HomeMy WebLinkAbout3.0_Housing Element Implementation Program Amendments_PA2022-0245
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 18, 2024
Agenda Item No. 3
SUBJECT: Housing Element Implementation Program Amendments (PA2022-0245)
▪ General Plan Amendment
▪ Title 20 (Planning and Zoning) Amendment
▪ Local Coastal Program Amendment
▪ Program Environmental Impact Report (SCH No. 2023060699)
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNERS: Benjamin M. Zdeba, AICP, Principal Planner
bzdeba@newportbeachca.gov, 949-644-3253
Jaime Murillo, AICP, Acting Deputy Community Development Director
jmurillo@newportbeachca.gov, 949-644-3209
PROJECT SUMMARY
To implement the 6th Cycle Housing Element for the 2021-2029 planning period, the
Planning Commission is being asked to consider a recommendation to the City Council for
the amendments and actions described below, which must take effect by the statutory
deadline of February 2025:
• General Plan Amendment. To revise the necessary goals and/or policies within the
City’s Land Use Element to support housing production in the focus areas identified
by the Housing Element;
• Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code. To implement the Land Use Element's policy changes by allowing housing
development as an opportunity and establishing appropriate development standards
create objective design and development standards for multi-unit residential and
mixed-use development projects; and
• Local Coastal Program Amendment. To revise and create new policies within the
City’s Coastal Land Use Plan and to update Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (“NBMC”) to support
housing production in the focus areas identified by the 6th Cycle Housing Element
and within the Coastal Zone.
Lastly, the City has prepared Program Environmental Impact Report (SCH No.
2023060699) to analyze potential environmental impacts under the California
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Environmental Quality Act (CEQA) related to the implementation of the 6th Cycle Housing
Element through providing additional housing development capacity.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. PC2024-006 recommending City Council certify the Program
Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH
No.) 2023060699, including the Mitigation Monitoring and Reporting Program
(MMRP), and approve the Housing Element Implementation Program Amendments
all collectively referred to as “PA2022-0245” (Attachment No. PC 1).
INTRODUCTION AND BACKGROUND
The General Plan sets forth a city’s long-range planning policies that are reflective of the
aspirations and values of residents, landowners, businesses, and organizations within the
community. City Councils and Planning Commissions rely on the General Plan when
considering land use and planning-related decisions. City staff uses the General Plan
day-to-day in administering goals and policies. Residents may refer to the General Plan
to understand a city’s approach to development.
The Housing Element is a required element, or chapter, of the General Plan. It presents
how a city plans to accomplish the state-mandated Regional Housing Needs Allocation
(RHNA) on sites within city limits. Local jurisdictions, like the City of Newport Beach
(“City”), are responsible for creating a regulatory environment in which the private market
can build the unit types included in the RHNA. The City is required to prepare an update
to its housing element every eight years.
After conducting wide-ranging public outreach involving extensive public participation
opportunities, including numerous meetings of the City Council-appointed Housing
Element Update Advisory Committee (HEUAC), the City Council adopted the City’s 6th
Cycle Housing Element for the 2021-2029 planning period (“Housing Element”) on
September 13, 2022. The Housing Element was later certified as statutorily compliant
with state law by the California Department of Housing and Community Development
(HCD) on October 5, 2022.
The Housing Element provides the City with a coordinated comprehensive strategy for
promoting the production of a variety of housing types for all. The Housing Element was
prepared to ensure the City establishes policies, procedures, and incentives in its land
use planning and development standards that result in maintenance and expansion of the
housing supply. Section 4 (Housing Plan) of the Housing Element presents a framework
and strategy for meeting the needs of existing and future resident populations within the
City based on the RHNA allocation of 4,845 new housing units. To comply with state law,
the City must now implement the various strategies and programs outlined in Section 4
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of the Housing Element no later than February 2025. The City is not required to build
housing units to meet its RHNA allocation, only to establish the appropriate zoning
designations and development standards to allow the private market to develop these
units.
Of critical importance is that the City is required to ensure the continued and effective
implementation of the Housing Element programs including, but not limited to, the
provision of sufficient adequately zoned land to accommodate its share of the regional
growth and its required share of lower income dwelling units consistent with the General
Plan and RHNA obligations. The areas where rezoning is required are focused in five
areas of the City, as displayed in Figure 1 below. Although Banning Ranch (now the
Randall Preserve) was included as a housing opportunity due to existing development
capacity in the current General Plan Land Use Element, it is not being considered as an
opportunity site that counts towards meeting the City’s RHNA allocation.
Figure 1, Focus Areas for Residential Development
PROJECT DESCRIPTION AND DISCUSSION
An in-depth and detailed project description has been prepared as Section 3.0 (Project
Description) of the Draft Environmental Impact Report (“Draft EIR”), which is digitally
attached to this staff report as Exhibit “A” to Attachment No. PC 1, due to size and made
available online at www.newportbeachca.gov/CEQA.
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The three primary implementing actions are described below.
1) General Plan Land Use Element Amendment
The Land Use Element is a guide for the City’s future development. Its goals and policies
help to guide the distribution and general location of land uses, such as residential,
services, retail, open space, recreation, and public uses. The Land Use Element also
addresses the permitted density and intensity of the various land use categories.
The first step in the Housing Element’s implementation is to revise the necessary goals
and/or policies within the Land Use Element to support housing production in the focus
areas identified by the Housing Element. City staff worked in collaboration with the City-
Council-appointed General Plan Update Steering Committee and the General Plan
Advisory Committee to create draft revisions to the Land Use Element.
The proposed amendments to the Land Use Element include both revised policies and a
series of new policies to implement the Housing Element in accordance with its policy
actions. The new Land Use Element Policies 4.4 through 4.7 serve to allow for potential
residential development in areas that do not necessarily allow it currently. Each of the
new policies are summarized in the table below.
Table 2, General Plan Land Use Element New Policies
Policy Effect
LU 4.4 (Rezoning to Accommodate
Housing Opportunities)
Supports the creation of the Housing Opportunity Overlay
Zoning Districts and provides guidance on associated
development limits for each focus area.
LU 4.5 (Residential Uses and
Residential Densities)
Clarifies that residential use of identified properties is
allowed regardless of and in addition to the underlying land
use category or density. Identifies the maximum density in
Policy 4.4 as an average across an entire property or project
site. Furthermore, this Policy clarifies that development
limits do not include units that are produced pursuant to
state density bonus law or current pipeline units.
LU 4.6 (Continuation of Existing
Development)
Reinforces that residential development opportunities are in
addition to the existing uses allowed by the General Plan.
The allowance for residential does not require development
as residential nor does it create nonconforming conditions.
LU 4.7 (Redevelopment and Transfer of
Development Rights)
Works in conjunction with current Policy 4.3 (Transfer of
Development Rights) and allows the transfer of development
rights within the same statistical area when a property is
redeveloped. For example, removing an office building for a
residential development would free up the net change in
trips thereby allowing for additional nonresidential intensity
on a neighboring site within the same statistical area. This
condition will help to ensure the opportunity for adequate
resident-serving commercial in newly development
residential neighborhoods.
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Attachment No. PC 1 provides additional justification for the proposed General Plan Land
Use Element Amendment by way of a consistency analysis. Exhibit “B” of this Attachment
is a redline strikeout version of the complete General Plan Land Use Element.
2) Title 20 (Planning and Zoning) Amendment
To implement the Land Use Element's policy changes, the City must rezone identified
properties to allow housing development as an opportunity and to establish appropriate
development standards.
The proposed amendment to Title 20 (Planning and Zoning) consists of two primary
components. The first component is the proposed Housing Opportunity (HO) Overlay
Zoning Districts, which would be applied to the housing opportunity sites identified in the
Housing Element and in the Draft EIR. These sites generally include properties within the
Airport Area, West Newport Mesa, Dover-Westcliff, Newport Center, and Coyote Canyon.
The second component is the proposed Multi-Unit Objective Design Standards. Each of
the components are further described below.
Housing Overlay Zoning Districts
An overlay zoning district is a regulatory tool that adds special provisions and regulations
to a specific area. All proposed development within an overlay district must comply with
the district’s applicable development standards in addition to the base development
standards unless specifically modified.
As a part of the proposed implementation program, Chapter 20.28 (Overlay Zoning
Districts) of the NBMC would be amended to include new Section 20.28.050 (Housing
Opportunity (HO) Overlay Zoning Districts). The HO Overlay Zoning Districts are intended
to accommodate housing opportunities consistent with the Housing Element’s focus
areas and to ensure the City maintains adequately zoned sites consistent with its RHNA
allocation. Although the City’s 6th Cycle RHNA allocation is 4,845 housing units, a total
new development capacity of 9,649 units is being provided to include a buffer necessary
to address future “no net loss” of available sites and to preclude the need to identify
replacement sites during the 6th Cycle implementation. The provisions of Section
20.28.050 would be applicable in whole or in part to the following focus areas with
associated maximum development limits:
HO-1: Airport Area (2,577 units) HO-4: Newport Center (2,439 units)
HO-2: West Newport Mesa (1,107 units) HO-5: Coyote Canyon (1,530 units)
HO-3: Dover-Westcliff (521 units) HO-6: 5th Cycle Sites
Properties identified within HO-1, HO-2, HO-3, HO-4, and HO-5 Overlay Zoning Districts
would be eligible for special development standards that are conducive to residential
development at the prescribed average density range. These standards include but are
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not limited to minimum lot area, setbacks, height, open space, landscaping, and parking.
The allowable uses are those that are permitted or conditionally permitted in the base
zone, as well as multiple-unit residential and mixed-use developments that meet the
density requirements and development standards of each HO Overlay Zoning District.
A critical component of the HO Overlay Zoning Districts is the development limits, which
are included with the list above for reference and align with the housing strategy for each
focus area. These limits are intended to be an additional opportunity on top of current
intensity and density allowances allowed by the General Plan. As drafted, the
development limits will only be drawn down with base residential units. Units that are
produced through state density bonus law or other state provisions (e.g., Senate Bill 6
and accessory dwelling units) will not be counted against the development limits.
Furthermore, current prospective developments identified as pipeline projects and those
projects that have been applied for prior to the effective date of these HO Overlay Zoning
Districts are also not counted against the development limits.
It is important to note that, as required by state law, any residential or mixed-use
development in an HO Overlay Zoning District that includes a minimum of 20% of the
units reserved for low- and very-low Income residents would not require discretionary
review and would instead be allowed by-right, subject to the development standards and
Objective Design Standards described in the next section. Developments meeting these
criteria would also require an Affordable Housing Implementation Plan (AHIP) that
stipulates a minimum 30-year affordability covenant and requires affordable units to be
dispersed throughout a project and reflect the range of bedrooms and interior finishes
that are features on market-rate units.
The HO-6 Overlay Zoning District is only listed to provide for a by-right review process for
residential development on the prior 5th Cycle Housing Element sites that were carried
forward at the existing densities provided by current zoning. Sites within the HO-6 Overlay
Zoning District are not provided additional density or modified development standards
beyond the base zoning standards currently in place.
Attachment No. PC 1 provides additional justification for the proposed amendments to
Title 20. Exhibit “C” of this Attachment shows the proposed development standards for
the five housing opportunity sites (HO-1 through HO-5) and the by-right approval process
for HO-6, which will be incorporated into Chapter 20.28 (Overlay Zoning Districts).
Objective Design Standards
Under new state housing laws (i.e., Senate Bill 35 – Housing Accountability Act, Senate
Bill 330 – Housing Crisis Act, Senate Bill 6, and Assembly Bill 2011), the City is prevented
from enforcing subjective development standards and is required to permit certain
housing development projects meeting minimum affordability criteria by-right. Therefore,
it is important to create a set of objective design standards that provide certainty of
compliance for housing developers while fostering good design and maintaining the
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character of Newport Beach. For example, the City is not allowed to include subjective
standards in this document, such as requirements for “quality architecture” or “compatible
colors and window treatments.” Attachment No. PC 2 provides a synopsis of recent and
relevant state housing laws for additional information.
State housing law specifies having objective design standards (hereafter “ODS”) available
to apply to housing projects where the City’s discretion over design review is otherwise
preempted per State law. ODS are defined under state law as “standards that involve no
personal or subjective judgement 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”
(California Government Code §65913.4). Housing Element Policy Action 3A requires the
preparation and adoption of the City’s own ODS.
The proposed ODS are to be incorporated into the Title 20 as Section 20.48.185 (Multi-
Unit Objective Design Standards), which will be part of Chapter 20.48 (Standards for
Specific Land Uses). The ODS will supplement the development standards of the HO
Overlay Zoning Districts, as well as any base zoning requirements. ODS address items
such as amount of window coverage on the ground floor of mixed-use buildings, size of
entry porches, building articulations and modulation, building orientation, open space,
storefront design, and similar standards.
While there are existing development standards and proposed development standards
under the HO Overlay Zoning District, the City’s proposed ODS go further and ensure
high quality development without too much prescriptiveness to help address atypical
situations. Should a developer wish to deviate from the ODS, a waiver of design standards
may be requested through a discretionary site development review by the Planning
Commission when it can be demonstrated that compensating design and development
features are provided that offset impacts associated with the waiver of standards.
Alternatively, projects that include affordable or special needs housing that are eligible for
a density bonus may also request development standard waivers.
Attachment No. PC 1 provides additional justification for the proposed ODS. Exhibit “D”
of this Attachment contains the proposed draft ODS.
3) Local Coastal Program Amendment
The LCP consists of the Coastal Land Use Plan (CLUP) and the Implementation Plan,
which is Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The CLUP
sets forth goals, objectives, and policies that govern the use of land and water in the
coastal zone within the City and its sphere of influence, except for Newport Coast and
Banning Ranch. Title 21 provides the zoning and development standards for those
properties within the Coastal Zone.
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The proposed amendments simply serve to implement the Housing Element strategy for
properties that are within the Coastal Zone. They are complementary to the General Plan
Land Use Element and include updated and new policies to implement the Housing
Element programs and strategies. They are also complementary to the amendments
proposed for Title 20.
The new CLUP policies are listed in the table below.
Table 3, Coastal Land Use Plan New Policies
Policy Effect
Policy 2.1.11-1 Supports the creation of the Housing Opportunity Overlay
Coastal Zoning Districts and provides guidance on
associated development limits for each focus area.
Policy 2.1.11-2 Clarifies that residential use of identified properties is
allowed regardless of and in addition to the underlying land
use category or density. Furthermore, this Policy clarifies
that development limits do not include units that are
produced pursuant to state density bonus law or current
pipeline units.
Policy 2.1.11-3 Reinforces that residential development opportunities are in
addition to the existing uses allowed by the General Plan.
The allowance for residential does not require development
as residential nor does it create nonconforming conditions.
Policy 2.1.11-4 Requires consistency with other Implementation Plan
requirements, including a coastal development permit, and
compliance with established procedures to grant relief from
standards, such as a coastal modification or coastal
variance.
The amendment to Title 21 includes the addition of the new Housing Opportunity (HO)
Overlay Coastal Zoning Districts along with its corresponding development standards for
the various overlay districts. While the new HO Overlay Coastal Zoning Districts will allow
for a new residential development opportunity where it may not be allowed today, it is
important to identify that a coastal development permit will still be required for any
development project in the Coastal Zone.
Attachment No. PC 1 provides additional justification for the proposed LCP Amendments.
Exhibit “E” of this Attachment includes the proposed amendments to the Coastal Land
Use Plan’s policies, as well as to Title 21 of the NBMC. The standards address typical
development standards including but not limited to height, setbacks, open space,
landscaping, and parking.
Charter Section 423 Vote
A successful vote of the electorate is required for any major amendment to the City’s
General Plan pursuant to City Charter Section 423 and its implementing guidelines. A
“major amendment” is one that significantly increases the maximum amount of traffic that
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allowed uses could generate, or significantly increases allowed density or intensity.
“Significantly increases” means over 100 peak hour trips (traffic), or over 100 dwelling
units (density), or over 40,000 square feet of floor area (intensity).
The thresholds apply to the total of: 1) Increases resulting from the amendment itself, plus
2) 80% of the increases resulting from other amendments affecting the same
neighborhood and adopted within the preceding 10 years.
As the proposed amendment is considered a major amendment due to increases in both
density and trips across all affected statistical areas, the proposed General Plan Land
Use Element amendments would not take effect unless it has been submitted to the voters
and approved by a majority of those voting on it.
Given the February 2025 deadline for implementation of the zoning actions, the City has
been working to bring the matter to a ballot vote as part of the November 5, 2024 General
Election.
Public Outreach and Review
In early 2023, City staff began to work closely with the General Plan Update Steering
Committee, the General Plan Advisory Committee, and the General Plan Advisory
Committee’s Land Use Element Subcommittee to formulate initial policy revisions for the
General Plan Land Use Element. In June and July 2023, the City published the Notice of
Preparation for its draft program environmental impact report (Draft EIR) related to the
Housing Element’s implementation and held a scoping meeting to encourage public input
on the project’s environmental implications.
In August 2023, the City released initial draft versions of the General Plan Land Use
Element revisions, Housing Opportunity (HO) Overlay Zoning Districts, and Multi-Unit
Objective Design Standards for public review and comment. On September 21, 2023, the
Planning Commission conducted a study session to review these implementing
components. Some of the Commissioners expressed concern regarding overly restrictive
Objective Design Standards and suggested broadening them to provide for more latitude
for atypical sites. Meeting minutes from the September 21 Planning Commission Study
Session are included as Attachment No. PC 3.
Based on input received from the Planning Commission and various community
stakeholders, the drafts were revised and reposted on January 16, 2024.
On February 12, 2024, the City released the Draft EIR for a 46-day public review and
comment period. On February 13, 2024, the City Council held a study session to receive
an update on the Housing Element’s implementation. Meeting minutes from the February
13 City Council Study Session are included as Attachment No. PC 4.
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Based on input received from various community stakeholders, the drafts of implementing
amendments were once again revised and reposted on March 29, 2024. At this time, the
City also prepared a draft of the Local Coastal Program Amendments for review and also
published initial drafts of the HO Overlay Zone maps.
Environmental Review
Prior to making a favorable recommendation to the City Council on the proposed project
or a modified project, the Planning Commission must first review, consider, and
recommend certification of the Environmental Impact Report identified by State
Clearinghouse Number (SCH No.) 2023060699.
The City contracted with Kimley-Horn & Associates, Inc. (Kimley-Horn), a well-qualified
planning and environmental consulting firm, to prepare the DEIR for the proposed project
in accordance with CEQA and the State CEQA Guidelines. A copy of the DEIR was made
available on the City’s website, at each Newport Beach Public Library location, and at the
Community Development Department.
Given the wide-sweeping and programmatic nature of the EIR, all topics to potentially be
evaluated under CEQA were analyzed. It is further important to highlight that the analyses
conducted for the Draft EIR were highly conservative and assumed full build-out of the
entire housing development capacity without any consideration for removal and
replacement of existing development. While a robust discussion is provided in the EIR,
the following table provides quick summary of the outcome for the analyses conducted
under each topical area.
Table 1, Summary of Significant Impacts and Mitigation Program
Topic Level of Significance Notes
Aesthetics Significant and Unavoidable No feasible mitigation measures to
reduce to less than significant for Banning
Ranch only. No mitigation required for
other focus areas.
Air Quality Significant and Unavoidable No feasible mitigation measures to
reduce to less than significant.
Biological Resources Less Than Significant Implementation of standard conditions
and mitigation measures.
Cultural Resources Significant and Unavoidable No feasible mitigation measures to
reduce to less than significant given the
unknown and speculative locations of
development, and the potential loss of
buildings that are 50 years old and older.
Energy Less Than Significant Implementation of current regulations.
Geology and Soils Less Than Significant Implementation of current regulations.
Greenhous Gas Emissions Significant and Unavoidable No feasible mitigation measures to
reduce to less than significant.
Hazards and Hazardous
Materials
Less Than Significant Implementation of current regulations.
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Topic Level of Significance Notes
Hydrology and Water
Quality
Less Than Significant Implementation of current regulations.
Land Use and Planning Less Than Significant Implementation of current regulations.
Noise Significant and Unavoidable For roadway noise, no feasible mitigation
measures to reduce to less than
significant for one segment only (Campus
Drive from MacArthur Boulevard to Von
Karman Avenue).
Population and Housing Less Than Significant Implementation of current regulations.
Public Services Less Than Significant Implementation of current regulations.
Recreation Less Than Significant Implementation of current regulations.
Transportation Less Than Significant Implementation of current regulations and
a mitigation measure.
Tribal Cultural Resources Less Than Significant Implementation of standard conditions
and mitigation measures.
Utilities Significant and Unavoidable Related to availability of water, no
feasible mitigation measures to reduce to
less than significant.
Wildfire Less Than Significant Implementation of current regulations and
a mitigation measure.
All standard conditions, current regulations, and required mitigation measures are
identified in the Mitigation Monitoring and Reporting Program, which is included in Exhibit
“A” of Attachment No. PC 1.
The Draft EIR document was released for a 46-day public comment period from February
12, 2024, through March 28, 2024.
Staff received seven comment letters on the Draft EIR from agencies and members of
the public. Kimley-Horn has worked with City staff to prepare detailed written responses
to each of the comments received on the adequacy of the Draft EIR. Corrections and
additions to the Draft EIR are also provided to incorporate additional or revised
information required for the preparation of responses to certain comments. The revisions
do not alter any impact significance conclusion disclosed in the Draft EIR, and therefore,
do not warrant recirculation of the Draft EIR for public review. The revisions to the Draft
EIR will be incorporated into the Final EIR, if certified.
