties to include climate adaptation and resiliency strategies in the safety elements of their general plans upon the next revision to the City’s Local Hazard Mitigation Plan beginning January 1, 2017. The law requires that each community complete a vulnerability assessment to identify primary and secondary risks from climate change; to create a set of adaptation and resilience goals, policies and objectives address the risks identified in the vulnerability assessment; and to develop feasible implementation measures designed to carry out the goals, policies and objectives. To help with local vulnerability assessments, the California Energy Commission, in collaboration with UC Berkeley’s Geospatial Innovation Facility, has developed the Cal-Adapt website, which offers a wealth of data on how climate change might affect California at the local level, including effects in Orange County and Newport Beach. Implications for Listen and Learn Publicly available data and information on natural hazards and the effects of climate change can be used to create maps and graphics that can help frame a discussion of issues and priorities for the community in the face of challenges that may result from climate change in the future. ENVIRONMENTAL JUSTICE Senate Bill 1000 Enacted into law in 2016, SB 1000 (California Code Section 65302(h)) requires that General Plans identify disadvantaged communities (DACs) within their jurisdiction and incorporate strategies to address the needs of those communities. DACs are defined by the State as areas most burdened by a combination of economic, health, and environmental factors, including poverty, high unemployment, pollution, and health conditions like asthma and heart disease. Specifically, the law requires that with the next update to two or more elements of the General Plan on or after January 1, 2018, a community with a DAC within its jurisdiction must adopt environmental justice goals, policies, and objectives into the General Plan, considering strategies to reduce pollution exposure as well as strategies to promote public facilities, food access, safe and sanitary homes, and physical activity. Further, the environmental justice goals, policies, and objectives must also promote civic engagement in the public decision-making process and prioritize improvements and programs that address the needs of DACs. The environmental justice goals, policies, and objectives may be included in a standalone element or incorporated into other elements of the General Plan. To identify DACs, the California Environmental Protection Agency has developed a mapping tool known as CalEnviroscreen, which is the standard used by State agencies for identifying DACs and is specifically identified in State law as the minimum requirement for general plans. CalEnviroscreen considers 20 different indicators related topollutionexposure, health, and socio- economic factors to rank 8,000 census tracts statewide. Tracts that rank in the 75th percentile i.e., the top 25 percent) are classified as DACs. CalEnviroscreen identifies census tract GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 110 15 - 6059063604, a small portion of which is located within the City of Newport Beach, as a DAC. The principal indicators of concern contributing to the classification of this tract as a DAC relate to hazardous waste, toxic releases, groundwater contamination threats, and housing burden. The portion of the tract classified as a DAC that is within the City of Newport Beach is located along West 16th Street and is currently developed with commercial uses. As such, there are no Newport Beach residents of this DAC; however, according to CalEnviroscreen data, issues related to water pollution and risk of toxic release also exist in other census tracts within the city. Therefore, the General Plan Update and its environmental impact report should endeavor to characterize and address the associated risks, which may be at issue in the part of the DAC within the City limit as well as in other areas of the city. Given the somewhat anomalous situation whereby only a tiny, commercial portion of the City is classified as a DAC, it is also advisable to consult with OPR regarding how best to satisfy the requirements of SB 1000 in the General Plan Update. Assembly Bill 2616 Enacted in 2016, Assembly Bill (AB) 2616 authorizes local jurisdictions and the California Coastal Commission to consider environmental justice factors when deciding on coastal development permit applications. In response to this new law, the California Coastal Commission formally adopted an Environmental Justice Policyon March 8, 2019. The Policy identifies coastal access for disadvantaged communities as a priority and notes that the ongoing statewide housing affordability crisis "has pushed low-income Californians and communities of color further from the coast, limiting access for communities already facing disparities with respect to coastal access and may contribute to an increase in individuals experiencing homeless." Specifically, the Policy cites the intent of the Commission to "work with localgovernments to adopt local coastal program policies that allow for a broad range of housing types including affordable housing, ADUs, transitional/supportive housing, homeless shelters, residential density bonuses, farmworker housing, and workforce/employee housing, in a manner that protects coastal resources consistent with Chapter 3 of the Coastal Act." The Policy also seeks to address a trend in the conversion of existing visitor-serving coastal facilities to high-cost facilities and expresses the intent to adopt a strategy for increasing the number and variety of new lower-cost opportunities along the coast. Implications for Listen and Learn CalEnviroscreen provides a wealth of data that can be used to characterize pollution burden in Newport Beach. In conjunction with other sources of information, this data could be used to create maps and charts that convey context and inform a discussion about environmental health and related priorities for the General Plan Update. The City of Newport Beach has approximately 30 miles of bay and ocean waterfront and about 63 percentof the City is in the Coastal Zone. The City's Local Coastal Program (LCP) was certified with an effective date of January 30, 2017, and as such the City can now issue Coastal Development Permits, subject to appeal to the California Coast Commission. Given the implications of AB 2797 discussed previously and the stated aim of the Coast Commission to promote a range of housing types on the coast, Newport Beach will need to explore options for housing in the coastal zone GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 111 16 - while also carefully considering the consequences of sea level rise and climate change on the vulnerability of coastal residents. Additionally, while the current General Plan does contain policies that seek to promote public access to the coast (LU 6.19.10 and HB 6.1), there may be an opportunity to explore enhancing or expanding these as part of the Listen and Learn process. OTHER ELEMENTS The focus of this memo is on the recent State laws and their implications for the Newport Beach General Plan. As such, the review concentrates on portions of the existingGeneral Plan that could be affected by those laws. The laws discussed above do not have implications forother elements, but that there may be other circumstances triggering the need for updates to other elements. City staff will be well placed to identify changes required to other elements and the Listen and Learn process will uncover other matters of importance to the community that should be addressed in the General Plan Update. GP Update Steering Committee - December 4, 2019 Item No. 5a- Attachment 2 General Plan Diagnostic Memo 112 GENERAL PLAN ANNUAL PROGRESS REPORT FOR 2023 Planning Commission Public Hearing March 7, 2024 Community Development Department Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) 2023 ANNUAL REPORT 2 •Provides status for GP activities in 2023 •Report follows latest OPR guidance •Overview of GP implementation (Appendix A) •Housing Element summaries (Appendix B) •Compliance with OPR’s GP Guidelines and required future updates (Appendix C) •Priorities for land use decision-making in 2023 •City Council to review on March 26, 2024 •Must submit report to State by April 1, 2024 Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) PROGRESS REPORT 3 •Last comprehensive update in 2006 •Comprehensive Zoning Code update and ongoing maintenance •Ongoing tasks and long-term coordination •Existing GP is frequently used and functions well •Some elements may be due for a refresh •Comprehensive update initiated in 2019 •Update will follow latest OPR GP Guidelines •Significant new topics to consider •Environmental justice •Resiliency, climate change, and sea level rise Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) GENERAL PLAN UPDATE STATUS 4 •Late 2019 –City Council initiated review of General Plan •September and October 2022 –City Council adopted the 6th Cycle Housing Element and State HCD deemed compliant •October 2022 –City Council adopted updated Circulation Element with refreshed policies (VMT, Complete Streets, etc.) •Throughout 2023 –General Plan Update Steering Committee and Advisory Committee each met nine times with several element-specific subcommittee meetings between •July 2023 –Dudek brought under contract as consultant Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) GENERAL PLAN UPDATE STATUS 5 Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) HOW TO PARTICIPATE •GPAC/GPUSC Meetings and GPAC Subcommittee Meetings •Visit www.newportbeachca.gov/gpupdate •Upcoming pop-up outreach events (e.g., Mayor’s Egg Race) 6 Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) 2023 HOUSING ACTIVITY 7 Table A2 Summary –2023 Building Activity Summary –Net New Units Approved Entitlements Building Permits Issued Certificates of Occupancy Issued Affordable Above- Moderate Income Affordable Above- Moderate Income Affordable Above- Moderate Income None None 11 Very-Low- Income (ADU) 18 Low-Income (ADU) 13 Moderate- Income ADU 1 (ADU)14 Very-Low-Income (ADU) 24 Low-Income (ADU) 17 Moderate-Income ADU 1 (ADU) None None 42 ADUs 1 ADU 55 ADUs 1 ADU Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) 2023 RHNA PROGRESS 8 Table B Summary: Regional Housing Needs Assessment (RHNA) Progress Permitted Units Issued by Affordability Income Level RHNA 2021 2022 2023 2024 2025 2026 2027 2028 Total to Date Very Low 1,456 13 8 11 -----32 Low 930 21 14 18 -----53 Moderate 1,050 1 11 13 -----25 Above Moderate 1,409 31 7 1 -----39 Total RHNA 4,845 66 40 43 -----149 Total Units Produced 66 40 43 -----149 Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) ACTIVE IN 2023: PROJECTS WITH AFFORDABLE UNITS Residences at 1300 Bristol Street 24 Affordable Units (For Rent) 193 Total Units Residences at 1400 Bristol Street 23 Affordable Units (For Rent) 229 Total Units Residences at 1401 Quail Street 6 Affordable Units (For Sale) 67 Total Units 9 Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) CURRENT HE IMPLEMENTATION FOCUS 10 Policy Actions 1A –1G (Rezoning) •Set goals to rezone housing opportunity sites •Draft overlays for focus areas shared in 2023 •Draft Program EIR released February 2024 •Land Use Element, Coastal Land Use Plan, Zoning Overlays, and Objective Design Standards anticipated July or August 2024 •Subject to a vote of the electorate planned November 2024 Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) OTHER HE IMPLEMENTATION HIGHLIGHTS 11 Policy Actions 1H –1J (Accessory Dwelling Units) 2023 ADU Production: •72 ADUs submitted for review •71 ADUs permitted and completed ADU Incentives and Awareness: •Code amendment for state law consistency and incentives •Website enhancements to foster interest in ADUs •Preparation of ADU standard plans Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) OTHER HE IMPLEMENTATION HIGHLIGHTS 12 Efforts to Assist the Unhoused in 2023 BeWell Transports to services Permanently housed BeWell contacts with residents, visitors, and unhoused Individuals connected with resources 16334 1753,681 Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195) THANK YOU! QUESTIONS? Jaime Murillo, AICP, Acting Deputy Community Development Director 949-644-3209, jmurillo@newportbeachca.gov 13 Planning Commission - March 7, 2024 Item No. 2a Additional Materials Received General Plan Annual Progress Report (PA2007-195)