The Draft EIR reflects the independent judgment of the City and recognizes project design
features, standard construction and engineering practices, compliance with federal, state,
and local laws, and standard conditions of approval for projects within the City. On the
basis of the analyses provided in the Draft EIR, City staff has concluded that full build out
of the project without consideration of removal or replacement of existing development
would potentially have a significant impact on the environment. However, there are
overriding considerations to consider given the programmatic nature of this document and
the mandated planning exercise for the 6th Cycle RHNA allocation under state law. In that,
the project’s benefits and the City’s retention of local development and land use control
outweigh the potential impacts.
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Tribal Consultation
Pursuant to Senate Bill 18 (SB 18), the City requested a Sacred Lands File (SLF) search
on the project location from the Native American Heritage Commission (NAHC) on March
5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were
positive and identified 19 Native American tribal representatives to contact for further
information on potential tribal resources. To comply with both the requirements of SB 18
and Assembly Bill 52 (AB 52), the City mailed and emailed notices regarding the proposed
project to all of the listed tribes. The City received a response from only one representative
of the Gabrieleño Band of Mission Indians – Kizh Nation expressing no concerns on the
project given its programmatic nature, but also expressing a desire to be consulted on
future individual projects.
Level of Service Analysis
Although a Level of Service (LOS) traffic study is no longer required for the purpose of
CEQA, nor is it required for the Housing Element Implementation Program Amendments,
the City has prepared the Housing Element Transportation Analysis (Analysis) consistent
with the methodology prescribed by the City’s Traffic Phasing Ordinance. The Analysis
serves as a reference document to provide additional information regarding potential
traffic conditions related to the implementation of the Housing Element.
The Analysis is available on the City’s website using the following link:
https://www.newportbeachca.gov/home/showpublisheddocument/74436/638458397515
200000.
Much like the DEIR, the Analysis is a highly conservative, “worst-case” analysis in that it
assumes full build-out of all units occurring without removal or redevelopment of any
existing development. In reality, development of the new housing units will likely occur
through redevelopment of existing nonresidential uses (e.g., office, retail, etc.) helping to
offset vehicular trips. Furthermore, the Analysis notes that the introduction of residential
into an area with predominantly existing employment uses will help to balance the land
uses in the area, such that traffic volume increases may not be as substantial as
expected.
Even with this highly conservative scenario, Analysis concludes that only six of the study
intersections are projected to potentially experience unacceptable conditions. Of these
six intersections, three are expected to operate at acceptable levels of service based on
improvements already identified in the General Plan. The Analysis provides
recommendations that facilitate improved levels of service for the remaining three
intersections.
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Summary
The City Council’s adoption of the 6th Cycle Housing Element in September 2022, and
HCD’s certification of statutory compliance in October 2022, created a roadmap for the
City to comply with State law as it relates to housing.
The proposed updates to the General Plan, Title 20 (Planning and Zoning), Local Coastal
Program, and Title 21 (Local Coastal Program Implementation Plan) are crucial to the
Housing Element’s planned implementation. The amendments will collectively help to
ensure the City’s Housing Element remains compliant thereby providing for retention of
local development control. They will also provide greater clarity for prospective private
developers while affording the opportunity for diverse housing options that meet the
needs of the City, as identified by the RHNA allocation.
Staff recommends that the Planning Commission recommend the City Council for the
certification of the Program Environmental Impact Report related to the implementation
of the 6th Cycle Housing Element, including the adoption of CEQA findings and Statement
of Overriding Consideration, and the adoption of amendments to the General Plan Land
Use Element, Title 20, and Local Coastal Program including Title 21.
Lastly, it is important to remember that, for the General Plan Land Use Element to become
effective and support the additional complementary and implementing amendments, a
favorable vote of the electorate is required under City Charter Section 423.
Should the voters not approve the proposed General Plan Land Use Element
amendment, the Housing Element may be considered non-compliant with state housing
law. This will enable developers of affordable housing projects to have their residential
projects approved as a “builder’s remedy” in accordance with the Housing Accountability
Act allowing higher density housing on any site, including those not identified as housing
opportunity sites in the Housing Element, and effectively ignoring height limits, density
limits and other regulations designed to ensure development is consistent with the City’s
Vision Statement of the General Plan. Beyond builder’s remedy projects, further
ramifications could include, but are not limited to increased exposure to public and private
litigation, loss of permitting authority, financial penalties, including monthly fines from
$10,000 to $100,000, loss of eligibility for state and regional funding sources, court
receivership, and increased exposure to monitoring by the newly formed Housing
Accountability Unit of HCD.
Public Notice
Given the citywide nature of this activity, notice of this hearing was published in the Daily
Pilot in a one-eighth-page format at least 10 days before the scheduled meeting,
consistent with Section 20.62.020(B)(2)(c) of the NBMC. Additionally, the item appeared
on the agenda for this meeting, which was posted at City Hall and on the City website.
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Prepared by:
__________________________
Benjamin M. Zdeba, AICP
Principal Planner
Submitted by:
ATTACHMENTS
PC 1 Draft Resolution with Findings and Exhibits
PC 2 State Housing Law Synopsis
PC 3 Planning Commission Study Session Meeting Minutes
PC 4 City Council Study Session Meeting Minutes
01/18/23
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Attachment No. PC 1
Draft Resolution with Findings and Exhibits
17
INTENTIONALLY BLANK
P
A
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RESOLUTION NO. PC2024-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE
CITY COUNCIL CERTIFY AN ENVIRONMENTAL IMPACT
REPORT, INCLUDING A MITIGATION MONITORING AND
REPORTING PROGRAM AND A STATEMENT OF OVERRIDING
CONSIDERATIONS WITH CEQA FINDINGS, AND AMENDMENT
TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND
TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE TO IMPLEMENT THE
GENERAL PLAN 6TH CYCLE HOUSING ELEMENT IN
COMPLIANCE WITH STATE LAW (PA2022-0245)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Every eight years, state law requires the City of Newport Beach (“City”) to update its
Housing Element, one of the seven mandatory elements of the Newport Beach General
Plan, that identifies and analyzes existing and projected housing needs within their
jurisdiction.
2. Newport Beach was assigned a Regional Housing Needs Allocation (“RHNA”) allocation
of 4,845 homes as Newport Beach’s projected housing needs for the period covering
2021-2029.
3. As a result, the City prepared the 6th Cycle Housing Element for the period 2021-2029 (“6th
Cycle Housing Element”) to plan for the 4,845 new housing units.
4. Preparation of the 6th Cycle Housing Element involved extensive public participation with
community groups at numerous workshops, as well as meetings with the Planning
Commission and City Council, and was assisted by an ad-hoc committee called the
Housing Element Update Advisory Committee (“HEUAC”) formed and appointed by the
City Council.
5. In accordance with state law, the City of Newport Beach (“City”) General Plan 6th Cycle
Housing Element for the 2021-2029 planning period (“Housing Element”) was adopted by
the City Council on September 13, 2022, and certified as statutorily compliant with State
law by the State Department of Housing and Community Development (“HCD”) on October
5, 2022.
6. Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and
strategy for meeting the needs of existing and future resident populations within the City of
Newport Beach (“City”) based on the Regional Housing Needs Assessment (“RHNA”)
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allocation of 4,845 new housing units, the “fair share” of regional housing need and
demand.
7. The 6th Cycle Housing Element identifies the following site groupings or “focus areas” that
are best suited to accommodate the City’s RHNA planning obligation:
• Airport Area Environs
• West Newport Mesa
• Newport Center
• Dover/Westcliff
• Coyote Canyon
8. The 6th Cycle Housing Element opportunity sites are to be rezoned per Housing Element
Policy Actions 1A through 1F to accommodate the City’s RHNA obligation, including a
buffer necessary to address future “no net loss” of available sites and to preclude the
need to identify replacement sites during the 6th Cycle implementation. Rezoning
includes the establishment of overlay zoning districts and accompanying development
standards, as well as corresponding amendments to the Land Use Element of the General
Plan and the Local Coastal Program.
9. To comply with state law, the City has been working diligently to implement the planning
strategy outlined in Section 4 (Housing Plan) of the 6th Cycle Housing Element no later
than February 2025. The implementing programs and strategies (“6th Cycle Housing
Element Implementation”) include the following amendments and actions:
• General Plan Amendment (“GPA”). To revise the necessary goals and/or policies
within the City’s Land Use Element to support housing production in the focus areas
identified by the Housing Element;
• Amendment to Title 20 (Planning and Zoning) of the NBMC (“ZCA”). To
implement the Land Use Element's policy changes by allowing housing
development as an opportunity and establishing appropriate development
standards create objective design and development standards for multi-unit residential and
mixed-use development projects;
• Local Coastal Program Amendment (“LCPA”). To revise and create new
policies within the City’s Coastal Land Use Plan and to update Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code
(“NBMC”) to support housing production in the focus areas identified by the 6th
Cycle Housing Element and within the Coastal Zone; and
• Program Environmental Impact Report (SCH No. 2023060699). To analyze
potential environmental impacts under the California Environmental Quality Act
(“CEQA”) related to the implementation of the 6th Cycle Housing Element through
providing additional housing development capacity.
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10. Certain components to the 6th Cycle Housing Element Implementation constitute a “Major
Amendment” as defined in Section 423 (Protection from Traffic and Density) of Article IV
of the City’s Charter; therefore, they individually and/or collectively require a majority vote
of the electorate.
11. The 6th Cycle Housing Element Implementation must take effect by February of 2025 to
avoid significant penalties authorized under by state law, including but not limited to:
• Increased exposure to public and private litigation;
• Loss of permitting authority;
• Financial penalties, including monthly fines from $10,000 to $100,000;
• Loss of eligibility for state and regional funding sources;
• Court receivership;
• Senate Bill 35 (“SB 35”) streamlined ministerial approval process; and
• Increased exposure to monitoring by the newly formed Housing Accountability Unit
of HCD.
12. SB 35 provides for a “builder’s remedy” that allows developers of affordable housing
projects to bypass the zoning code and general plan of cities that are deemed non-
compliant with State law by effectively ignoring height limits, density limits, and other
regulations that make for thoughtfully planned development. Cities are effectively
prohibited from denying a “builder’s remedy” project except in unique circumstances,
resulting in a loss of local control.
13. A public hearing was held on April 18, 2024, in the Council Chambers at 100 Civic Center
Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with California Government Code Section 54950
et seq. ("Ralph M. Brown Act”) and Chapters 20.62 (Public Hearings) and 21.62 (Public
Hearing) of the NBMC. Evidence, both written and oral, was presented to, and considered
by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. A draft program Environmental Impact Report (State Clearinghouse Number
2023060699) (“DEIR”) has been prepared in compliance with the CEQA set forth in
Public Resources Code Section 21000 et seq., the State CEQA Guidelines set forth in 14
California Code of Regulations Section 15000 et seq., and City Council Policy K-3.
2. The DEIR was circulated for a 46-day comment period beginning on February 12, 2024,
and ending on March 28, 2024. The Environmental Impact Report (“EIR”), which
includes the DEIR, comments, and responses to the comments as of the public hearing
date, is being considered by the Planning Commission in its review of the 6th Cycle
Housing Element Implementation.
3. The Planning Commission finds that the EIR has been prepared and completed in
compliance with CEQA and City Council Policy K-3.
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4. The Planning Commission finds that the EIR reflects the independent judgment and
analysis of the City.
5. The Planning Commission reviewed and considered the information contained in the
EIR prior to forwarding its recommendation on the amendments to the General Plan,
NBMC, and Local Coastal Program.
6. Given the programmatic nature of the EIR, any one site within a focus area that exceeds
a threshold of significance causes the need to explore mitigation for the corresponding
topic area. Accordingly, the EIR discloses significant and unavoidable impacts relating
to aesthetics, air quality, cultural resources, greenhouse gas (“GHG”) emissions, noise
and utilities and service systems and potentially significant environmental impacts
related to geology and soils, tribal cultural resources and wildfire that may directly or
indirectly result from the project but would be reduced to a less than significant level of
impact by the mitigation measures specified in the EIR.
SECTION 3. FINDINGS.
General Plan Amendment
An amendment to the City’s General Plan Land Use Element is a legislative act. Neither Title
20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq.,
set forth any required findings for either approval of such amendments. Notwithstanding the
foregoing, the following amendments to the General Plan Land Use Element will create internal
consistency with the certified 6th Cycle Housing Element:
Findings and Facts in Support of Finding:
1. According to General Plan Implementation Program 1.2, revisions and updates of the
General Plan must be made in accordance with the Vision Statement. While it is being
reviewed as part of the comprehensive General Plan update, as presently written, it is
the City’s intention to be a residential community, balanced with supporting
nonresidential uses, job opportunities, and visitor and recreational services and
amenities. Furthermore, the Vision Statement calls for “a range of housing opportunities
that allows people to live and work in the City.”
2. Implementation Program 1.2 further states that amendments to accommodate the City’s
“fair share” of regional housing demand will be considered in context of these visions
and the goals stipulated by the General Plan. Adoption of the proposed Amendment will
support the 6th Cycle Housing Element adopted in the context of the visions and goals
stipulated by the General Plan.
3. The proposed Amendment, attached to this resolution and incorporated herein, is in full
compliance with the Section 4 of the 6th Cycle Housing Element as presented below:
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6th Cycle Housing Element
Implementation Measures
Amendments in Support of Housing Element’s
Implementation Measures
Housing Goal #1. Provision of adequate sites
to accommodate projected housing unit
growth needs within the following identified
housing opportunity sites:
• Airport Area Environs
• West Newport Mesa
• Newport Center
• Dover/Westcliff
• Banning Ranch
• Coyote Canyon
Housing Goal #2. Quality residential
development and preservation, conservation
and appropriate redevelopment of housing
stock.
Housing Goal #3. A variety of housing types,
designs, and opportunities for all social and
economic segments.
Housing Goal #4. Housing opportunities for
as many renter- and owner-occupied
households as possible in response to the
market demand and RHNA obligations for
housing in the City.
Revised Policies LU 1.1 through LU 1.5 emphasize
the goal of balancing the needs of residents,
business and visitors through the recognition that
Newport Beach is primarily a residential community.
The polices underscore the need to preserve and
enhance residential neighborhoods. The identified
sites direct new housing opportunities outside of
established residential neighborhoods. The
amended Policies ensure the continued recognition
that Newport Beach is primarily a residential
community.
Revised Policies LU 2.2 and LU 2.5 call for
supporting the development of uses that allow the
City to be a complete community and indicate that
harbor and waterfront Uses contribute to the charm
and character of the City and provide needed
support for residents.
Revised Policy 3.3 (Transition of Land Uses) calls
for supporting residential opportunities in West
Newport Mesa; residential infill development along
Balboa Boulevard corridor and facilitating workforce
housing in proximity to jobs, transportation and
services in West Newport Mesa and the Airport
Area; and providing for housing opportunities that
complement nonresidential uses in the Coyote
Canyon Landfill site.
Revised Goal LU 4 Manage growth and change to:
• Support the livability of existing
neighborhoods.
• Support residential opportunities that
accommodate the City’s share of the
Regional Housing Needs Assessment.
• Promote new uses that are complimentary to
already existing neighborhoods and uses.
• Achieve distinct and economically vital
business and employment districts.
• Correlate with supporting infrastructure and
public services.
• Sustain Newport Beach’s natural setting.
The above goal supports Housing Goal #1 as it
accommodates City’s share of RHNA.
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6th Cycle Housing Element
Implementation Measures
Amendments in Support of Housing Element’s
Implementation Measures
Revised Policy LU4.1 (Land Use Diagram) clarifies
that density limits exclude increases allowed through
the application of density bonus laws as stipulated
also by State law.
New Policies 4.4 (Rezoning to Accommodate
Housing Opportunities); 4.5 (Residential Uses and
Residential Densities); 4.6 (Continuation of Existing
Development); and 4.7 (Redevelopment and
Transfer of Development Rights) all support 6th
Cycle Housing Element Implementation Measures.
These policies stipulate that residential opportunities
are to be established as overlay zones which allow
for existing uses to continue. Opportunities for by-
right development, when at least 20 percent or more
of units are affordable to lower-income households,
ensures housing opportunities for all social and
economic segments and ensures streamlined
project review.
Revised Policy LU 5.1.3 (Neighborhood
Identification) calls for the establishment of objective
design and development standards which ensures
Implementation Goals 1 and 2 which stipulate quality
design and variety of housing designs.
Revised Policy LU 6.2.4 (Accessory Dwelling Units
(ADU)) supports and promotes the development of
accessory dwelling units and junior accessory
dwellings. This policy fulfills Implementation Goal #1
that calls for the City to aggressively support and
accommodate the construction of at least 240 ADUs.
Revised Policies LU 6.4.2 (Residential); LU 6.6.2
(Residential Types (West Newport Mesa); LU 6.15.4
(Priority Uses (Airport Area – Mixed-Use Districts
[Subarea C, “MU-H2” designation]); LU 6.15.28
(Priority Uses (Airport Area – Commercial Nodes
]”CG” designation Sub-Area C-part]) and LU 6.15.29
(Priority Uses (Airport Area – Commercial Office
District [“CO-G” designation Sub-Area C—part])
support housing development or redevelopment
within the opportunity sites identified in the Housing
Element.
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Charter Section 423 Analysis
1. Voter approval is required for any major amendment to the Newport Beach General
Plan. A “major amendment” is one that significantly increases the maximum amount of
traffic that allowed uses could generate, or significantly increases allowed density or
intensity. “Significantly increases” means over 100 peak hour trips (traffic), or over 100
dwelling units (density), or over 40,000 square feet of floor area (intensity).
2. The thresholds apply to the total of: 1) Increases resulting from the amendment itself,
plus 2) Eighty percent of the increases resulting from other amendments affecting the
same neighborhood and adopted within the preceding ten years. As the proposed
amendment is considered a major amendment, the proposed amendment will not take
effect if City Council decides to approve the proposed amendment, unless it has been
submitted to the voters and approved by a majority of those voting on it.
3. Should the City not implement the 6th Cycle Housing Element by February 2025, the
City may be considered non-compliant with State Housing Laws and developers of
affordable housing projects will be entitled to have their residential projects approved as
a “builder’s remedy” in accordance with Senate Bill 35 effectively ignoring height limits,
density limits and other regulations designed to ensure development is consistent with
the City’s Vision Statement of the General Plan.
Tribal Consultation
1. Pursuant to Senate Bill 18, the City requested a Sacred Lands File (SLF) search on the
project location from the Native American Heritage Commission (NAHC) on March 5,
2023. On March 22, 2023, the NAHC responded that the findings of the search were
positive and identified 19 Native American tribal representatives to contact for further
information on potential tribal resources. To comply with both the requirements of SB 18
and Assembly Bill 52, the City mailed and emailed notices regarding the proposed
project to all of the listed tribes. The City received a response from only one
representative of the Gabrieleño Band of Mission Indians – Kizh Nation expressing no
concerns on the project given its programmatic nature, but also expressing a desire to
be consulted on future individual projects.
Zoning Code Amendment
An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title
20 itself nor California Government Code Section 65000 et seq., set forth any required findings
for either approval of such amendments. However, Section 20.66.040 of the NBMC requires
the Planning Commission to make and file a report of its findings and recommendations with
the Council.
Findings and Facts in Support of Finding:
1. The Zoning Code is a tool designed to implement the General Plan. Since the 6th Cycle
Housing Element Implementation involves an amendment to the General Plan, it is
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necessary to also amend Title 20 (Planning and Zoning”) to achieve its goals and
policies.
2. The ZCA, attached to this resolution as Exhibits “B” and “C,” and incorporated herein,
including the Housing Opportunity (HO) Overlay Zoning Districts with associated
development standards, and the Multi-Unit Objective Design Standards, are consistent
with the implementation program in the Housing Plan of the Housing Element, as
discussed above under the Findings for the General Plan Amendment. The ZCA will
enable the implementation of the Housing Element’s key objective, which is to
accommodate the development of housing projects to fulfill City’s “fair share” of regional
housing need and demand.
Local Coastal Program Amendment
An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a
legislative act. Neither Title 21 of the NBMC itself nor California Government Code Section
65000 et seq., set forth any required findings for either approval of such amendments.
Findings and Facts in Support of Finding:
1. The 6th Cycle Housing Element includes the Housing Plan, which sets forth programs
and strategies to facilitate and encourage the development of the City’s “fair share” of
regional housing demand. Appendix B of the 6th Cycle Housing Element has identified
several sites to be rezoned with the Housing Overlay (HO) Zoning District. A number of
these sites are within the Coastal Zone. As the Zoning Code needs to be amended to
add the new HO Overlay Zones, and the associated development standards, similarly,
the Local Coastal Program needs to be amended to add the new Overlay Zones along
with the development standards, for properties that are within the Coastal Zone.
2. The proposed amendments, attached to this resolution as Exhibit “D,” and incorporated
herein, fulfill the Housing Plan, as the amendments will facilitate the development of
housing consistent with the 6th Cycle Housing Element as shown below:
6th Cycle Housing Element Implementation
Measures
Amendments to the Local Coastal Policy in
Support of Housing Element’s
Implementation Measures
Housing Goal #1. Provision of adequate sites to
accommodate projected housing unit growth
needs within the following identified housing
opportunity sites:
• Airport Area Environs
• West Newport Mesa
• Dover/Westcliff
• Newport Center
• Banning Ranch
• Coyote Canyon
New Policy LU 2.1.11-1 calls for accommodating
housing opportunities through the adoption of
housing opportunity overlay zoning districts for
the following opportunity sites:
• Airport Environs
• West Newport Mesa
• Newport Center
• Dover/Westcliff
This new policy is consistent with Housing Goal
#1.
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6th Cycle Housing Element Implementation
Measures
Amendments to the Local Coastal Policy in
Support of Housing Element’s
Implementation Measures
Housing Goal #2. Quality residential
development and preservation, conservation and
appropriate redevelopment of housing stock.
Housing Goal #3. A variety of housing types,
designs, and opportunities for all social and
economic segments.
Housing Goal #4. Housing opportunities for as
many renter- and owner-occupied households as
possible in response to the market demand and
RHNA obligations for housing in the City.
New Policies LU 2.1.11-2, LU 2.1.11-3 and LU
2.1.11-4 establish procedures regarding density
limits and clarify that residential opportunities
are in addition to existing uses allowed by the
Coastal Land Use Plan and must be consistent
with applicable overlay or implementation plan
requirements unless modified consistent with
established procedures to grant relief from
standards (e.g. Coastal Modification or Variance
or the application of Density Bonus regulations).
These policies fulfill Housing Goals 1 and 2 as
they set parameters for the overlay zones and
allow for uses permitted by underlying zones.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The above recitals are true and correct and incorporate herein.
2. The Planning Commission declares that despite the potential for significant environmental
effects that cannot be substantially lessened or avoided through the adoption of feasible
mitigation measures or feasible alternatives, there exist certain overriding economic, social
and other considerations for approving the proposed Project.
3. The Planning Commission hereby recommends the City Council certify the Final EIR
(SCH#2023060699) attached as Exhibit “A,” including the forthcoming draft findings.
4. The Planning Commission has read and considered the amendments to the General Plan,
amendments to the Zoning Code, and the Local Coastal Program, as contained in Exhibits
“B” through “E,” as part of the consideration of the adopted 6th Cycle Housing Element
implementation programs and recommends adoption of the General Plan Amendment,
Zoning Code Amendments, and Local Coastal Program Amendment under PA2022-0245.
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF APRIL, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
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BY:_________________________
Curtis Ellmore, Chair
BY:_________________________ Tristan Harris, Secretary
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EXHIBIT “A”
DRAFT ENVIRONMENTAL IMPACT REPORT
EIR (SCH#2023060699), INCLUDING RESPONSES TO COMMENTS AND THE
MITIGATION, MONITORING, AND REPORTING PROGRAM (MMRP)
This Exhibit is attached digitally due to size and is available at www.newportbeachca.gov/CEQA
within the folder entitled “Housing Element Implementation Program EIR (PA2022-0245).”
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EXHIBIT “B”
GENERAL PLAN AMENDMENT
LAND USE ELEMENT
The General Plan Land Use Element would be amended as follows, currently shown in redline-
strikeout format for ease of reference only:
This Exhibit is attached digitally due to size and is available at
https://www.newportbeachca.gov/home/showpublisheddocument/73654/638473094744400000.
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EXHIBIT “C”
TITLE 20 (PLANNING AND ZONING) AMENDMENT
HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS
Chapter 20.28 (Overlay Zoning Districts [MHP, PM, B, H]) of the Newport Beach Municipal Code
(NBMC) would be amended as follows, currently shown in redline-strikeout format for ease of
reference only:
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H)
Sections:
20.28.010 Purposes of Overlay Zoning Districts.
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
20.28.030 Parking Management (PM) Overlay District.
20.28.040 Bluff (B) Overlay District.
20.28.050 Housing Opportunity (HO) Overlay Zoning Districts.
20.28.060 Height (H) Overlay District.
20.28.010 Purposes of Overlay Zoning Districts.
The purposes of the individual overlay zoning districts and the manner in which they are applied are
outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with
Chapter 20.66 (Amendments). All development shall comply with the applicable development
standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided
in this chapter, if any. In situations where an inconsistency occurs between the development standards
of the underlying zoning district and the standards in this chapter, the standards of the overlay district
shall prevail.
A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning District is intended to
establish a mobile home district on parcels of land developed with mobile home parks. The regulations
of this district are designed to maintain and protect mobile home parks in a stable environment with a
desirable residential character.
B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to
provide for areas where parking management plans are appropriate to ensure adequate parking.
C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special
development standards for areas of the City where projects are proposed on identified bluff areas. The
specific areas are identified in Part 8 of this title (Maps).
D. HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay Zoning Districts are intended
to accommodate housing opportunities consistent with the Housing Element’s focus areas and to
ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The
specific areas are identified in Part 8 of this title (Maps).
E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of
increased building height in conjunction with the provision of enhanced project design features and
amenities.
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20.28.050 Housing Opportunity (HO) Overlay Zoning Districts.
A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO)
Overlay Zoning Districts, as identified in Part 8 of this title (Maps – NOTE: Maps largely mirror the
focus areas in Appendix B of the Housing Element and will be posted once available). This includes
the following subareas:
1. HO-1 - Airport Area Environs Area – The Airport Area Environs Area is located north of the
Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport.
2. HO-2 - West Newport Mesa Area – The West Newport Mesa Area is located near the southwest
corner of the City and primarily consists of industrial properties along 16th Street, Production
Place, and 15th Street.
3. HO-3 - Dover-Westcliff Area – The Dover-Westcliff Area includes property on both sides of West
Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included.
4. HO-4 - Newport Center Area – The Newport Center Area is generally bounded by San Joaquin
Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road.
5. HO-5 - Coyote Canyon Area – The Coyote Canyon Area is located on the south side of California
State Route 73, at the junction of Newport Coast Drive.
The above listed are general descriptions of each subarea and additional properties may be included
with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO
area map as an “Opportunity Site”.
6. HO-6 - 5th Cycle Housing Element Sites – Those sites that are identified as 5th Cycle Housing
Element sites on Figure B-5 of the 6th Cycle Housing Element. See subsection 20.28.050(E) for
alternative review process.
B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay
Zoning Districts with exception of HO-6 where only the base zoning standards apply:
1. Any use that is permitted or conditionally permitted in the base zone;
2. Multiple-unit development that meets the density requirements set forth in this section;
3. Mixed-use development that includes a residential component which complies with the
minimum density set forth in this section; and
4. Residential supporting uses such as leasing/sales/property management offices, fitness
facilities, recreation facilities, etc.
C. Subarea Development Standards.
1. Development Standards. The following development standards shall apply to any residential or
mixed-use project permitted pursuant to this section. Unless otherwise modified by this section,
all applicable development standards, including any adopted objective design standards, shall
apply.
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TABLE 2-16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES
Housing Opportunity Subareas
Development Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6
Development Limit
(units)(1)
2,577 1,107 521 2,439 1,530 N/A
Lot Size/Dimension Per Base Zone
Lot area required per
unit (sq. ft.)(2)
Minimum:
2,178 (20
du/ac)
Maximum:
871 (50
du/ac)
Minimum:
2,178 (20 du/ac)
Maximum:
871 (50 du/ac)
Minimum:
2,178 (20
du/ac)
Maximum:
726 (60
du/ac)(10)
All
Standards
Per Base
Zone
Setbacks
Front 0 ft.(3) 10
ft.(3)
10
ft.(3)(4)
0(3) 10 ft.(3)
Rear 0 20 ft. 20 ft. 0 20 ft.
Side 0 (4)
Street Side 0(3) 10
ft.(3)
10 ft.(3) 0 ft.(3) 10 ft.(3)
Height Per Base
Zone unless
otherwise
identified on
the map
65 ft. 65 ft.(6) Per Base
Zone(7)
65 ft.
Building Separation 10 ft.
Floor Area Ratio (FAR) No restriction(8)
Common Open
Space(9)
Minimum 75 square feet/dwelling unit. (The minimum
dimension [length and width] shall be 15 feet.)
Private Open Space(9) 5% of the gross floor area for each unit. (The minimum
dimension [length and width] shall be 6 feet.)
Fencing See Section 20.30.040 (Fences, Hedges, Walls, and
Retaining Walls).
Landscaping See Chapter 20.36 (Landscaping Standards).
Lighting See Section 20.30.070 (Outdoor Lighting).
Outdoor
Storage/Display
See Section 20.48.140 (Outdoor Storage, Display, and
Activities).
Parking See Subsection (D)(3) below and Chapter 20.40 (Off-Street
Parking).
Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur
Radio Facilities).
Signs See Chapter 20.42 (Sign Standards).
(1) Development limits are additional residential development opportunities beyond the base allowances in this Title or
the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units
in the 6th Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO
Overlay Zoning Districts. Furthermore, eligible units are only counted against the development limits when they are
either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each
HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the
City’s Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th
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Cycle Housing Element. Following the City’s Local Coastal Program Amendment, priority for the reserved units will
be given to sites located within the Coastal Zone.
(2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding
density bonus units.
(3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-
way.
(4) Except in the Mixed-Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning
100 feet north of Coast Highway.
(5) The combined total from both sides shall be 15 feet.
(6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1.
(7) “Base Zone” includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and
Ordinance No. 1596).
(8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed-use
developments, the FAR for nonresidential is still applicable.
(9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such
as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children’s
playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed
appropriate by the Community Development Director.
(10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a
maximum of 20 dwelling units.
2. Airport Area Environs Area (HO-1). The following development standards shall only apply to
projects with the Airport Area Environs Area:
a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units
shall meet applicable standards of the Section 10.26.030 (Interior Noise Standards). An
acoustical analysis report, prepared by an acoustical engineer, shall be submitted
describing the acoustical design features of the structure that will satisfy the interior noise
standard. The residential units shall be constructed, and noise attenuated in compliance
with the report.
b. Advanced Air Filtration. The design of all new residential and mixed-use residential
developments shall include advanced air filtration systems to promote cleaner air within
living environments.
c. Notification to Owners and Tenants. A written disclosure statement shall be prepared
prior to sale, lease, or rental of a residential unit within the development. The disclosure
statement shall indicate that the occupants will be living in an urban type of environment
adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher
than a typical suburban residential area. The disclosure statement shall include a written
description of the potential impacts to residents of both the existing environment (e.g.,
noise from planes, commercial activity on the site and vehicles streets) and potential
nuisances based upon the allowed uses in the zoning district. Each and every buyer,
lessee, or renter shall sign the statement acknowledging that they have received, read,
and understand the disclosure statement. A covenant shall also be included within all
deeds, leases or contracts conveying any interest in a residential unit within the
development that requires: (1) the disclosure and notification requirement stated herein;
(2) an acknowledgment by all grantees or lessees that the property is located within an
urban type of environment and that the noise, odor, and outdoor activity levels may be
higher than a typical suburban residential area; and (3) acknowledgment that the
covenant is binding for the benefit and in favor of the City of Newport Beach.
3. West Newport Mesa Area (HO-2). The following development standards shall only apply to
projects with the West Newport Mesa Area:
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a. West Newport Mesa Streetscape Master Plan. Any residential or mixed-use residential
development shall implement applicable components of the adopted West Newport
Mesa Streetscape Master Plan.
4. Coyote Canyon Area (HO-5). The following development standards shall only apply to projects
with the Coyote Canyon Area:
a. Public Park. Any future residential development within this subarea shall include a public
park that is no less than 3.5 acres, in aggregate. As part of the review for the overall
project, the developer shall provide a detailed description of the public park, including
timing, dimensions, and location within the project site.
b. Public Trails. Any future residential development shall include public trails for the entire
subarea that accommodate multiple modes of transit (i.e., walking and bicycling) and
connect to nearby community resources, as well as the existing trail system. As part of
the review for the overall project, the developer shall provide a detailed description of the
trail system, including timing, dimensions, alignment, and location within the project site.
D. General Development Standards. The following development standards shall apply to all projects
within the Housing Opportunity zone, regardless of subarea:
1. Mixed-use developments. All mixed-use developments shall comply with Section 20.48.130
(Standards for Mixed-Use Projects). In addition, a minimum of 50% of the floor area of mixed-
use developments shall be dedicated to residential uses. For purposes of this section, floor area
be defined as all enclosed floor space, but exclude parking garages/spaces, utility areas, and
storage areas that are not directly accessible from the interior of a dwelling unit.
2. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas
that provide vehicle and pedestrian access to the right-of-way.
3. Residential Off-Street Parking Requirements. Residential parking requirements for projects
within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 2-17
below. Parking for all other uses not included in this table shall be provided in accordance with
Chapter 20.40 (Off-Street Parking Requirements) of the NBMC.
TABLE 2-17
RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES
Land Use Subtype Parking Requirement
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Residential
(Rental)
Studio
1 Bedroom
2 Bedrooms
3 Bedrooms
Visitor Parking
1.1 spaces per dwelling unit
1.5 spaces per dwelling unit
1.8 spaces per dwelling unit
2.0 spaces per dwelling unit
0.3 spaces per dwelling unit
Residential
(Ownership)
Studio
1 Bedroom
2 Bedrooms
3 Bedrooms
Visitor Parking
1.4 spaces per dwelling unit
1.8 spaces per dwelling unit
1.8 spaces per dwelling unit
2.0 spaces per dwelling unit
0.3 spaces per dwelling unit
E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or mixed-
use development in the HO Overlay Zones that includes a minimum of 20% of the units reserved for
very-low- and low-income residents shall not require a Site Development Review, but shall require an
affordable housing implementation plan (AHIP) and shall meet all the following criteria:
1. All units designated as affordable to very-low and/or low-income residents shall be subject to a
minimum 30-year affordability covenant;
2. Affordable units shall reflect the range of numbers of bedrooms provided in the residential
development project as a whole, but may be smaller and have different interior finishes and
features than market-rate units;
3. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and
in the quality of construction and exterior design to the market-rate units; and
4. Affordable units shall be dispersed throughout the residential development.
Section 20.48.130 (Mixed-Use Projects) of the NBMC would be amended as follows, currently
shown in redline-strikeout format for ease of reference only:
20.48.130 Mixed-Use Projects.
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This section provides standards and criteria for the development of mixed-use projects. The primary
intent of these standards and criteria is to balance the needs of nonresidential uses for access, visibility,
parking, loading, safety, and economic development with the needs of residential uses for privacy,
security, and relative quiet.
A. Site Development Review Approval Required. Mixed-use projects shall require approval of a site
development review in compliance with Section 20.52.080 (Site Development Reviews).
B. Development Standards. In addition to the development standards provided in this section,
development standards for mixed-use projects are provided in:
1. Table 2-10 (Development Standards for MU-V; MU-MM; MU-DW; and MUCV/15th St.);
2. Table 2-11 (Development Standards for MU-W1 and MU-W2 Mixed-Use Zoning Districts);
3. Table 2-16 (Development Standards for Housing Opportunity Overlay Zones); and
4. Other sections in this Part 4 for specific uses that may be part of the proposed mixed-use
project.
C. Nonresidential Uses Required on Ground-Floor. All (i.e., one hundred (100) percent) of the ground
floor street frontage of mixed-use structures shall be a minimum depth of twenty-five (25) feet and shall
be occupied by retail and other compatible nonresidential uses except:
1. As specified otherwise by Table 2-10 or Table 2-11 in Part 2 of this title (Zoning Districts,
Allowable Land Uses, and Zoning District Standards); or
2. For common/shared building entrances for residences on upper floors.
D. Open Space Areas. Open space areas shall be provided in compliance with Table 2-10 or Table
2-11 in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards).
1. Private Open Space. The private open space areas required for residential dwelling units
(e.g., balconies, decks, porches, etc.) shall be designed to limit intrusion by nonresidents.
2. Common Open Space. The common open space areas required for residential dwelling units
shall be separated from nonresidential uses on the site and shall be sited and designed to limit
intrusion by nonresidents and customers of nonresidential uses. However, the sharing of common
open space may be allowed by the review authority when it is clear that the open space will provide
direct benefit to project residents. Common open space uses may be provided on rooftops for use
only by the project residents.
E. Sound Mitigation. An acoustical analysis report, prepared by an acoustical engineer, shall be
submitted to the Director describing the acoustical design features of the structure that will satisfy the
exterior and interior noise standards. Projects shall be attenuated in compliance with the report. Mixed-
use projects shall comply with the noise standards in Chapter 10.26.
F. Parking, Loading, and Access.
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1. Type and Layout of Parking Facility. Parking facilities shall be physically separated for
nonresidential uses and residential uses, except for residential guest parking. If enclosed parking
is provided for an entire mixed-use complex, separate areas/levels shall be provided for
nonresidential and residential uses with separate building entrances, whenever possible, subject
to confirmation and approval by the review authority.
2. Loading Areas. Loading areas for nonresidential uses shall be located as far away as possible
from residential uses and shall be completely screened from view from the residential portion of
the project and public rights-of-way. Loading areas shall be compatible in architectural design and
details with the overall project. The location and design of loading areas shall mitigate nuisances
from odors when residential uses might be impacted.
3. Site Access Driveways. Separate site access driveways shall be provided, whenever
possible, for nonresidential and residential uses. Site access driveways shall incorporate
distinctive architectural elements, landscape features, and signs to help differentiate access to
nonresidential parking areas from access to residential parking areas.
G. Buffering and Screening. Buffering and screening shall be provided in compliance with
Section 20.30.020 (Buffering and Screening). Mixed-use projects shall locate loading areas, parking
lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the
residential portion of the development to the greatest extent feasible.
H. Notification to Owners and Tenants. Project applicants shall prepare a written disclosure statement
prior to sale, lease, or rental of a residential unit in a mixed-use project or located within a mixed-use
zoning district. The disclosure statement shall indicate that the occupants will be living in an urban type
of environment and that the noise, odor, and outdoor activity levels may be higher than a typical
suburban residential area. The disclosure statement shall include a written description of the potential
impacts to residents of both the existing environment and potential impacts based upon the allowed
uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement
acknowledging that they have received, read, and understand the disclosure statement. The project
applicant shall covenant to include within all deeds, leases or contracts conveying any interest in a
residential unit in a mixed-use project or located within a mixed-use zoning district (1) the disclosure
and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the
property is located within an urban type of environment and that the noise, odor, and outdoor activity
levels may be higher than a typical suburban residential area; and (3) acknowledgment that the
covenant is binding for the benefit and in favor of the City of Newport Beach.
I. Deed Notification. As a condition of project approval for a residential unit in a mixed-use project or
in a mixed-use zoning district, applicants shall record a deed notification with the County Recorder’s
Office, the form and content of which shall be satisfactory to the City Attorney. The deed notification
document shall state that the residential unit is located in a mixed-use project or in a mixed-use zoning
district and that an owner may be subject to impacts, including inconvenience and discomfort, from
lawful activities occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian
activity levels, etc.). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)
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EXHIBIT “D”
TITLE 20 (PLANNING AND ZONING) AMENDMENT
MULTI-UNIT OBJECTIVE DESIGN STANDARDS
Section 20.48.185 (Multi-Unit Objective Design Standards) would be added to Title 20 (Planning
and Zoning) of the NBMC in its entirety, as follows with additional consideration given to
formatting:
20.48.185 Multi-Unit Objective Design Standards
A. Purpose. The purpose of the Objective Design Standards is to ensure the highest possible design
quality and to provide a baseline standard for all new multi-unit development in Newport Beach.
Multi-unit housing proposals must, at a minimum demonstrate compliance with all the standards
contained herein. Proposals not consistent with any of these standards shall be required to seek
approval through a discretionary site development review process as provided by Chapter 20.52.080
Site Development Reviews. Applicants may select Site Development Review to demonstrate that a
project meets or exceeds the intent of the standards in this document by other means. The Objective
Design Standards shall serve as the basis for evaluating proposed deviations; applicants using a
discretionary review process shall refer to the Objective Design Standards to demonstrate how the
proposal meets or exceeds the intent of the Newport Beach Development Code.
B. Intent. The objective design standards are intended to result in quality design of multi- unit residential
and mixed-use development. Review under these standards supports development that builds on
context, contributes to the public realm, and provides high quality and resilient buildings and public
spaces. These standards shall be applied uniformly and without discretion to enhance the built
environment for both affordable and market-rate multi-unit residential development.
C. Applicability. The standards shall be used for review of multi-unit development applications,
including by-right and discretionary applications. The development standards in this subsection shall
apply to residential and mixed-use development projects that include a residential density of a
minimum of 20-30 dwelling units per acre, which is calculated as an average over a project site.
When an applicant elects to deviate from these objective development standards, approval of site
development review by the Planning Commission shall be required in compliance with Chapter
20.52.080. The Planning Commission may waive any of the design and development standards in
this section upon finding that:
1. The strict compliance with the standards is not necessary to achieve the purpose and intent of
this section; and
2. The project possesses compensating design and development features that offset impacts
associated with the modification or waiver of standards.
D. General Standards
1. Multi-unit development orientation shall comply with the following standards:
a. Residential developments with more than 8 buildings shall provide a minimum of two (2)
distinct color schemes. A single-color scheme shall be dedicated to no less than 30 percent
of all residential buildings.
b. Residential developments with 30 or more buildings shall provide a minimum of three (3)
distinct color schemes. The number of buildings in single style shall be no less than 30
percent.
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c. Pedestrian linkages to nearby neighborhoods, schools, parks, commercial projects, and
parking areas shall be provided.
d. Visual interest shall be provided through architectural variety, especially where several new
buildings face streets, such as by using different layouts and/ or architectural features.
Abutting buildings shall have complimentary architectural styles.
e. Except for garage entrances, structured parking shall not be visible from the primary streets
or any public open space, unless treated in an architectural manner subject to the approval
of the Director.
f. Loading docks and service areas on a corner lot must be accessed from the side street.
g. In order to accommodate a minimum of one vehicle entering the facility, controlled entrances
to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back
of sidewalk.
2. Mixed-use buildings orientation shall comply with all the standards mentioned above and the
following standards:
a. Commercial/office unit entrances shall face the street, a parking area, or an interior common
space.
b. Entrances to residential units shall be physically separated from the entrance to the permitted
commercial uses and clearly marked with a physical feature.
Buildings along streets and open space shall provide visual interest by using different form, color, and
materials
E. Orientation
1. Building entries shall face the primary public street with direct pedestrian connections to the
public sidewalks, unless determined to be infeasible due to topographic constraints by the
Director. Pedestrian connections to the public sidewalks shall also be provided to parking areas
and publicly accessible open space. For larger sites with multiple buildings, building entries may
also be oriented to face internal open spaces, paseos, and recreation amenities.
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2. Parking areas, covered and uncovered, shall be screened from public street frontages.
Screening may be accomplished through building placement, landscaping, fencing, or some
combination thereof.
3. For multi-unit projects located across the street from a single family residential zone, parking lot
areas and carports shall not be located along the single-family neighborhood street frontages.
4. Buildings shall be arranged to provide functional common outdoors spaces (such as courtyards,
paseos, or parks) for the use of residents.
Building entries shall face a public street, internal open space, or paseo
F. Parking Standards
1. Parking Lots. Parking shall comply with standards as specified in NBMC Section 20.40.070.
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a. Parking lots shall be placed to the side or rear of buildings. Parking lots shall be connected
to building entrances by means of internal pedestrian walkways.
b. In surface parking lots with 10 or more spaces, a minimum of 14 square feet of landscape
area shall be provided per parking space. Landscaping may be provided in parking lot
planters and/or for perimeter screening.
Parking lots shall be shielded from view from adjoining streets
2. Residential Garages
a. Street-facing garage doors serving individual units that are attached to the structure must
incorporate one or more of the following so that the garage doors are visually recessive and
complementary to other building element:
i. Garage door windows or architectural detailing consistent with the main dwelling.
ii. Arbor or other similar projecting feature above the garage doors.
3. Parking Structures and Loading Bays
a. Parked vehicles at each level within the structure shall be shielded from view from adjoining
streets.
b. The exterior elevations of parking structures shall be designed to minimize the use of blank
concrete facades. This shall be accomplished through the use of decorative textured
concrete, planters or trellises, or other architectural treatments.
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Parking structures shall be shielded from view from adjoining streets
G. Common Open Space
1. Primary common open space located within the required setback areas shall not be counted
towards the common open space requirements.
2. Residential unit entries shall be within a 1/4 mile walking distance of common open space.
3. Pedestrian walkways shall connect the common open space to a public right-of-way or building
entrance.
4. Open space areas shall not be located directly next to arterial streets, service areas, or adjacent
commercial development to ensure they are sheltered from the noise and traffic of adjacent
streets or other incompatible uses. Alternatively, a minimum of ten (10) foot wide, dense
landscaping area shall be provided as screening, but does not count towards the open space
requirement.
5. An area of usable common open space shall not exceed an average grade of ten (10) percent.
The area may include landscaping, walks, recreational facilities, and small decorative objects
such as artwork and fountains.
6. All common open spaces shall include seatings and lighting.
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H.Recreation Amenities
1.The required front yard area shall not be counted toward satisfying the common recreation area
requirement.
2.All play areas shall be located away from high automobile traffic and shall be situated for
maximum visibility from the dwelling units.
3.Senior housing and/or housing for persons with disabilities shall be exempt from the requirement
to provide play areas, but shall provide areas of congregation that encourage physical activity.
4.One common recreational amenity shall be provided for each 50 units or fraction thereof.
Facilities that serve more people could be counted as two amenities. Examples of amenities that
satisfy the recreational requirements include:
a.Clubhouse at a minimum of 750 square feet.
b.Swimming Pool at a minimum of 15x30 feet or equal surface area.
c.Tennis, Basketball or Racquetball court.
d.Children’s playground at a minimum of 600 square feet.
e.Sauna or Jacuzzi.
f.Day Care Facility.
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g. Community garden.
h. Other recreational amenities deemed adequate by the Director.
I. Landscaping. All landscaping shall comply with all standards as specified in Chapter 20.36.
1. A minimum of 8 percent of the total site shall be landscaped. Required setbacks and parking lot
landscaping may be counted toward this requirement.
2. Landscaping materials shall comply with the following:
a. Ground cover instead of grass/turf; and/or
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b. Decorative nonliving landscaping materials including, but not limited to, sand, stone, gravel,
wood or water may be used to satisfy a maximum of 25 percent of the required landscaping
area.
c. Turf areas shall be placed in areas for recreational use only and must have a 10 foot minimum
dimension.
3. Landscaping and irrigation shall follow local and regional requirements and guidance for
approved plant lists to meet the needs of local conditions, where available. For plants and
planting materials addressing water retention areas, recommended resources include the Low
Impact Development Manual for Southern California prepared by the Southern California
Stormwater Monitoring Coalition, State of California Model Water Efficient Landscape Ordinance
(MWELO) or Newport Beach Municipal Code Chapter 14.17 (Water-Efficient Landscaping).
J. Frontage Types and Standards. Frontage is the side of a building facing a public street right-of-way.
1. Storefronts for ground floor commercial in mixed-use projects. A frontage that reinforces the
commercial character and use of the ground floor of the building. The elevation of the ground
floor is located at or near the grade of sidewalk to provide direct public access into the building.
a. The ground floor elevation shall be located at the elevation of the sidewalk to minimize the
need for external steps and ramps at public entrances.
b. Entrance shall be emphasized and clearly recognizable from the street. One or more of the
following methods shall be used to achieve this result:
i. Projecting non-fabric awnings or canopies above an entry (covered entry);
ii. Varied building mass above an entry, such as a tower that protrudes from the rest of the
building surface;
iii. Special corner building entryway treatments, such as a rounded or angled facets on the
corner, or an embedded corner tower, above the entry;
iv. Special architectural elements, such as columns, porticoes, overhanging roofs, and
ornamental light fixtures;
v. Projecting or recessed entries or bays in the facade;
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vi.Recessed entries must feature design elements that call attention to the entrance such
as ridged canopies, contrasting materials, crown molding, decorative trim, or a 45-
degree cut away entry; or
vii.Changes in roofline or articulation in the surface of the subject wall.
c.Windows and/or glass doors shall cover not less than 50% of the first floor elevation along
street frontages.
d.At least 25% of the surface area of each upper floor facade shall be occupied by
windows.
e.Development with retail, commercial, community or public uses on the ground floor shall
have a clear floor to floor height of at least 15 feet. Floor-to-floor height may be reduced on
sloping sites.
f.The minimum height for awnings or marquees is 8 feet above finished grade and the
maximum height for awnings or marquees is 12 feet above finished grade; except as
otherwise required in the Building Code approved by the City.
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2.Live-work/office fronts. A frontage that reinforces both residential and work activities that can
occur in the building. The elevation of the ground floor is located at or near the grade of sidewalk
to provide direct public access to the building.
a.The ground floor elevation shall be located near the elevation of the sidewalk to minimize
the need for external steps and ramps at public entrances.
b.All ground floor tenant spaces that have street frontage shall have entrances on a facade
fronting a street. All other ground floor uses may have a common lobby entrance along the
front facade or private entrances along other facades.
c.Entrances to upper floor units may be provided through a common lobby entrance and/or
by a common entrance along a facade fronting a street.
d.At least 40%of the surface area of the ground floor facade shall be occupied by display
windows or translucent panels.
e.At least 25% of the surface area of each upper floor facade shall be occupied by
windows.
f.The ground floor shall have a clear floor-ceiling height of at least 12 feet.
g.The minimum height for awnings or marquees is 8 feet above finished grade and the
maximum height for awnings or marquees is 12 feet above finished grade; except as
otherwise required in the Building Code approved by the City.
h.If the front facade is set back from the public sidewalk, the setback shall be landscaped
and/or improved as an extension of the public sidewalk.
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3.Residential fronts. A frontage that reinforces the residential character and use of the buildings.
The elevation of the ground floor is typically elevated above the grade of the lot to provide privacy
for residences by preventing direct views into the home from the sidewalk. Applicable to buildings
with no commercial use on the ground floor.
a.Residential frontages reinforce the residential character and use of the building. The ground
floor, and unit entries and/or building lobbies are allowed to be elevated a maximum of 36
inches above the grade of the nearest adjacent public or private sidewalk to provide privacy
for residences by preventing direct views into the home.
i.Garages shall not exceed 40% of the length of the building facade.
ii.Entrances to ground floor units that have street frontage may be provided through a
common lobby entrance and/or by private entrances from the adjacent sidewalk.
iii.Entrances to upper floor units may be provided through a common lobby entrance
and/or by a common entrance along a facade fronting a street.
iv.At least 20% of the surface area of the ground and upper floor facade shall be
occupied by windows.
v.If the front facade is set back from the public sidewalk, the setback shall be landscaped
(excluding stoops/front porches and paved paths to building entrances).
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K.Walls and Fences
1.Community perimeter or theme walls shall be solid decorative block walls.
2.Wall materials shall be brick, slump stone, tile, textured concrete, stucco on masonry, steel
framing, or other material walls which require little or no maintenance. Plain concrete block walls
(i.e. precision block) nor chain link fencing with inserts shall not be used as wall materials.
3.The style of the wall shall be the same or similar to the architectural style of the project.
4.All exterior perimeter walls located along public streets shall have an offset of a minimum of 5
feet deep for every 50 linear feet to 75 linear feet of the wall length, or be screened by a minimum
of 2 feet of landscaping depth.
5.Retaining walls within the front and/or side street setback or visible from the public sidewalk shall
not exceed 4 feet in height and shall provide a minimum of 18 inches deep landscape in front of
the wall.
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L.Utilities
1.All utility equipment shall be located out of the pedestrian path of travel. All utility equipment shall
be purposefully and aesthetically placed adjacent to alleyways, within parking areas, rear or side
yards, or within building “notch outs” and screened from public view.
2.If the mechanical equipment cannot be placed in rear or side yards, it shall be either placed on
the ground and screened with landscape, or placed on the roof and screened with architectural
materials such as roof or parapet consistent with the overall architectural style.
3.Al electrical utility equipment, electrical meters, and junction boxes shall be placed within a utility
room. If a utility room is not feasible, then all utility equipment shall be purposefully designed as
an integral part of the building development, placed adjacent to alleyways, within parking areas,
or within rear or side yards, and screened from public view.
M.Private Street Standards. The intent of Private Street realm standards is to foster a low speed, multi-
modal internal site circulation network. Streets shall provide a limited amount of curbside parking for
visitors, loading, service, and accessible ADA spaces. The streets shall be designed as an amenity
for the site, including surface treatments and landscaping similar in character and quality to any
paseos or common open space.
1.Private Street Right-of-Way. All new multi-unit development sites that provide private streets
shall comply with a minimum width right-of-way standard.
a.When on-street parallel parking is not provided, the right-of-way width shall be 41 feet in
width.
b.When on-street parallel parking is provided, the right-of-way width shall be 50 feet in width.
2.Private Street Zones. Three zones as described below comprise the right-of-way. Variations in
width reflect the presence or absence of on-street parking:
a.Street Zone (SZ). Streets shall be 26-35 feet in width from curb-to-curb designed to provide
motor vehicle and bicycle access. All Police and Fire emergency and maintenance vehicle
access standards shall be met. Parallel curbside parking shall be permitted within roadways.
Angled or head-in parking shall be prohibited.
b.Sidewalk Zone (SWZ). A minimum of one SWZ zone shall be provided when the street is
less than 30 feet in width and two SWZ zone when the street is greater than 30 feet in width.
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The minimum width of a SWZ is 5 feet. Shrubs, ground cover, and street trees are prohibited
in the zone.
c.Landscaping and Paving Zone (LPZ). There shall be a minimum 5-foot Landscaping and
Paving Zone. The zone is intended to provide a transition between the street and private
residences. Landscaping shall comprise a minimum of 20% of the total building
frontage(s) area. Landscape planting beds shall have a minimum width of 3 feet. Paving
stone, brick or concrete unit pavers or poured in place concrete with integral color pigments
is permitted in the Zone. Steps are permitted to above grade first floor entrances.
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N. Private Driveway Standards. The intent of Driveway standards is to provide motor vehicle access to
private garages and service areas, pedestrian access between residential garages and doors, and
private or public street network.
1. Private Driveway Right-of-Way. All private driveways shall comply with a 26-foot minimum width
fire apparatus access standard. No dead-end driveway shall exceed 150 feet in length.
2. Driveway Zones. Two zones described below comprise the driveway:
a. Driveway Zone (DZ). Paving shall be asphalt, stone, brick or concrete unit pavers or
poured in place concrete with integral color pigment. Stamped concrete shall be
prohibited.
b. Landscape and Paving Zone (LPZ). A 4-foot minimum width zone width shall be
provided. The Zone shall be landscaped a minimum of 20 percent of the total site abutting
a building. A combination of vines, ornamental, grasses, shrubs, ground cover, and
ornamental trees shall be provided. Landscaping in pots is permitted.
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O. Publicly Accessible Open Space (PAOS) Standards. PAOS is intended to serve as an amenity for
multi-unit tenant and surrounding neighborhood residents, employees and visitors. The PAOS shall
be configured as passive paseo or promenade mobility corridors that provide walking and biking
connections through or along the development site, or more active courtyard gathering spaces that
can be the focus for adjacent ground floor uses, especially where ground floor commercial is
provided. The PAOS shall be contiguous, universally accessible, and shall be connected directly to
adjacent public realm. Development sites that meet all requirements for providing PAOS, shall
include one of the options as specified.
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Courtyard PAOS
1. Required PAOS. Development sites with a combined street frontage 200 feet or greater in width
and a total development site area of 1 acre or greater shall provide a minimum of 3 percent
PAOS of the net site area. All PAOS shall be in addition to all residential zoning common open
space.
2. Site Area Calculations. The net site area shall be the total site area minus the following:
a. Public Easements. Total area measured between the right-of-way line to the build-to-
line.
b. Utility Easements. The total area required easements for public utilities through the site.
3. PAOS Design Standards.
a. Minimum PAOS width. No paseo, promenade, or courtyard right-of-way shall be no
narrower than 20 feet in width. If incorporated in a development plan, paseos or
promenades shall include an 8-foot minimum width path; all courtyards shall include a
minimum 6-foot minimum width path.
b. Access. All PAOS multi-use path access-ways shall be dedicated as a public easement
subject to restrictions on hours of use.
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Promenade Publicly Accessible Open Space
P. Facade Modulation Standards.
The intent of the standards is to modulate the building’s massing and volume— the external dimensions
comprising of height, length, width, and depth in a manner that results in buildings that are in proportion
to development site context and provides opportunities for applied facade plane and surface architectural
visual interest. All multi-unit dwellings, or multi-unit components of mixed-use buildings shall be
modulated both vertically and horizontally.
Modulation standards are provided for density ranges that correlate with multi-unit building typologies.
Townhome buildings shall adhere to standards for buildings up to 30 dwelling units per acre and
apartment buildings shall follow standards for buildings with greater than 30 dwelling units per acre.
Applicants shall select a set of standards based upon the density of the building. Where development
sites are of sufficient size to accommodate multiple building typologies with varying densities, the
following Design Standards shall apply to each typology separately. Density allocations may be
transferred within a contiguous property.
Q. Vertical Modulation
The intent of the standards is to minimize the perceived height of a building by visually organizing the
facade in a manner that reflects the function of the underlying building floor(s) through the use of varied
yet uniform application of height, form, material, and color articulation.
1. Components. All buildings shall be organized into an identifiable base, middle, and top to
differentiate the first floor and upper function of the building. This tripartite articulation provides
opportunities to create varied application of materials, color, and fenestration. Modern or
contemporary building architecture may be approved at the discretion of the Director.
a. Base. For multi-story buildings, the first floor primary facade shall constitute the building’s
base.
b. Middle. The primary facade… of floor(s) above the base and below the top shall constitute
the middle.
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c. Top. The primary facade of the uppermost floor(s) to the parapet or ridge line of a building
and any facade of a floor(s) that steps back shall constitute the building’s top.
Buildings shall be vertically modulated with a base, middle, and top
Buildings shall be horizontally modulated with recesses or projections
2. Vertical Modulation Changes in Facade Material and/or Color
a. Banding. Use of functional and/or decorative horizontal facade belt course, trim, or other
projections or recesses at floor lines between the base, middle, and top. The projection or
recess shall have a minimum height of 12 inches and a depth of 4 inches.
b. Floor Heights. Change in floor-to-floor facade heights at the second floor or above. No
middle or top floor-to-floor height shall be less than 10 feet.
c. Fenestration. Changes in building window and door widths, heights, depths, materials, and
colors. Changes in trim and inclusion or absence of shutters, mullions, muntins, transoms or
other window components.
d. Cladding Material. Buildings may express vertical modulation by providing a change of
cladding materials to denote base, middle and top. Buildings using cladding material to
provide vertical modulation are not required to provide banding. For buildings one hundred
feet in height, a curtain wall system may be used above the building base.
3. Additional Vertical Modulation Standards
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a. First Floor Height. The minimum fist finished floor to second finished floor plate elevation
shall be:
i. 10 feet – for buildings with density of less than-30 dwelling units per acre.
ii. 12 feet – for buildings with density greater than 30 dwelling units per acre, developed
as residential only.
iii. 15 feet – for buildings with a density greater than 30 dwelling units per acre with
commercial uses on the ground floor.
b. Vertical Variation. Base, middle and top facade divisions shall be consistent with the
underlying floor plate heights.
i. Density of less than 30 dwellings per acre — combining, omitting, increasing or
decreasing the base or middle facade division height along building frontages shall
be prohibited.
ii. Density of greater than 30 dwellings per acre or greater — increasing the base and
decreasing the middle facade division height shall be permitted for any building
facade greater than 60 feet in length. Stepping of plate heights shall be limited to no
more than 1/3 of any total facade frontage length.
Less than 30 Dwelling unit per acre minimum base density buildings (townhome)
30+ Dwelling unit per acre minimum base density buildings (apartment)
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R.Horizontal Modulation
The intent of the standards is to shorten the perceived length and mass of a building by providing
facade recesses and projections that break up the horizontal thrust of a building. The modulation
provides opportunities to accentuate and draw visual attention to key building features such as
stairwells, elevators, lobbies, and entries, and create usable open spaces such as courtyards.
Horizontal modulation is intended to be complemented and strengthened by accompanying
application of different facade materials, color, and fenestration; and layering of additional recessed
and projected architectural elements such as bays, balconies, and patios.
1.Building Standards for Developments with Density of less than 30 dwelling per acre
a.Maximum building length. No building shall be greater than 150 feet in length.
b.Required minimum modulation area. A minimum of 10% of the total facade area shall
be horizontally modulated.
c.Minimum depth. All recesses or projections shall be a minimum of 2-feet in depth.
d.Maximum number. No facade shall have no more than two total recesses or
projections per facade.
2.Building Standards for Development with Density of 30 dwellings per acre or greater.
a.Maximum façade length. Buildings in excess of 200 ft shall have a horizontal massing
break of no less than 20 ft with a depth of 15 ft for every 200 ft of additional overall length.
b.Required minimum modulation area. A minimum…
c.Minimum depth. All recesses of 10% of the total facade area shall be horizontally
modulated.
d.Minimum width. All recesses or projections shall be a minimum of 4-feet in depth.
e.Maximum number. No facade shall shall have no more than four total recesses
or projections per facade.
Less than 30 Dwelling unit per acre minimum base density buildings
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30+ Dwelling unit per acre minimum base density buildings
S.First Floor Opening and Transparency Standards
The standards are intended to foster passive ‘eyes on the street’ surveillance of the public realm by
providing an adequate number of clear and direct sightlines between first floor residences and
adjacent public realm sidewalks and common areas without compromising residential livability,
privacy, and security. For multi-unit buildings with commercial first floor uses, the standards are
intended to provide a greater amount of visibility of merchant goods and services for potential
walking, rolling, or driving-by clients or customers. For all buildings, the standards apply only to
portions of the first floor that contain residential or commercial conditioned/occupied floor areas
fronting streets and open common open space.
1.Building Standards for Developments with Density of less than 30 dwellings per acre.
a.Minimum Opening Standard. First floor multi-unit building frontages shall be
comprised of transparent glazed door and window openings based frontage
adjacency, and first floor use as follows:
i.20% – for any at-grade or above-grade residential first floor unit
fronting a street or paseo.
2.Building Standards for Developments with Density of 30 dwellings per acre or greater
a.Minimum Opening Standard. First floor multi-unit building frontages shall be
comprised of transparent glazed door and window openings based public realm
frontage adjacency and first floor use as follows:
i.25% - for any at-grade or above-grade residential first floor unit
fronting a street or paseo.
ii.50% - for any mixed use multi-unit building with a first floor
commercial use fronting a street, courtyard or paseo and would pertain
to commercial spaces only.
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Less than 30 Dwelling unit per acre minimum base density buildings
30+ Dwelling unit per acre minimum base density buildings
T.First floor Entry Standards
The intent of the standard is to locate building individual unit and lobby entries along street frontages
to foster pedestrian neighborhood access and street-oriented activity. Unobstructed sight lines and
pedestrian access from the public sidewalk shall be provided. The standards do not apply to service
and loading entrances.
1.Individual Residential Unit Entrances
a.Residential Front Door Standards. At-grade or above-grade first floor individual
residential unit’s entrances shall be accessed directly adjacent public realm or common
area unless determined not feasible by the Director or due to site topographic
considerations.
i.Minimum entry to sidewalk width — walkway, ramp, and stairs connecting to the
public sidewalk shall be a minimum of 5 feet in width.
ii.Entry stoop, terrace and patio area — if proposed, entry terraces and patio areas
shall be a minimum of 40 square feet. If proposed, entry stoops shall be a
minimum of 20 square feet excluding any required stairs or ramp area.
2.Lobby Entrances
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a.Standards. Lobby entrances shall be located at-grade, unless determined not feasible
by the Director. Residential and commercial lobby entrances shall be accessed directly
from the adjacent public realm or PAOS.
i.No lobby door setback is required .
ii.Minimum entry sidewalk width – where entries are setback, walkway width
connecting to the sidewalk zone shall be a minimum of 6 feet.
iii.Entry landing area – shall be a minimum of 60 square feet.
iv.Prohibited – lobby entrance primary entries are prohibited from driveways, at-
grade parking lots, parking structures, or alleys unless required due to
topographic conditions.
Individual residential unit front door standards
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Lobby entrances shall be accessed directly from the street
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EXHIBIT “E”
LOCAL COASTAL PROGRAM AMENDMENT
The Coastal Land Use Plan (CLUP) of the City’s Certified Local Coastal Program would be
revised as follows, subject to California Coastal Commission review and approval:
Current Policy Revised Policy
Policy 2.1.2-1
Development in each district and corridor shall adhere
to policies for land use type and density/intensity
contained in Table 2.1.1-1, except as modified in
Sections 2.1.3 to 2.1.8.
Policy 2.1.2-1 (revised)
Development in each district and corridor shall adhere to
policies for land use type and density/intensity contained
in Table 2.1.1-1, except as modified in Sections 2.1.3 to
2.1.8, and 2.1.11.
Policy 2.1.10-1
Land uses and new development in the coastal zone
shall be consistent with the Coastal Land Use Plan
Map and all applicable LCP policies and regulations.
Policy 2.1.10-1 (revised)
Land uses and new development in the coastal zone shall
be consistent with the Coastal Land Use Plan Map and all
applicable LCP policies and regulations, except as
modified by all Policies in the 2.1.11 series.
N/A Policy 2.1.11-1 (new)
Accommodate housing opportunities through the
adoption of housing opportunity overlay coastal zoning
districts or other land use regulatory policy. The following
areas are intended to be consistent with the Housing
Element’s focus areas. Properties within each overlay
coastal zoning district should include, but are not limited
to, sites identified in the Housing Element; however, not
all sites must be included, and other sites may be
identified in the future through rezoning unless precluded
by state law. The City will reserve 25% of allocated
dwelling units within the Coastal Zone until such a time as
the City’s Local Coastal Program has been amended to
allow for housing consistent with the implementation of the
6th Cycle Housing Element. Following the City’s Local
Coastal Program Amendment, priority for the reserved
units will be given to sites located within the Coastal Zone.
The goal is to ensure an adequate number of sites
Citywide to accommodate the City’s allocation of the
Regional Housing Needs Assessment:
▪Airport Environs: the intent is to support a
density between 20 and 50 dwelling units per
gross acre to accommodate up to 2,577 total
dwelling units within the entire area, inclusive of
those properties in the Coastal Zone.
▪West Newport Mesa: the intent is to support a
density between 20 and 50 dwelling units per
gross acre to accommodate up to 1,107 total
dwelling units within the entire area, inclusive of
those properties in the Coastal Zone.
▪Newport Center: the intent is to support a
density between 20 and 50 dwelling units per
gross acre to accommodate up to 2,439 total
dwelling units within the entire area, inclusive of
those properties in the Coastal Zone.
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Current Policy Revised Policy
▪Dover / Westcliff: the intent is to support a
density between 20 and 50 dwelling units per
gross acre to accommodate up to 521 total
dwelling units within the entire area, inclusive of
those properties in the Coastal Zone.
N/A Policy 2.1.11-2 (new)
Residential use of any property included within an
established housing opportunity overlay coastal zoning
district is allowed regardless of and in addition to the
underlying land use category or density limit established
herein. An amendment to the Coastal Land Use Plan is
not required to develop a residential use within an
established housing opportunity zoning overlay coastal
zoning district. The maximum density specified for the
various overlay coastal zoning districts specified in Policy
2.1.11-1 is an average over the entire property or project
site. For example, a portion of a development site may be
developed at a higher density than specified by Policy
2.1.11-1 provided other portions of the site are developed
at lower densities such that the average does not exceed
the maximum. Density calculations and total units do not
include units identified as pipeline units or units permitted
pursuant to State density bonus law.
N/A Policy 2.1.11-3 (new)
Residential opportunities are in addition to existing uses
allowed by the Coastal Land Use Plan. Properties within
the established overlay coastal zones are not required to
be developed for mixed-use or residential. Existing uses
may continue to operate provided they are legally
established and consistent with policies and regulations
related to legal nonconforming uses. The adoption of
housing opportunity overlay coastal zoning districts shall
not affect existing rights to use the property.
N/A Policy 2.1.11-4 (new)
If residential or mixed-use projects pursuant to a housing
opportunity overlay coastal zoning district are developed,
projects shall be consistent with applicable overlay coastal
zoning district or Implementation Plan requirements
unless modified consistent with an established procedure
to grant relief from standards (e.g., Coastal Modification
or Variance, or the application of Density Bonus
regulations).
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Chapter 21.28 (Overlay Coastal Zoning Districts [MHP, PM, B, C, And H]) of Title 21 (Local
Coastal Program Implementation Plan) of the NBMC would be amended as follows, currently
shown in redline-strikeout format for ease of reference only, and subject to California Coastal
Commission review and approval:
Chapter 21.28
OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, ANDH, AND HO)
Sections:
21.28.010 Purposes of Overlay Coastal Zoning Districts.
21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District.
21.28.030 Parking Management (PM) Overlay District.
21.28.040 Bluff (B) Overlay District.
21.28.050 Canyon (C) Overlay District.
21.28.060 Height (H) Overlay District.
21.28.070 Housing Opportunity (HO) Overlay Coastal Zoning Districts.
21.28.010 Purposes of Overlay Coastal Zoning Districts.
The purposes of the individual overlay coastal zoning districts and the manner in which they are applied
are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in
compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable
development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to
the standards provided in this chapter, if any. In situations where an inconsistency occurs between the
development standards of the underlying coastal zoning district and the standards in this chapter, the
standards of the overlay district shall prevail.
A.MHP (Mobile Home Park) Overlay Coastal Zoning District. The MHP Overlay Coastal Zoning
District is intended to establish a mobile home district on parcels of land developed with mobile home
parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable
environment with a desirable residential character.
B.PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to
provide for areas where parking management plans are appropriate to ensure adequate parking.
C.B (Bluff) Overlay Coastal Zoning District. The B Overlay District is intended to establish special
development standards for areas of the City where projects are proposed on identified bluff areas. The
specific areas are identified in Part 8 of this Implementation Plan (Maps).
D.C (Canyon) Overlay Coastal Zoning District. The C Overlay District is intended to establish
development setbacks based on the predominant line of existing development for areas that contain a
segment of the canyon edge of Buck Gully or Morning Canyon. The specific areas are identified in Part
8 of this Implementation Plan (Maps).
E.H (Height) Overlay District. The H Overlay District is intended to establish standards for review of
increased building height in conjunction with the provision of enhanced project design features and
amenities. (Ord. 2021-26 § 4, 2021; Ord. 2016-19 § 9 (Exh. A)(part), 2016)
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F. HO (Housing Opportunity) Overlay Coastal Zoning Districts. The HO Overlay Coastal Zoning
Districts are intended to accommodate housing opportunities consistent with the Housing Element’s
focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment
(RHNA). The specific areas are identified in Part 8 of this title (Maps).
21.28.060 Housing Opportunity (HO) Overlay Coastal Zoning Districts.
A.Applicability. This section applies to properties located in one of the Housing Opportunity (HO)
Overlay Coastal Zoning Districts, as identified in Part 8 of this title. This includes the following
subareas:
1.HO-1 - Airport Area Environs Area – The Airport Area Environs Area is located north of the
Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport.
2.HO-2 - West Newport Mesa Area – The West Newport Mesa Area is located near the southwest
corner of the City and primarily consists of industrial properties along 16th Street, Production
Place, and 15th Street.
3.HO-3 - Dover-Westcliff Area – The Dover-Westcliff Area includes property on both sides of West
Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included.
4.HO-4 - Newport Center Area – The Newport Center Area is generally bounded by San Joaquin
Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road.
The above listed are general descriptions of each subarea and additional properties may be included
with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO
area map as an “Opportunity Site”.
B.Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay
Coastal Zoning Districts:
1.Any use that is permitted or conditionally permitted in the base zone;
2.Multiple-unit development that meets the density requirements set forth in this section;
3.Mixed-use development that includes a residential component which complies with the
minimum density set forth in this section; and
4.Residential supporting uses such as leasing/sales/property management offices, fitness
facilities, recreation facilities, etc.
C.Subarea Development Standards.
1.Development Standards. The following development standards shall apply to any residential or
mixed-use project permitted pursuant to this section. Unless otherwise modified by this section,
all applicable development standards, including any adopted objective design standards, shall
apply.
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TABLE 21.28-1
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES
Housing Opportunity Subareas
Development Feature HO-1 HO-2 HO-3 HO-4
Lot Size/Dimension Per Base Zone
Lot area required per unit
(sq. ft.)1
Minimum:
2,178 (20
du/ac)
Maximum:
871 (50 du/ac)
Minimum:
2,178 (20 du/ac)
Maximum:
871 (50 du/ac)
Setbacks
Front 0 ft.(2) 10 ft.(2) 10 ft.(2)(3) 0(2)
Rear 0 20 ft. 20 ft. 0
Side 0’ (4)
Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft.(2)
Height Per Base Zone
unless
otherwise
identified on
the map
65 ft. 65 ft.(5) Per Base
Zone(6)
Building Separation 10 ft.
Floor Area Ratio (FAR) No restriction(6)
Common Open Space(7) Minimum 75 square feet/dwelling unit. (The minimum dimension
[length and width] shall be 15 feet.)
Private Open Space 5% of the gross floor area for each unit. (The minimum dimension
[length and width] shall be 6 feet.)
Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining
Walls).
Landscaping See Section 21.30.075 (Landscaping) and 21.30.085 (Water
Efficient Landscaping).
Lighting See Section 21.30.070 (Outdoor Lighting).
Parking See Subsection (D)(2) below and Chapter 21.40 (Off-Street
Parking).
Signs See Chapter 21.30.065 (Sign Standards).
(1) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding
density bonus units.
(2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-
way.
(3) Except in the Mixed-Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning
100 feet north of Coast Highway.
(4) The combined total from both sides shall be 15 feet.
(5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1.
(6) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed-use
developments, the FAR for nonresidential is still applicable.
(7) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such
as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children’s
playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed
appropriate by the Community Development Director.
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2. Airport Area Environs Area (HO-1). The following development standards shall only apply to
projects with the Airport Area Environs Area:
a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units
shall meet applicable standards of the Section 10.26.030 (Interior Noise Standards). An
acoustical analysis report, prepared by an acoustical engineer, shall be submitted
describing the acoustical design features of the structure that will satisfy the interior noise
standard. The residential units shall be constructed, and noise attenuated in compliance
with the report.
b. Advanced Air Filtration. The design of all new residential and mixed-use residential
developments shall include advanced air filtration systems to promote cleaner air within
living environments.
c. Notification to Owners and Tenants. A written disclosure statement shall be prepared
prior to sale, lease, or rental of a residential unit within the development. The disclosure
statement shall indicate that the occupants will be living in an urban type of environment
adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher
than a typical suburban residential area. The disclosure statement shall include a written
description of the potential impacts to residents of both the existing environment (e.g.,
noise from planes, commercial activity on the site and vehicles streets) and potential
nuisances based upon the allowed uses in the zoning district. Each and every buyer,
lessee, or renter shall sign the statement acknowledging that they have received, read,
and understand the disclosure statement. A covenant shall also be included within all
deeds, leases or contracts conveying any interest in a residential unit within the
development that requires: (1) the disclosure and notification requirement stated herein;
(2) an acknowledgment by all grantees or lessees that the property is located within an
urban type of environment and that the noise, odor, and outdoor activity levels may be
higher than a typical suburban residential area; and (3) acknowledgment that the
covenant is binding for the benefit and in favor of the City of Newport Beach.
3. West Newport Mesa Area (HO-2). The following development standards shall only apply to
projects with the West Newport Mesa Area:
a. West Newport Mesa Streetscape Master Plan. Any residential or mixed-use residential
development shall implement applicable components of the adopted West Newport
Mesa Streetscape Master Plan.
D. General Development Standards. The following development standards shall apply to all projects
within the Housing Opportunity zone, regardless of subarea:
1. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas
that provide vehicle and pedestrian access to the right-of-way.
2. Residential Off-Street Parking Requirements. Residential parking requirements for projects
within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 21.28-
2 below. Parking for all other uses not included in this table shall be provided in accordance with
Chapter 21.40 (Off-Street Parking Requirements) of the NBMC.
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TABLE 21.28-2
RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES
Land Use Subtype Parking Requirement
Residential
(Rental)
Studio
1 Bedroom
2 Bedrooms
3 Bedrooms
Visitor Parking
1.1 spaces per dwelling unit
1.5 spaces per dwelling unit
1.8 spaces per dwelling unit
2.0 spaces per dwelling unit
0.3 spaces per dwelling unit
Residential
(Ownership)
Studio
1 Bedroom
2 Bedrooms
3 Bedrooms
Visitor Parking
1.4 spaces per dwelling unit
1.8 spaces per dwelling unit
1.8 spaces per dwelling unit
2.0 spaces per dwelling unit
0.3 spaces per dwelling unit
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Attachment No. PC 2
State Housing Law Synopsis
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State Housing Law Synopsis
Overview
The development of residential multi-family projects and mixed-use projects in the City of Newport Beach
is regulated by a variety of documents including the General Plan, Zoning Ordinance, and Planned
Community Development Plans. Following the passage of several California State bills, the City of Newport
Beach is required to adopt objective design standards and streamline its housing development and review
process to ensure high quality design and facilitate the efficient delivery of new residential units.
Several State housing laws rely upon objective standards and emphasize the need for this document. The
following paragraphs summarize the laws, which, when layered together, create the policy context within
which Newport Beach must develop its objective standards.
Senate Bill 35 (SB35), or “Affordable Housing Streamlined Approval Process”, was passed in 2017. SB 35
requires cities and counties to streamline review and approval of eligible affordable housing projects
through a ministerial process, exempting such projects from environmental review under the California
Environmental Quality Act (“CEQA”). This process does not allow public hearings to consider the merits of
the project; rather only design review or public oversight of the development is allowed, which must be
objective and strictly focused on assessing compliance with criteria required for streamlined projects as
well as objective design review of the project.
SB 35 requires the availability of a streamlined ministerial approval process for multifamily residential
developments in jurisdictions that have not yet made sufficient progress toward meeting their Regional
Housing Need Allocation (RHNA) goal for construction of above-moderate income housing and/or housing
for units below 80% Area Median Income (AMI).
As a part of this streamlining process, Newport Beach is required to establish objective design standards
for multifamily residential development. SB 35 defines an objective design standard as one that involves
“no personal or subjective judgment by a public official and is uniformly verifiable by reference to an
external and uniform benchmark or criterion available and knowable by both the development applicant…
and the public official prior to submittal.” Like quantitative development or zoning standards, objective
design standards provide a clear and straight forward application and approval process for multifamily
housing construction.
Projects eligible for SB 35 streamlining include multifamily infill developments with a portion of affordable
units. They must be consistent with underlying zoning and be evidenced to have no human health impacts
or impacts to natural or historical resources.
HHA (Housing Accountability Act) Code Section 65589.5 According to the Housing Accountability Act
(HAA), no “housing development project” can be denied or reduced in density if it complies with objective
general plan, zoning, and design standards, unless it is shown to have a “specific adverse impact” to public
health that cannot mitigated. The amended law states that cities and counties must identify any
inconsistencies with any applicable “plan, program, policy, ordinance, standard, requirement, or similar
provision” within 30 days after an application for 150 units or less has been deemed complete, or within
60 days for projects with more than 150 units. If the local agency does not identify an inconsistency within
the required period, the project will be “deemed consistent.”
77
HAA also states that If the zoning for a project site is inconsistent with the general plan, but the housing
project is consistent with objective general plan standards, the project is considered consistent, and no
rezoning or zoning variance is required.
Unlike SB 35 streamlining legislation, the provisions of the HAA apply to all market rate and affordable
housing projects. These include projects with residential units only, mixed-use developments with at least
2/3 the square footage dedicated to housing and transitional or supportive housing projects.
Senate Bill 330 (SB 330), or “Housing Crisis Act”, was passed in 2019 and was supplemented by AB8 in
2021. It allows a housing developer to submit a “preliminary application” to a local agency for a housing
development project. Submittal of a preliminary application allows a developer to provide a specific subset
of information on the proposed housing development before providing the full amount of information
required by the local government for a housing development application. Upon submittal of a preliminary
application and payment of the permit processing fee, a housing developer is allowed to “freeze” the
applicable fees and development standards that apply to a project while the rest of the material necessary
for a full application submittal is assembled. After an application is deemed complete, local agencies
cannot “disapprove” an eligible housing development project or condition its approval at a “lower density,”
as defined in Government Code Section 65589.5(g), if the project is consistent with objective standards.
SB 330 also places additional limitations on an “affected” agency’s ability to limit development, and
requires HCD to develop a list of cities (“affected cities”) and census designated places (CDPs) within the
unincorporated county (“affected counties”) that are prohibited from taking certain zoning-related
actions, including, among other things:
• Downzoning or actions resulting in lesser intensification
• Imposing a moratorium on development
• Imposing design standards that are not objective
The law also requires replacement housing when a residential development project demolishes existing
housing units. Most of these provisions sunset on January 1, 2030, unless extended by the legislature and
governor.
Senate Bill 6 (SB 6), or The Middle Crisis Housing Act was passed in 2022. It allows residential development
on property zoned for retail and office space without needing a rezoning, and allows project applicants to
invoke the Housing Accountability Act to limit local discretion to deny or condition approval. However, SB
6 does not provide a ministerial approval pathway, and it requires applicants to commit to both prevailing
wage and more costly “skilled and trained workforce” requirements for project labor but does rely on
Objective Design Standards. SB 6 does not contain any affordability requirements.
Assembly Bill (AB 2011), or “The Housing and High Roads Job Act,” was passed in 2022. It creates a
ministerial, California Environmental Quality Act (CEQA)-exempt, time-limited approval process for
multifamily housing developments on commercially zoned property. Projects must pay prevailing wages
to construction workers and meet specified Below Market Rate (BMR) affordable housing targets. The
legislation provides two distinct options: one for 100 percent BMR projects and a second for mixed-income
(typically 15 percent BMR) projects located specifically on “commercial corridors.” Eligibility is further
limited by numerous site and project criteria requiring careful review. The streamlined review process
relies on Objective Design Standards. AB 2011 sunsets in 2033.
78
Attachment No. PC 3
Planning Commission Study Session
Meeting Minutes
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Planning Commission Regular Meeting Minutes September 21, 2023
Page 5 of 7
Associate Planner Perez used a presentation to review a vicinity map, the surrounding land uses, objectives, contents, and analysis of the proposed amendment, staff recommendation, and next steps.
In response to Commissioner Langford’s question, Deputy Director Campbell clarified that review of future development will be consistent with the site development review standards provided in the municipal code. In response to Vice Chair Rosene’s question, Deputy Director Campbell defined the difference between net public area and gross floor area for restaurant uses.
Commissioners reported no ex parte communications except for Chair Ellmore who disclosed a conversation with the applicant. Chair Ellmore opened the public hearing.
Shawna Schaffner, CEO of CAA Planning, noted that the shopping center is currently built out and at the
development limit when outdoor dining patios are included in the definition of gross floor area. She then used a presentation to review the Newport Village Planned Community map, intent of retail area (Section V.), proposed amendment, unchanged components, improved process, and requested action.
In response to Commissioner Langford’s question, Ms. Shaffner thought about 4,000 square feet would be freed up for future use if the resolution passed because patios are included in the current cap.
Chase Gilmore, Vice President of Development for the Irvine Company, stated that of the 4,000 sq. ft. freed
up by the updated definition of gross floor area, approximately, 600 square feet could be used toward the development of additional restaurant space; however, there is no plan to expand any portions of the shopping
center.
Jim Mosher suggested updating Area 3 of the PC text to reflect the current use and commented on the intent for the change to the gross floor area definition and permitted uses, and whether, and the October 25, 2023,
Newport Village environmental impact report (EIR) scoping meeting was related to the shopping center.
Ms. Schaffner stated that the EIR meeting noted by Mr. Mosher is not related to this matter.
Commissioner Langford expressed interest in the shopping center remaining specialty retail and supported the item as presented.
Motion made by Commissioner Langford and seconded by Commissioner Barto to approve the item as
recommended.
AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None VIII. DISCUSSION ITEMS ITEM NO. 5 HOUSING ELEMENT IMPLEMENTATION AMENDMENT Site Location: Citywide Summary: In September 2022, the Newport Beach City Council adopted the General Plan 6th Cycle Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) in October 2022. The certified Housing Element (Housing Element) pledges to rezone new sites for housing to satisfy the 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. The initial site selection is provided in Appendix B of the Housing Element.
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Planning Commission Regular Meeting Minutes September 21, 2023
Page 6 of 7
The City must implement the rezoning policy actions by February 2025, although the City has an additional year for sites in the Coastal Zone. To accomplish this task, the City must update the General Plan Land Use Element to be consistent with the Housing Element and the City must adopt appropriate zoning
regulations to implement the policies. Part of the zoning implementation includes identifying objective design standards for future housing as well as the creation of review procedures that allow certain types of housing by right. This study session will focus on draft Land Use Element policy revisions, draft Housing Opportunity Overlay Zoning Districts, and draft Objective Design Standards.
Recommended Action: 1. Discuss and provide input to staff.
Commissioner Langford recused himself due to parcels identified as housing opportunity sites owned in part by his
employer. Vice Chair Rosene recused himself due to potential financial interests by his employer. Deputy Director Campbell used a presentation to provide a brief background of the Housing Element, housing strategy rezone focus areas, the Housing Element Implementation program, the Land Use Element Update draft, including new
draft Policies 4.2 through 4.8, and draft Housing Opportunities Overlay Zones, and development standards.
Planning Manager Murillo continued the presentation to review the draft objective design standards (ODS), purpose, consultant partners, applicability, history of design review in Newport Beach, design guidelines versus design standards,
ODS approaches and focused topics, and shared three example standards for private streets, publicly accessible open spaces, and horizontal modulation.
Deputy Director Campbell noted that the guidelines touch upon all the standards areas shown in the presentation not just
the three examples highlighted and relayed the next steps of the review process.
Commissioner Barto expressed concern for “creating boxes” that are not economic. In response to his questions, Deputy Director Campbell encouraged a flexible and balanced approach to ODS development, relayed community engagement
and feedback, noted an open mind for suggestions from developers, supported avoiding a prescriptive approach to keep an eclectic look, and mentioned the modern development in the airport area.
In response to Commissioner Salene’s inquiry, Deputy Director Campbell stated that higher densities may be needed to
achieve the affordable housing goals and economic feasibility of projects.
Secretary Harris thanked staff and the volunteer groups for their work on this matter. In response to his question related to draft policy 4.7, Deputy Director Campbell explained the need for consistency with the General Plan designation of the
receiving parcel relative to a potential transfer of development.
In response to Commissioner Lowrey’s inquiry, Deputy Director Campbell stated that the next step is unknown if the vote fails in November 2024. He presented a few possible options and relayed that the State could deem the City out of
compliance without the zoning being place and they could decertify the Housing Element. In response to Chair Ellmore’s question, Deputy Director Campbell confirmed that Policy 4.2 specifies the areas and minimum/maximum dwelling units per acre and clarified that the Regional Housing Needs Assessment (RHNA) mandate
requires the City to provide housing opportunities (zoning) and not development.
Chair Ellmore stated for the record that over restricting ODSs could be problematic when different topography and situations are nonconforming and suggested broadening the ODS to provide for more latitude for atypical sites. Chair Ellmore invited the public to comment. Jim Mosher questioned the public’s awareness of the opportunity to comment on this matter, suggested geographic overlays with housing unit opportunities for all properties, ending access to the additional housing units when and if the City meets the RHNA requirement, and noted challenges following the report.
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Attachment No. PC 4
City Council Study Session Meeting
Minutes
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CITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
February 13, 2024
ROLL CALL - 4:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
Councilmember Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Proclamation Recognizing Nikki Presley Miliband
Mayor O'Neill read the proclamation to recognize Nikki Presley Miliband for her extensive
leadership and receiving the Orange County Bar Association's Franklin G. West Award.
Ms. Miliband thanked the City and expressed gratitude for the recognition.
SS3. Proclamation Recognizing John and Anne Wortmann
Mayor O'Neill read the proclamation to recognize John and Anne Wortmann for being two of the
City's finest examples of helpers in the City.
Mr. and Mrs. Wortmann thanked Council for the recognition.
SS4. Recognition of Newport -Mesa Unified School District High School Students
Mayor O'Neill read the proclamations and presented them to Corona del Mar High School
students Niels Hoffman for tennis, Ava Simos for track, and Melisse Djomby Enyawe for cross
country.
Niels Hoffman thanked Council for the recognition, his family, and the team.
Ava Simons thanked the City, her friends, family, and her coaches.
Melisse Djomby Enyawe thanked Council for the recognition, and her parents and coaches for
their support.
Mayor O'Neill thanked the parents and coaches and wished the athletes the best.
SS5. Housing Element Implementation Program Amendments
Assistant City Manager Jurjis provided an update on the work that has been done since the
Housing Element certification; discussed the Land Use Element, General Plan Update, Zoning
Code Update, objective design standards, and Environmental Impact Report (EIR); and
indicated that Deputy Community Development Director Murillo and Assistant City Attorney
Summerhill are also in attendance to answer questions.
Principal Planner Zdeba utilized a presentation to highlight the background, the reason for the
study session, the draft Land Use Element update, the working draft of the policy matrix, new
policies to support implementation, City Charter Section 423, implementation actions for the
overlay zoning and development standards, objective design standards, horizontal modulation,
and CEQA clearance. He reviewed the next steps and proposed schedule.
Volume 66 - Page 38
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City of Newport Beach
City Council Meeting
February 13, 2024
Assistant City Manager Jurjis emphasized the schedule is tight. Mayor O'Neill agreed but noted
Council's ability to call a special meeting.
Principal Planner Zdeba continued the presentation to review accountability in nearby cities,
announce that documents are available for review at newportbeachca.gov/heimplementation
and newportbeachca.gov/cega and comments are due by 5:00 p.m. on March 28, 2024, and share
the key takeaways and deadlines.
Jim Mosher noted that paper copies of the EIR are at City Hall and all libraries. He stated that
November 5, 2024 will be three years into the current eight -year Regional Housing Needs
Assessment (RHNA) cycle and questioned housing production, did not think there has been
progress in affordable housing development, noted that the airport area is generating less than
10% affordable housing compared to the total housing being approved, suggested that anyone
with similar properties in an overlay district should be eligible for the overlay, and thought there
would be a cap on the number of overlays in the event the City met its RHNA number.
Larry Tucker hoped; tl at.overlays in District 4 at Newport Center are thoughtfully planned and
noted the uniqueness .of the area, relayed that Charter Section 423 does not apply to zoning
changes that are due °in. February2025 to implement the Housing Element, reviewed height
limits and density in Newport Center, and suggested the City and property owners work
together to create a plan.
Nancy Scarbrough suggested developing language regarding the housing development cap for
the community.
Debra Allen Moore thanked Council for recognizing the Newport Center view ordinance from
1958 and expressed support for preserving it.
In response to Mayor O'Neill's question, Assistant City Manager Jurjis agreed to craft more
language in the Land Use Element or Zoning Code to address the cap on housing production.
In response to Councilmember Weigand's question, Assistant City Manager Jurjis expressed an
interest in staying on track with the schedule and engaging with property owners about height
discussions after the November election. Councilmember Weigand thought that Newport Center
is a focal point and needs to be master -planned.
Councilmember. Blom thanked staff, opposed placing caps in the airport area and Newport
Center, supported development where the natural curve exists and protecting neighborhoods,
and thought height: is the only way to be in compliance with the State and constraints add
obstacles to move forward. Additionally, he noted that the City has its own caps with land costs
and willing developers.
Councilmember Kleiman thanked staff.
Councilmember Avery appreciated the work that has been done on this and the residents should
be thankful, and thought the City needs to meet the deadlines. In response to his questions,
Assistant City Manager Jurjis stated there is interest from property owners, projected a
minimum of 20-years for a full build -out, and noted that the Land Use and zoning overlays are
not yet adopted. Councilmember Avery concurred with Mayor Blom's interest in protecting
neighborhoods, expressed concern for the rate of change, and supported the long timeline.
Councilmember Grant summarized her understanding of a Citywide sunset provision once the
RHNA units are met and questioned the approach for capping individual areas. Assistant City
Manager Jurjis relayed the direction from the Housing Committee and Council to accommodate
a maximum number of units for total build -out, excluding density bonus. He stated that staff
will need further direction if Council wants to change the total build -out.
Volume 66 - Page 39 86
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Chair Ellmore and Planning Commissioners
From: Benjamin M. Zdeba, AICP, Principal Planner
Date: April 12, 2024
Re: Item No. 3, Additional Material for Attachment No. PC 1, Exhibit “C”
________________________________________________________________
The draft Housing Opportunity (HO) Overlay Zoning District maps were
inadvertently left out of Attachment No. PC 1, Exhibit “C.” They are enclosed as
part of the memo for the Planning Commission’s consideration.
Enclosure: Draft HO Overlay Zoning District Maps
Planning Commission - April 18, 2024 Item No. 3a - Additional Materials Received Housing Element Implementation Program Amendments (PA2022-0245)
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HO-1 Airport Area Environs Area
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Planning Commission - April 18, 2024 Item No. 3a - Additional Materials Received Housing Element Implementation Program Amendments (PA2022-0245)
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BolsaPark
SunsetView Park
ChannelPlace Park
38thStreetPark
Rhine Wharf Park
NewportIslandPark
GatewayPark
LidoPark
CliffDrivePark
LakeAvePark
SunsetRidge Park
COASTLINE COMMUNITYCOLLEGE - NEWPORTBEACH CENTER
HO-2 West Newport Mesa Area.mxd
0 800400
FeetI
City of Newport BeachGIS DivisionOctober 09, 2023
HO-2 West Newport Mesa Area
DRAFT
Planning Commission - April 18, 2024 Item No. 3a - Additional Materials Received Housing Element Implementation Program Amendments (PA2022-0245)
n
n
n
n
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Cliff DrivePark
LowerCastawaysPark
NewportHeightsElementary
EnsignIntermediateSchool
NewportHarbor HS
HO-3 Dover-Westcliff Area.mxd
0 860430
FeetI
City of Newport BeachGIS DivisionOctober 09, 2023
HO-3 Dover-Westcliff Area
DRAFT
Planning Commission - April 18, 2024 Item No. 3a - Additional Materials Received Housing Element Implementation Program Amendments (PA2022-0245)
n
n
n
n
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Bonita CanyonSports Park
North StarBeach
CivicCenter Park
Harbor ViewNature Park
Eastbluff Park& Boys andGirls Club
San JoaquinHills Park & LawnBowling Center
NewportAquaticCenter
LincolnAthleticCenter
Back BayView Park
BuffaloHills Park
GalaxyView Park
Arroyo Park
IrvineTerracePark
Myrtle Park
Big CanyonPark
Dog Park
Corona DelMar HS
LincolnElementary
EastbluffElementarySchool
Corona Del MarMiddle School
HO-4 Newport Center Area.mxd
0 1,500750
FeetI
City of Newport BeachGIS DivisionOctober 09, 2023
HO-4 Newport Center Area
DRAFT
Planning Commission - April 18, 2024 Item No. 3a - Additional Materials Received Housing Element Implementation Program Amendments (PA2022-0245)
n
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HO-5 Coyote Canyon Area.mxd
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City of Newport BeachGIS DivisionOctober 09, 2023
HO-5 Coyote Canyon Area
DRAFT
Planning Commission - April 18, 2024 Item No. 3a - Additional Materials Received Housing Element Implementation Program Amendments (PA2022-0245)
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Chair Ellmore and Planning Commissioners
From: Jaime Murillo, AICP, Acting Deputy Community Development Director
Date: April 17, 2024
Re: Item No. 3, Additional Materials for Attachment No. PC 1, Exhibit “A”
and Exhibit “D”
________________________________________________________________
Enclosed with this memorandum are the following:
Enclosure No. 1, Reformatted Draft Environmental Impact Report (EIR) Mitigation,
Monitoring, and Reporting Program (MMRP). The content of the MMRP has not
changed; however, it has been reformatted to be clearer and to provide an easier
tracking method between current existing regulatory and policy measures and
mitigation measures.
Enclosure No. 2, Revised Multi-Unit Objective Design Standards (ODS). The ODS
document has been revised with redline-strikeout updates that were identified after
publishing to improve graphic quality, correct identified errors, and provide
clarification.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Enclosure No. 1
Reformatted Draft Environmental Impact
Report (EIR) Mitigation, Monitoring, and
Reporting Program (MMRP)
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
MITIGATION MONITORING AND
REPORTING PROGRAM
THE CITY OF NEWPORT BEACH GENERAL PLAN
HOUSING IMPLEMENTATION PROGRAM
(STATE CLEARINGHOUSE NO. 2023060699)
PA2022-0245
Prepared for City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, California 92660
Prepared by Kimley-Horn and Associates, Inc.
1100 W. Town & Country Road, Suite 700
Orange, California 92868
APRIL 2024
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 1
PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring
and/or reporting procedures for mitigation adopted as conditions of approval in order to mitigate or avoid
significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been
developed to provide a vehicle by which to monitor the Mitigation Program outlined in the City of
Newport Beach General Plan Housing Implementation Program Final Program Environmental Impact
Report (EIR), State Clearinghouse No. 2023060699. The MMRP has been prepared in conformance with
Section 21081.6 of the Public Resources Code. Specifically, Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or
when adopting a mitigated negative declaration pursuant to paragraph (2) of
subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval, adopted in order to mitigate
or avoid significant effects on the environment. The reporting or monitoring
program shall be designed to ensure compliance during project implementation.
For those changes which have been required or incorporated into the project at the
request of a responsible agency or a public agency having jurisdiction by law over
natural resources affected by the project, that agency shall, if so requested by the
lead or responsible agency, prepare and submit a proposed reporting or monitoring
program.
(2) The lead agency shall specify the location and custodian of the documents or other
material which constitute the record of proceedings upon which its decision is
based.
CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or
monitoring program must be designed to ensure compliance during project implementation. The City of
Newport Beach is the Lead Agency for the Project and is therefore responsible for ensuring the
implementation of the MMRP. The MMRP has been drafted to meet the requirements of Public Resources
Code Section 21081.6 as a fully enforceable monitoring program.
BACKGROUND
The Mitigation Program identified in the Program EIR outlines General Plan Policies, Coastal Land Use Plan
Policies, standard conditions of approval, and mitigation measures for which implementation of future
housing development associated with the proposed Project would be consistent with.
The MMRP defines the following for each Mitigation Program element:
▪ Definition. The Mitigation Program element contains the criteria for mitigation, either in the form
of adherence to certain adopted regulations or identification of the steps to be taken in
mitigation.
▪ Time Frame. In each case, a time frame is provided for performance of the mitigation or the
review of evidence that mitigation has taken place. The performance points selected are designed
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 2
to ensure that impact-related components of Project implementation do not proceed without
establishing that the mitigation is implemented or ensured. All activities are subject to the
approval of all required permits from agencies with permitting authority over the specific activity.
▪ Monitoring/Reporting Method. The actions required to ensure the measure is implemented are
noted.
▪ Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would
be the responsible party for implementing the mitigation, and the City Newport Beach or
designated representative would be responsible for monitoring the performance and
implementation of the mitigation measure. To guarantee that the mitigation will not be
inadvertently overlooked, a supervising public official acting as the Designated Representative is
the official who grants the permit or authorization called for in the performance. Where more
than one official is identified, permits or authorization from all officials shall be required.
The last column of the MMRP table will be used by the parties responsible for documenting when
implementation of the measure has been completed. The ongoing documentation and monitoring of
mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and
supplemental documents will be kept on file at the City of Newport Beach Community Development
Department.
The mitigation measures and/or the performance standards of the mitigation measures identified in the
City of Newport Beach General Plan Housing Implementation Program EIR would be implemented as part
of consideration of subsequent projects within the City. Implementation would consist of determining
whether subsequent projects are consistent with the General Plan, utilization of policies and action items
as conditions of approval and/or mitigation measures and any applicable City-initiated planning activities.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 3
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
4.1: Aesthetics
Threshold 4.1-1: Have a
substantial adverse effect on a
scenic vista.
General Plan Land Use (LU) Element Policies: LU 6.5.5 (Banning
Ranch)
General Plan Natural Resources (NR) Element Policies: NR 20.1,
NR 20.2, NR 20.3, NR 20.4, NR 23.1, NR 23.2, NR 23.3
Local Coastal Program Policies: 4.4.1-2, 4.4.1-3, 4.4.1-4, 4.4.1-5,
4.4.1-7, 4.4.3-1
Municipal Code: Chapter 20.30; Chapter 20.52 Section 20.52.080;
Chapter 21.30
No mitigation. - -
Threshold 4.1-2: Conflict with
applicable zoning and other
regulations governing scenic
quality.
General Plan Land Use (LU) Element Policies: LU 3.2, LU 5.1.2, LU
5.1.6, LU 5.1.9 (Not applicable to Newport Center and Airport
Area), LU 5.3.1, LU 5.3.3, LU 5.3.5, LU 5.3.6, LU 5.6.1, LU 6.10.2
(Cannery Village), Policy LU 6.14.4 (Newport Center), LU 6.15.3
(Airport Area), LU 6.15.6 (Airport Area), LU 6.15.22 (Airport Area),
LU 6.15.27 (Airport Area), LU 6.16.6, LU 6.17.3 (West Newport), LU
6.18.3 (West Newport), LU 6.19.7 (Mariners’ Mile), LU 6.19.8
(Mariners’ Mile), LU 6.19.9 (Mariners’ Mile), LU 6.19.12 (Mariners’
Mile)
General Plan Natural Resources (NR) Element Policies: NR 20.3,
NR 21.1, NR 23.6
Local Coastal Program Policies: 4.4.1-8, 4.4.2-4, 4.4.4-1, 4.4.4-6
Municipal Code: Chapter 20.30; Chapter 20.52 Section 20.52.080;
Chapter 21.30; City of Newport Beach Multi-Unit Objective Design
Standards
No mitigation. - -
Threshold 4.1-3: Create a new
source of substantial light or
glare which would adversely
affect day or nighttime views in
the area.
General Plan Land Use (LU) Element Policies: LU 5.6.2, LU 5.6.3
Municipal Code: Chapter 20.30 Section 21.30.070; City of Newport
Beach Multi-Unit Objective Design Standards
Regarding Banning Ranch, consistent with the City of
Newport Beach General Plan Program EIR, there are no
feasible mitigation measures to reduce this impact to a
less than significant level. No mitigation is required for
the other housing sites.
- -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 4
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
4.2: Air Quality
Threshold 4.2-1: Conflict with or
obstruct implementation of the
applicable air quality plan.
General Plan Natural Resources (NR) Element Policies: NR 6.1, NR
6.3, NR 7.1, NR 7.2, NR 8.1
Municipal Code: Chapter 15.19
South Coast Air Quality Management District (SCAQMD) Rules
and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rule
1113, Rule 1120, Rule 1143
There are no feasible mitigation measures to reduce this
impact to a less than significant level.
- -
Threshold 4.2-2: Result in a
cumulatively considerable net
increase of any criteria pollutant
for which the project region is in
nonattainment under an
applicable federal or State
ambient air quality standard.
General Plan Natural Resources (NR) Element Policies: NR 6.1, NR
6.3, NR 7.1, NR 7.2, NR 8.1
Municipal Code: Chapter 15.19
South Coast Air Quality Management District (SCAQMD) Rules
and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rule
1113, Rule 1120, Rule 1143
There are no feasible mitigation measures to reduce this
impact to a less than significant level.
- -
Threshold 4.2-3: Expose
sensitive receptors to
substantial pollutant
concentrations.
General Plan Natural Resources (NR) Element Policies: NR 6.1, NR
6.3, NR 7.1, NR 7.2, NR 8.1
Municipal Code: Chapter 15.19
South Coast Air Quality Management District (SCAQMD) Rules
and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rule
1113, Rule 1120, Rule 1143
Note: There are no feasible mitigation measures to
reduce this impact to a less than significant level. The
following mitigation measure is applicable.
MM AQ-1: A project-specific Health Risk Assessment
shall be conducted for future residential development
proposed within 500 feet of the State Route 73 right-of-
way, pursuant to the recommendations set forth in the
California Air Resources Board (CARB) Air Quality and
Land Use Handbook. The Health Risk Assessment shall
evaluate a project per the following South Coast Air
Quality Management District (SCAQMD) thresholds:
▪ Cancer Risk: Emit carcinogenic or toxic contaminants
that exceed the maximum individual cancer risk of 10
in one million.
▪ Non‐Cancer Risk: Emit toxic contaminants that exceed
the maximum hazard quotient of one in one million.
The SCAQMD has also established non-carcinogenic risk
parameters for use in HRAs. Noncarcinogenic risks are
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Preparation during
development review
process.
City of Newport Beach
Community
Development
Department
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 5
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
quantified by calculating a “hazard index,” expressed as
the ratio between the ambient pollutant concentration
and its toxicity or Reference Exposure Level (REL). An REL
is a concentration at or below which health effects are
not likely to occur. A hazard index less of than one (1.0)
means that adverse health effects are not expected. If
projects are found to exceed the SCAQMD’s Health Risk
Assessment thresholds, mitigation shall be incorporated
to reduce impacts to below SCAQMD thresholds.
Threshold 4.2-4: Result in other
emissions (such as those leading
to odors) adversely affecting a
substantial number of people.
General Plan Natural Resources (NR) Element Policies: NR 7.2, NR
8.1
South Coast Air Quality Management District (SCAQMD) Rules
and Regulations: Rule 402
No mitigation. - -
4.3: Biological Resources
Threshold 4.3-1: Have a
substantial adverse effect,
either directly or through
habitat modifications, on any
species identified as a
candidate, sensitive, or special-
status species in local or
regional plans, policies, or
regulations, or by the CDWG or
USFWS.
General Plan Natural Resources (NR) Element Policies: NR 10.3,
NR 10.4, NR 10.5, NR 10.6, NR 10.7, NR 10.9 (Banning Ranch)
General Plan Safety (S) Element Policies: S 6.3, S 6.4, S 6.5
Local Coastal Program Policies: 4.1.1-13
Municipal Code: Chapter 13.08, 21.30, 21.20B, 21.52
Federal and State Regulatory Requirements determined on
project-specific basis
SC BIO-1: Prior to the commencement of any proposed
actions (e.g., site clearing, demolition, grading) during
the breeding/nesting season (September 1 through
February 15), a qualified biologist shall conduct a
preconstruction survey(s) to identify any active nests in
and adjacent to the project site no more than three days
prior to initiation of the action. Costs associated with the
biologist shall be the responsibility of the project
applicant. If the biologist does not find any active nests
that would be potentially impacted, the proposed action
may proceed. However, if the biologist finds an active
nest within or directly adjacent to the action area (within
100 feet) and determines that the nest may be impacted,
the biologist shall delineate an appropriate buffer zone
around the nest using temporary plastic fencing or other
suitable materials, such as barricade tape and traffic
cones. The buffer zone shall be determined by the
biologist in consultation with applicable resource
agencies and in consideration of species sensitivity and
Prior to the
commencement of
any proposed actions
(e.g., site clearing,
demolition, grading)
during the
breeding/nesting
season (September 1
through February 15)
City of Newport Beach
Community
Development
Department
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 6
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
existing nest site conditions, and in coordination with the
construction contractor. The qualified biologist shall
serve as a construction monitor during those periods
when construction activities occur near active nest areas
to ensure that no inadvertent impacts on these nests
occur. Only specified construction activities (if any)
approved by the qualified biologist shall take place within
the buffer zone until the nest is vacated. At the
discretion of the qualified biologist, activities that may be
prohibited within the buffer zone include but not be
limited to grading and tree clearing. Once the nest is no
longer active and upon final determination by the
biologist, the proposed action may proceed within the
buffer zone.
The qualified biologist shall prepare a survey
report/memorandum summarizing his/her findings and
recommendations of the preconstruction survey. Any
active nests observed during the survey shall be mapped
on a current aerial photograph, including documentation
of GPS coordinates, and included in the survey
report/memorandum. The completed survey
report/memorandum shall be submitted to the City of
Newport Beach Community Development Department
prior to construction-related activities that have the
potential to disturb any active nests during the nesting
season.
MM BIO-1: Applications for future housing development
facilitated by the Project, where the City has determined
a potential for impacts to special-status wildlife and
plants species, shall be required to comply with the
following mitigation framework:
Prior to the issuance of any permit for future
development consistent with the Project, a site-specific
general biological resources survey shall be conducted to
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Submittal during
development review
City of Newport Beach
Community
Development Director
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 7
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
identify the presence of any sensitive biological
resources, including any sensitive plant or wildlife
species. A biological resources report shall be submitted
to the City to document the results of the biological
resources survey. The report shall include (1) the
methods used to determine the presence of sensitive
biological resources; (2) vegetation mapping of all
vegetation communities and/or land cover types; (3) the
locations of any sensitive plant or wildlife species; (4) an
evaluation of the potential for occurrence of any listed,
rare, and narrow endemic species; and (5) an evaluation
of the significance of any potential direct or indirect
impacts from the proposed project. If potentially
significant impacts to sensitive biological resources are
identified, future project site grading and site plans shall
incorporate project design features required by the
applicant to minimize direct impacts on sensitive
biological resources to the extent feasible, and the report
shall also recommend appropriate mitigation to be
implemented by the applicant to reduce the impacts to
below a level of significance. The project design features
shall be submitted to the Community Development
Director or their designee for review and approval.
process; Prior to
issuance of first
permit.
Threshold 4.3-2: Have a
substantial adverse effect on
any riparian habitat or other
sensitive natural community
identified in local or regional
plans, policies, regulations or by
the California Department of
Fish and Wildlife Service or U.S.
Fish and Wildlife Service.
General Plan Natural Resources (NR) Element Policies: NR 10.3,
NR 10.4, NR 10.5, NR 10.6, NR 10.7, NR 10.9 (Banning Ranch)
Local Coastal Program Policies: 4.1.1-13
Municipal Code: Chapter 13.08, 21.30, 21.20B, 21.52
Federal and State Regulatory Requirements determined on
project-specific basis
MM BIO-1 would apply. If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Submittal during
development review
process; Prior to
City of Newport Beach
Community
Development Director
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 8
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
issuance of first
permit.
Threshold 4.3-3: Have a
substantial adverse effect on
State or federally protected
wetlands (including, but not
limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means.
General Plan Natural Resources (NR) Element Policies: NR 10.3,
NR 10.4, NR 10.5, NR 10.6, NR 10.9 (Banning Ranch), NR 13.1, NR
13.2
Local Coastal Program Policies: 2.1.7-2, 2.2.1-2
Municipal Code: Chapter 13.08, 21.30, 21.20B, 21.52
Federal and State Regulatory Requirements determined on
project-specific basis
No mitigation. - -
Threshold 4.3-4: Interfere
substantially with the
movement of any native or
migratory fish or wildlife
species; inhibit established
native resident or migratory fish
or wildlife corridors; or impede
the use of native wildlife
nursery sites.
General Plan Natural Resources (NR) Element Policies: NR 10.3,
NR 10.4, NR 10.9 (Banning Ranch)
Municipal Code: Chapter 7.26
Federal and State Regulatory Requirements determined on
project-specific basis
No mitigation. - -
Threshold 4.3-5: Conflict with
any local policies or ordinances
protecting biological resources,
such as a tree preservation
policy or ordinance.
General Plan Natural Resources (NR) Element Policies: NR 10.3,
NR 10.4, NR 10.5, NR 10.6, NR 10.7, NR 10.9 (Banning Ranch), NR
13.1, NR 13.2
General Plan Safety (S) Element Policies: S 6.3, S 6.4, S 6.5
Local Coastal Program Policies: 2.1.7-2, 2.2.1-2, 2.8.8-1, 2.8.8-2,
2.8.8-4, 4.1.1-2, 4.1.1-3, 4.1.1-6, 4.1.1-13, 4.1.1-17, 4.3-8
No mitigation. - -
Threshold 4.3-6: Conflict with
the provisions of an adopted
Habitat Conservation Plan,
Natural Community
Conservation Plan, or other
approved local, regional, or
State habitat conservation plan.
General Plan Natural Resources (NR) Element Policies: NR 10.3,
NR 10.4
Local Coastal Program Policies: 4.1.1-2, 4.1.1-3, 4.1.1-13, 4.1.1-17,
4.3-8
Municipal Code: Chapter 13.08, 21.30, 21.20B, 21.52
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 9
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
Federal and State Regulatory Requirements determined on
project-specific basis
4.4: Cultural Resources
Threshold 4.4-1: Cause a
substantial adverse change in
the significance of a historical
resource pursuant to Section
15064.5.
General Plan Historical Resources (HR) Element Policies: HR 1.2,
HR 1.4, HR 1.5, HR 1.6, HR 1.7
General Plan Land Use (LU) Element Policies: LU 6.8.6
Local Coastal Program Policies: 4.5.1-1, 4.5.1-2, 4.5.1-4
Municipal Code: Chapter 21.20.105
Newport Beach City Council Policy Manual: Places of Historical
and Architectural Significance (K-2)
Note: There are no feasible mitigation measures to
reduce this impact to a less than significant level. The
following mitigation measure is applicable.
MM CUL-1: Applications for future development
facilitated by the Project, where the City has determined
a potential for impacts to historic resources, shall be
required to comply with the following mitigation
framework:
For any building/structures in excess of 50 years of age
having its original structural integrity intact, the applicant
shall retain a qualified professional historian to
determine whether the affected building/structure is
historically significant. The evaluation of historic
architectural resources shall be based on criteria such as
age, location, context, association with an important
person or event, uniqueness, or structural integrity, as
indicated in State CEQA Guidelines Section 15064.5. A
historical resource report shall be submitted by the
applicant to the City and shall include the methods used
to determine the presence or absence of historical
resources, identify potential impacts from the proposed
project, and evaluate the significance of any historical
resources identified.
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Determination made
during development
review process;
Submittal of report as
part of CEQA review.
Project Applicant
City of Newport Beach
Community
Development Director
Threshold 4.4-2 : Cause a
substantial adverse change in
the significance of an
archaeological resource
pursuant to Section 15064.5.
General Plan Historical Resources (HR) Element Policies: HR 2.1,
HR 2.2, HR 2.3, HR 2.4
General Plan Natural Resources (NR) Element Policies: NR 18.1,
NR 18.3, NR 18.4
SC CUL-1: In compliance with City Council Policy K-5,
prior to the issuance of a grading permit by the City of
Newport Beach, the Applicant shall retain a qualified
archaeologist to periodically monitor ground-disturbing
activities onsite and provide documentation of such
retention to the City of Newport Beach Community
Development Director. The archaeologist shall train
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
City of Newport Beach
Community
Development Director
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 10
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
Local Coastal Program Policies: 4.5.1-1, 4.5.1-2, 4.5.1-3, 4.5.1-4,
4.5.1-5
Municipal Code: Municipal Code: Chapter 21.20.105
Newport Beach City Council Policy Manual: Paleontological and
Archaeological Resource Protection Guidelines (K-5).
project construction workers on the types of
archaeological resources that could be found in site soils.
The archaeologist shall periodically monitor project
ground-disturbing activities. During construction
activities, if Native American resources (i.e., Tribal
Cultural Resources) are encountered, a Cultural Resource
Monitoring and Discovery Plan (CRMDP) shall be created
and implemented to lay out the proposed personnel,
methods, and avoidance/recovery framework for tribal
cultural resources monitoring and evaluation activities
within the project area. A consulting Native American
tribe shall be retained and compensated as a
consultant/monitor for the project site from the time of
discovery to the completion of ground disturbing
activities to monitor grading and excavation activities. If
archaeological resources are encountered, all
construction work within 50 feet of the find shall cease,
and the archaeologist shall assess the find for importance
and whether preservation in place without impacts is
feasible. Construction activities may continue in other
areas. If, in consultation with the City and affected Native
American tribe (as deemed necessary), the discovery is
determined to not be important, work will be permitted
to continue in the area. Any resource that is not Native
American in origin and that cannot be preserved in place
shall be curated at a public, nonprofit institution with a
research interest in the materials, such as the South
Central Coastal Information Center at California State
University, Fullerton.
During the
development review
process; Compliance
with City requirements
for archaeological,
paleontological, and
tribal cultural
resources. Monitoring
during ground
disturbing activities.
MM CUL-2: Prior to any earth-disturbing activities (e.g.,
excavation, trenching, grading) that could encounter
undisturbed soils, the project-level applicant for future
development shall retain an archaeologist who meets
the Secretary of the Interior’s Professional Qualifications
If found to be
applicable on a
project-specific basis
for future housing on
Project Applicant
City of Newport Beach
Community
Development Director
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 11
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
Standards for Archaeology to determine if site-specific
development allowed under the General Plan Update
could result in a substantial adverse change in the
significance of an archaeological resource pursuant to
Section 15064.5 of the CEQA Guidelines. The
investigation shall include, as determined appropriate by
the archaeologist and the City of Newport Beach, an
updated records search of the South Central Coastal
Information Center of the California Historical Resources
Information System, updated Native American
consultation, and a pedestrian survey of the area
proposed for development. The results of the
investigation shall be documented in a technical report
or memorandum that identifies and evaluates any
archaeological resources within the development area
and includes recommendations and methods for
eliminating or avoiding impacts on archaeological
resources or human remains. The measures shall include
as appropriate, subsurface testing of archaeological
resources and/or construction monitoring by a qualified
professional and, if necessary, appropriate Native
American monitors identified by the applicable tribe
and/or the Native American Heritage Commission.
the identified housing
sites.
During the
development review
process; prior to
ground-disturbing
activities. Compliance
with City requirements
for archaeological,
paleontological, and
tribal cultural
resources. Monitoring
during ground
disturbing activities.
Threshold 4.4-3: Disturb any
human remains, including those
interred outsides of dedicated
cemeteries.
General Plan Historical Resources (HR) Element Policies: HR 2.1,
HR 2.2, HR 2.3, HR 2.4
Local Coastal Program Policies: 4.5.1-2
Municipal Code: Municipal Code: Chapter 21.20.105
Newport Beach City Council Policy Manual: Paleontological and
Archaeological Resource Protection Guidelines (K-5).
SC CUL-2: California Health and Safety Code Section
7050.5, CEQA Guidelines Section 15064.5, and Public
Resources Code Section 5097.98 mandate the process to
be followed in the event of an accidental discovery of
any human remains in a location other than a dedicated
cemetery. California Health and Safety Code Section
7050.5 requires that in the event that human remains
are discovered within the project site, disturbance of the
site shall be halted until the coroner has conducted an
investigation into the circumstances, manner and cause
of death, and the recommendations concerning the
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Compliance with
regulatory
requirements during
City of Newport Beach
Community
Development
Department
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 12
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
treatment and disposition of the human remains have
been made to the person responsible for the excavation,
or to his or her authorized representative, in the manner
provided in Section 5097.98 of the Public Resources
Code. If the coroner determines that the remains are not
subject to his or her authority and if the coroner
recognizes or has reason to believe the human remains
to be those of a Native American, he or she shall contact,
by telephone within 24 hours, the Native American
Heritage Commission.
ground disturbing
activities.
4.5: Energy
Threshold 4.5-1: Result in
potentially significant
environmental impact due to
wasteful, inefficient, or
unnecessary consumption of
energy resources, during Project
construction or operation.
General Plan Housing (H) Element Policies: Policy Action 5G
General Plan Land Use (LU) Element Policies: LU 6.15.25
Municipal Code: Chapter 15.18
No mitigation. - -
Threshold 4.5-2: Conflict with or
obstruct a State or Local plan for
renewable energy or energy
efficiency
General Plan Housing (H) Element Policies: Policy Action 5G
General Plan Land Use (LU) Element Policies: LU 6.15.25
No mitigation. - -
4.6: Geology and Soils
Threshold 4.6-1: Expose people
or structures to potential
substantial adverse effects,
including the risk of loss, injury,
or death involving rupture of a
known earthquake fault, as
delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based
General Plan Safety (S) Element Policies: S 4.7
General Plan Natural Resources (NR) Element Policies: NR 3.12
Municipal Code: Title 15, Chapter 15.04
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 13
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
on other substantial evidence of
a known fault.
Threshold 4.6-2: Expose people
or structures to potential
substantial adverse effects,
including the risk of loss, injury,
or death involving strong
seismic ground shaking.
General Plan Safety (S) Element Policies: S 4.7
General Plan Natural Resources (NR) Element Policies: NR 3.12
Municipal Code: Title 15, Chapter 15.04
No mitigation. - -
Threshold 4.6-3 : Directly or
indirectly cause potential
substantial adverse effects,
including the risk of loss, injury,
or death involving seismic-
related ground failure, including
liquefaction, and landslides.
General Plan Safety (S) Element Policies: S 3.9, S 3.10, S 3.11,
S 4.3, S 4.7
General Plan Natural Resources (NR) Element Policies: NR 3.12
Municipal Code: Title 15, Chapter 15.04
No mitigation. - -
Threshold 4.6-4: Result in
substantial soil erosion or the
loss of top soil.
General Plan Safety (S) Element Policies: S 3.9, S 3.10, S 3.11,
S 3.12, S 4.3
General Plan Natural Resources (NR) Element Policies: NR 3.9, NR
3.11, NR 3.12, NR 3.14, NR 3.15, NR 3.19, NR 3.20, NR 4.4
Municipal Code: Title 15, Chapter 15.04
No mitigation. - -
Threshold 4.6-5: Be located on a
geologic unit or soil that is
unstable, or that would become
unstable as a result of the
Project, and potentially result in
on or off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse.
General Plan Safety (S) Element Policies: S 3.9, S 3.10, S 3.11,
S 4.3, S 4.7
General Plan Natural Resources (NR) Element Policies: NR 3.12
Municipal Code: Title 15, Chapter 15.04
No mitigation. - -
Threshold 4.6-6: Be located on
expansive soil, as defined in
Table 18-1-B of the Uniform
Building Code (1994), creating
General Plan Safety (S) Element Policies: S 3.9, S 3.10, S 3.11,
S 4.3
General Plan Natural Resources (NR) Element Policies: NR 3.4,
NR 3.9
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 14
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
substantial direct or indirect
risks to life or property.
Municipal Code: Title 15, Chapter 15.04
Threshold 4.6-7: Directly or
indirectly destroy a unique
paleontological resource or site
or unique geologic feature.
General Plan Historical Resources (HR) Element Policies: HR 2.1,
HR 2.2, HR 2.3, HR 2.4
General Plan Natural Resources (NR) Element Policies: NR 18.1,
NR 18.3, NR 18.4
Local Coastal Program Policies: 4.5.1-2, 4.5.1-5
Municipal Code: Municipal Code: Chapter 21.20.105
Newport Beach City Council Policy Manual: Paleontological and
Archaeological Resource Protection Guidelines (K-5).
4.7: Greenhouse Gas Emissions
Threshold 4.7-1: Generate
greenhouse gas emissions,
either directly or indirectly, that
may have a significant impact
on the environment.
General Plan Natural Resources (NR) Element Policies: NR 6.1,
NR 7.2, NR 8.1
Municipal Code: Chapter 15.19
Note: There are no feasible mitigation measures to
reduce this impact to a less than significant level. The
following mitigation measure is applicable.
MM GHG-1: Prior to demolition, grading, or building
permit approval, and in accordance with SCAQMD’s
guidance, a project-specific Greenhouse Gas Emissions
Assessment shall be prepared for residential
developments that would exceed SCAQMD’s 3,000
MTCO2e proposed threshold of significance (or those in
place at the time of the development application). Future
development shall mitigate GHG emissions to below
SCAQMD’s thresholds of significance to the extent
feasible.
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Submittal during the
development review
process; Prior to
issuance of the first
permit.
City of Newport Beach
Community
Development
Department
Threshold 4.7-2: Conflict with
an applicable plan, policy, or
regulation adopted for the
purpose of reducing the
emissions of greenhouse gas.
General Plan Natural Resources (NR) Element Policies: NR 6.1,
NR 7.2, NR 8.1
Municipal Code: Chapter 15.19
There are no feasible mitigation measures to reduce this
impact to a less than significant level.
- -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 15
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
4.8: Hazards and Hazardous Materials
Threshold 4.8-1: Create a
significant hazard to the public
or the environment through the
routine transport, use, or
disposal of hazardous materials.
General Plan Safety (S) Element Policies: S 7.6
Municipal Code: Chapter 9.04
No mitigation. - -
Threshold 4.8-2: Create a
significant hazard to the public
or the environment through
reasonably foreseeable upset
and accident conditions
involving the release of
hazardous materials into the
environment.
General Plan Safety (S) Element Policies: S 7.6
Municipal Code: Chapter 9.04
No mitigation. - -
Threshold 4.8-3: Emit hazardous
emissions or handle hazardous
or acutely hazardous material,
substances, or waste within
one-quarter mile of an existing
or proposed school.
General Plan Safety (S) Element Policies: S 7.6
Municipal Code: Chapter 2.20, Chapter 9.04
No mitigation. - -
Threshold 4.8-4: Be located on a
site which is included on a list of
hazardous materials sites
compiled pursuant to
Government Code Section
65962.5 and, as a result, would
it create a significant hazard to
the public or the environment.
General Plan Safety (S) Element Policies: S 7.1, S 7.2
Municipal Code: Section 15.55.040 (Methane Overlay Zone)
No mitigation. - -
Threshold 4.8-5: Be located
within an airport land use plan
or, where such a plan has not
been adopted, within two miles
of a public airport or public use
General Plan Safety (S) Element Policies: S 8.6
General Plan Land Use (LU) Element Policies: LU 6.15.3
Municipal Code: Chapter 20.080(F)
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 16
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
airport, would the project result
in a safety hazard or excessive
noise for people residing or
working in the project area
Threshold 4.8-6: Impair
implementation of or physically
interfere with an adopted
emergency response plan or
emergency evacuation plan
General Plan Safety (S) Element Policies: S 7.6
Municipal Code: Chapter 2.20
No mitigation. - -
Threshold 4.8-7: Expose people
or structures to a significant risk
of loss, injury, or death involving
wildland fires, including where
wildlands are adjacent to
urbanized areas or where
residences are intermixed with
wildlands.
General Plan Safety (S) Element Policies: S 6.2, S 6.7, S 6.4, S 6.5
Local Coastal Program Policies: 2.8.8-1, 2.8.8-2, 2.8.8-4
Municipal Code: Chapter 2.20, Chapter 9.04
No mitigation. - -
4.9: Hydrology and Water Quality
Threshold 4.9-1: Violate any
water quality standards or
waste discharge requirements
or otherwise substantially
degrade surface or groundwater
quality.
General Plan Natural Resources (NR) Element Policies: NR 1.1,
NR 3.5, NR 3.7, NR 3.16, NR 4.1, NR 4.3, NR 3.11, NR 3.14, NR 3.15,
NR 3.19
Local Coastal Program Policies: 4.3.2-1, 4.3.2-6, 4.3.2-7, 4.3.2-8,
4.3.2-12, 4.3.2-13, 4.3.2-14, 4.3.2-23
Municipal Code: Chapter 14.36
No mitigation. - -
Threshold 4.9-2: Substantially
decrease groundwater supplies
or interfere substantially with
groundwater recharge such that
the project may impede
sustainable groundwater
management of the basin
General Plan Natural Resources (NR) Element Policies: NR 3.5,
NR 4.1, NR 4.3, NR 3.4, NR 3.11, NR 3.14, NR 3.19, NR 3.20
Local Coastal Program Policies: 4.3.2-6, 4.3.2-9, 4.3.2-12, 4.3.2-13,
4.3.2-15, 4.3.2-17, 4.3.2-24
Municipal Code: Chapter 14.17
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 17
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
Threshold 4.9-3: Substantially
alter the existing drainage
pattern of the site or area,
including through the alteration
of the course of a stream or
river or through the addition of
impervious surfaces, in a
manner which would:
i) result in substantial erosion or
siltation on-or off-site;
ii) increase the rate or amount
of surface runoff in a manner
which would result in flooding
on- or off-site;
iii) create or contribute runoff
water which would exceed the
capacity of existing or planned
storm water drainage systems
or provide substantial additional
sources of polluted runoff; or
iv) impede or redirect flood
flows.
General Plan Natural Resources (NR) Element Policies: NR 1.1,
NR 3.4, NR 3.5, NR 3.9, NR 3.11, NR 3.14, NR 3.19, NR 3.20,NR 4.1,
NR 4.3, NR 4.4
General Plan Safety (S) Element Policies: S 2.7, S 5.1, S 5.3
General Plan Land Use (LU) Element Policies: LU 6.4.10
Local Coastal Program Policies: 4.3.1-5, 4.3.1-7, 4.3.1-8, 4.3.2-1,
4.3.2-2, 4.3.2-6, 4.3.2-7, 4.3.2-8, 4.3.2-9, 4.3.2-10, 4.3.2-11, 4.3.2-
12, 4.3.2-13, 4.3.2-14, 4.3.2-15, 4.3.2-17, 4.3.2-22, 4.3.2-23, 4.3.2-
24
Municipal Code: Chapter 14.36, Chapter 15.50
No mitigation. - -
Threshold 4.9-4: In flood hazard,
tsunami, or seiche zones, risk
release of pollutants due to
Project inundation.
General Plan Safety (S) Element Policies: S 2.7, S 3.9, S 3.10,
S 3.11, S 3.12 S 5.1, S 5.3
General Plan Natural Resources (NR) Element Policies: NR 3.11
Local Coastal Program Policies: 4.3.1-5, 4.3.1-6, 4.3.1-7, 4.3.2-2,
4.3.2-6, 4.3.2-22
Municipal Code: Chapter 14.36, Chapter 15.50
No mitigation. - -
Threshold 4.9-5: Conflict with or
obstruct implementation of a
water quality control plan or
sustainable groundwater
management plan
General Plan Natural Resources (NR) Element Policies: NR 1.1, NR
3.5, NR 3.7, NR 3.16, NR 4.1
Local Coastal Program Policies: 4.3.2-6
Municipal Code: Chapter 14.36, Chapter 15.50
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 18
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
4.10: Land Use and Planning
Threshold 4.10-1: Physically
divide an established
community.
General Plan Land Use (LU) Element Policies: LU 2.3, LU 6.2.1,
LU 6.2.5
Local Coastal Program Policies: 2.2.1-1, 2.2.1-3, 2.7-1
No mitigation. - -
Threshold 4.10-2: Cause a
significant environmental
impact due to a conflict with
any land use plan, policy, or
regulation adopted for the
purpose of avoiding or
mitigating an environmental
effect.
General Plan Land Use (LU) Element Policies: LU 2.3, LU 3.8, LU
6.2.1, LU 6.2.3, LU 6.2.5, LU 6.14.2, LU 3.2, LU 5.1.2, LU 5.3.3, LU
5.6.1, LU 6.15.3
Local Coastal Program Policies: 2.1.1-1, 2.2.1-1, 2.2.1-2, 2.2.1-3,
2.2.2-1, 2.7-1, 2.7-2, 2.7-5
No mitigation. - -
4.11: Noise
Threshold 4.11-1: Result in the
generation of a substantial
temporary or permanent
increase in ambient noise levels
in the vicinity of the project in
excess of standards established
in the local general plan or noise
ordinance, or applicable
standards of other agencies.
General Plan Noise (N) Element Policies: N 1.1, N 1.2, N 1.3, N 1.4,
N 1.5, N 1.6, N 1.7, N 1.8, N 2.1, N 2.2, N 2.3, N 4.1, N 4.6, N 5.1
Municipal Code: Chapter 10.26. Section 10.28.040, Section
20.30.080.C, Section 20.30.080.F (John Wayne Airport)
There are no feasible mitigation measures to reduce this
impact to a less than significant level.
- -
Threshold 4.11-2: Result in the
exposure of persons to or
generation of excessive
groundborne vibration or
groundborne noise levels.
General Plan Noise (N) Element Policies: N 1.1, N 1.2, N 1.3, N 1.4,
N 1.5, N 1.6, N 1.7, N 1.8, N 2.1, N 2.2, N 2.3, N 4.1, N 4.6, N 5.1
Municipal Code: Chapter 10.26. Section 10.28.040, Section
20.30.080.C, Section 20.30.080.F
MM NOI-1: To avoid impacts to vibration sensitive land
uses (i.e., non-engineered timber and masonry buildings)
located within a 50-foot radius of pile driving activities,
prior to demolition, grading, or building permit approval,
the following measures shall be specified on the Project
plans and implemented during construction:
▪ Pile driving within a 50-foot radius of vibration
sensitive land uses shall utilize alternative installation
methods (e.g., pile cushioning, jetting, predrilling, cast-
in-place systems, resonance-free vibratory pile drivers)
such that vibration velocities from the alternative
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
During the
development review
process; Prior to
issuance of the first to
City of Newport Beach
Community
Development Director
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 19
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
construction activity would fall below the 0.2
inch/second threshold.
▪ The preexisting condition of all vibration sensitive land
uses within a 50-foot radius of proposed pile driving
shall be documented during a preconstruction survey.
The preconstruction survey shall determine conditions
that exist before construction begins for use in
evaluating damage caused by pile driving, if any.
Fixtures and finishes susceptible to damage and within
a 50-foot radius of pile driving shall be documented
(photographically and in writing) prior to demolition,
grading, or building permit approval. All damage shall
be repaired/restored to its preexisting condition.
demolition, grading, or
building permit.
Threshold 4.11-3: For a project
located within the vicinity of a
private airstrip or an airport
land use plan or, where such a
plan has not been adopted,
within two miles of a public
airport or public use airport,
would the Project expose
people residing or working in
the project area to excessive
noise levels.
General Plan Noise (N) Element Policies: N 1.2, N 1.5A, N 2.2,
N 3.1, N 3.2
General Plan Land Use (LU) Element Policies: LU 6.15.3
Municipal Code: Chapter 10.26. Section 10.28.040, Section
20.30.080.C, Section 20.30.080.F (John Wayne Airport)
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 20
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
4.12: Population and Housing
Threshold 4.12-1: Induce
substantial population growth in
an area, either directly (for
example, by proposing new
homes and businesses) or
indirectly (for example, through
extension of roads or other
infrastructure)
General Plan Land Use (LU) Element Policies: LU 1.4, LU 3.2, LU
6.2.3
Local Coastal Program Policies: 2.1.1-1, 2.1.10-1, 2.2.1-1, 2.2.1-2,
2.2.1-3, 2.2.2-1, 2.7-1, 2.7-2, 2.7-5
No mitigation. - -
Threshold 4.12-2: Displace
substantial numbers of existing
housing, necessitating the
construction of replacement
housing elsewhere or displace
substantial numbers of people,
necessitating the construction of
replacement housing elsewhere.
General Plan Land Use (LU) Element Policies: LU 1.4, LU 3.2, 6.2.3
Local Coastal Program Policies: 2.1.1-1, 2.1.10-1, 2.2.1-1, 2.2.1-2,
2.2.1-3, 2.2.2-1, 2.7-1, 2.7-2, 2.7-5
No mitigation. - -
4.13: Public Services
Threshold 4.13-1: Result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental facilities,
the construction of which could
cause significant environmental
impacts, in order to maintain
acceptable service ratios,
response times or other
performance objectives for fire
protection.
General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2,
LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1
General Plan Safety (S) Element Policies: S 6.7
Municipal Code: Chapter 3.12, Chapter 9.04
No mitigation. - -
Threshold 4.13-2: Result in
substantial adverse physical
impacts associated with the
General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2,
LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1
General Plan Safety (S) Element Policies: S 6.7
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 21
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
provision of new or physically
altered governmental facilities,
the construction of which could
cause significant environmental
impacts, in order to maintain
acceptable service ratios,
response times or other
performance objectives for
police protection.
Municipal Code: Chapter 3.12
Threshold 4.13-3: Result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental facilities,
the construction of which could
cause significant environmental
impacts, in order to maintain
acceptable service ratios,
response times or other
performance objectives for
schools.
General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2,
LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1
General Plan Safety (S) Element Policies: S 6.7
Municipal Code: Chapter 19.48
No mitigation. - -
Threshold 4.13-4: Result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental facilities,
the construction of which could
cause significant environmental
impacts, in order to maintain
acceptable service ratios,
response times or other
performance objectives for
libraries.
General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2,
LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1
General Plan Safety (S) Element Policies: S 6.7
Municipal Code: Chapter 3.12
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 22
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
4.14: Recreation
Threshold 4.14-1: Increase the
use of existing neighborhood,
community and regional parks or
other recreational facilities such
that substantial physical
deterioration of the facility
would occur or be accelerated
General Plan Recreation (R) Element Policies: R 1.1, R 1.2, R 2.1,
R 2.2
General Plan Land Use (LU) Element Policies: LU 6.5.2, LU 6.15.13,
LU 6.15.16
Local Coastal Program Policies: 3.2.1-3, 3.2.1-4, 3.2.2-3
Municipal Code: Chapter 19.52
No mitigation. - -
Threshold 4.14-2
Include recreational facilities or
require the construction or
expansion of recreational
facilities which might have an
adverse physical effect on the
environment.
General Plan Recreation (R) Element Policies: R 1.1, R 1.2, R 2.1,
R 2.2
General Plan Land Use (LU) Element Policies: LU 6.5.2, LU 6.15.13,
LU 6.15.16
Local Coastal Program Policies: 3.2.1-3, 3.2.1-4, 3.2.2-3
Municipal Code: Chapter 19.52
No mitigation. - -
4.15: Transportation
Threshold 4.15-1: Conflict with a
program, plan, ordinance or
policy addressing the circulation
system, including transit,
roadway, bicycle and pedestrian
facilities.
General Plan Circulation (CE) Element Policies: CE 1.1.1, CE 1.1.2,
CE 2.1.2, CE 2.2.5, CE 2.3.3, CE 5.2.6, CE 5.2.7, CE 5.2.11, CE 5.4.1,
CE 5.4.6, CE 7.1.4, CE 7.1.5, CE 7.1.7, CE 8.1.1, CE 8.1.9, CE 8.1.13,
CE 8.1.14, CE 9.1.9, CE 9.1.10, CE 9.1.12
General Plan Land Use (LU) Element Policies: LU 6.15.18,
LU 6.15.19, LU 6.15.20
Local Coastal Program Policies: 2.9.1-2, 2.9.1-3, 2.9.1-10, 2.9.2-4,
2.9.3-1, 2.9.3-2, 2.9.3-3, 2.9.3-5, 2.9.3-6, 2.9.3-7, 2.9.3-10, 2.9.3-11,
2.9.3-14
Municipal Code: Chapter 15.40, Chapter 20.44
Newport Beach City Council Policy Manual: Traffic Management
Policy (L-26)
No mitigation. - -
Threshold 4.15-2: Conflict or be
inconsistent with CEQA
Guidelines Section 15064.3,
subdivision (b).
General Plan Circulation (CE) Element Policies: CE 7.1.1, CE 7.1.2
Municipal Code: Chapter 20.44
MM TRANS-1: Vehicle Miles Traveled (VMT). Prior to
issuance of a building permit, one or more of the
following measures shall be implemented to reduce VMT-
related impacts associated with future projects that are
If found to be
applicable on a
project-specific basis
for future housing on
City of Newport Beach
Community
Development
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 23
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
Newport Beach City Council Policy Manual: Traffic Management
Policy (L-26)
not able to be screened out of the VMT analysis process
such that the development’s VMT is below the low VMT
thresholds recommended by the Office of Planning and
Research or adopted by the City of Newport Beach at the
time of the development application:
▪ Modify the project’s-built environment characteristics
to reduce VMT generated by a project.
▪ Implement Transportation Demand Management
strategies pursuant to reduce VMT generated by a
project.
▪ Participate in a Fair Share Traffic Impact Fee program
or VMT mitigation banking program, if available.
Examples of potential measures to reduce VMT include,
but are not limited to, the following:
▪ Improve or increase access to transit.
▪ Increase access to common goods and services, such
as groceries, schools, and daycare.
▪ Incorporate affordable housing into the project.
▪ Orient the project toward transit, bicycle, and
pedestrian facilities.
▪ Improve pedestrian or bicycle networks, or transit
service.
▪ Provide traffic calming.
▪ Provide bicycle parking.
▪ Limit or eliminate parking supply.
▪ Unbundle parking costs.
▪ Implement or provide access to a commute reduction
program.
▪ Provide car-sharing, bike sharing, and ride-sharing
programs.
▪ Provide transit passes.
the identified housing
sites in the Coastal
Zone.
Submittal during the
development review
process; Prior to
issuance of the first
permit.
Department and Public
Works Department
Threshold 4.15-3: Increase
hazards due to a geometric
design feature (e.g. sharp curves
or dangerous intersections) or
General Plan Circulation (CE) Element Policies: CE 2.2.5, CE 2.2.7,
CE 2.2.8, CE 5.4.1, CE 5.4.2, CE 8.1.10
Municipal Code: Chapter 9.04
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 24
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
incompatible uses (e.g. farm
equipment)
Threshold 4.15-4: Result in
inadequate emergency access.
General Plan Circulation (CE) Element Policies: CE 2.2.7
Municipal Code: Chapter 9.04
No mitigation. - -
4.16: Tribal Cultural Resources
Threshold 4.16-1: Cause a
substantial adverse change in
the significance of a tribal
cultural resource, defined in
Public Resources Code section
21074 as either a site, feature,
place, cultural landscape that is
geographically defined in terms
of the size and scope of the
landscape, sacred place, or
object with cultural value to a
California Native American tribe,
and that is: a) listed or eligible
for listing in the California
Register of Historical Resources,
or in a local register of historical
resources as defined in Public
Resources Code section
5020.1(k) or b) a resource
determined by the lead agency,
in its discretion and supported
by substantial evidence, to be
significant pursuant to criteria
set forth in subdivision (c) of
Public Resources Code section
5024.1. In applying the criteria
set forth in subdivision (c) of
Public Resources Code section
General Plan Historical Resources (HR) Element Policies: HR 2.1,
HR 2.2, HR 2.3, HR 2.4
General Plan Natural Resources (NR) Element Policies: NR 18.1,
NR 18.3, NR 18.4
Local Coastal Program Policies: 4.5-1, 4.5-2, 4.5-3, 4.5-4, 4.5-5
Municipal Code: Chapter 21.20.105
Newport Beach City Council Policy Manual: Paleontological and
Archaeological Resource Protection Guidelines (K-5).
SC CUL-1: In compliance with City Council Policy K-5,
prior to the issuance of a grading permit by the City of
Newport Beach, the Applicant shall retain a qualified
archaeologist to periodically monitor ground-disturbing
activities onsite and provide documentation of such
retention to the City of Newport Beach Community
Development Director. The archaeologist shall train
project construction workers on the types of
archaeological resources that could be found in site soils.
The archaeologist shall periodically monitor project
ground-disturbing activities. During construction
activities, if Native American resources (i.e., Tribal
Cultural Resources) are encountered, a Cultural Resource
Monitoring and Discovery Plan (CRMDP) shall be created
and implemented to lay out the proposed personnel,
methods, and avoidance/recovery framework for tribal
cultural resources monitoring and evaluation activities
within the project area. A consulting Native American
tribe shall be retained and compensated as a
consultant/monitor for the project site from the time of
discovery to the completion of ground disturbing
activities to monitor grading and excavation activities. If
archaeological resources are encountered, all
construction work within 50 feet of the find shall cease,
and the archaeologist shall assess the find for importance
and whether preservation in place without impacts is
feasible. Construction activities may continue in other
areas. If, in consultation with the City and affected Native
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Determination made
during development
review process;
Submittal of report as
part of CEQA review.
Project Applicant
City of Newport Beach
Community
Development Director
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 25
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
5024.1, the lead agency shall
consider the significance of the
resource to a California Native
American tribe.
American tribe (as deemed necessary), the discovery is
determined to not be important, work will be permitted
to continue in the area. Any resource that is not Native
American in origin and that cannot be preserved in place
shall be curated at a public, nonprofit institution with a
research interest in the materials, such as the South
Central Coastal Information Center at California State
University, Fullerton.
SC CUL-2: California Health and Safety Code Section
7050.5, CEQA Guidelines Section 15064.5, and Public
Resources Code Section 5097.98 mandate the process to
be followed in the event of an accidental discovery of
any human remains in a location other than a dedicated
cemetery. California Health and Safety Code Section
7050.5 requires that in the event that human remains
are discovered within the project site, disturbance of the
site shall be halted until the coroner has conducted an
investigation into the circumstances, manner and cause
of death, and the recommendations concerning the
treatment and disposition of the human remains have
been made to the person responsible for the excavation,
or to his or her authorized representative, in the manner
provided in Section 5097.98 of the Public Resources
Code. If the coroner determines that the remains are not
subject to his or her authority and if the coroner
recognizes or has reason to believe the human remains
to be those of a Native American, he or she shall contact,
by telephone within 24 hours, the Native American
Heritage Commission.
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Compliance with
regulatory
requirements during
ground disturbing
activities.
City of Newport Beach
Community
Development Director
MM TCR-1: Unanticipated Discovery of Tribal Cultural
and Archaeological Resources: Upon discovery of any
tribal, cultural, or archaeological resources during
ground-disturbing activities for future development
facilitated by the Project, the applicant shall immediately
If found to be
applicable on a
project-specific basis
for future housing on
City of Newport Beach
Community
Development
Department
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 26
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
cease such activities in the immediate vicinity. The find
will then be assessed by a qualified archeologist retained
by the applicant and a tribal monitor/consultant
approved by the consulting tribe. The applicant shall
promptly notify the City Planning Division to the
discovery of resources. If the resources are Native
American in origin, the consulting tribe shall coordinate
with the landowner regarding treatment and curation of
these resources. Typically, the tribe will request
preservation in place or recovery for educational
purposes. At the direction of the qualified archaeologist
and tribal monitor/ consultant, and in coordination with
the Planning Division, work may continue on other parts
of the affected site while evaluation and, if necessary,
additional protective measures are completed at the
affected portion of the site pursuant to State CEQA
Guidelines Section 15064.5(f). If a resource is determined
by the qualified archaeologist to constitute a “historical
resource” or “unique archaeological resource,” time and
funding to allow for sufficient implementation of
avoidance measures must be made available. The
treatment plan established for the resources shall be in
accordance with State CEQA Guidelines Section
15064.5(f) for historical resources.
Preservation in place (i.e., avoidance) is the preferred
manner of treatment upon identification of unique
archeological resources (PRC §21083.2(b)). If
preservation in place is not feasible, treatment may
include implementation of archaeological data recovery
excavations to remove the resource along with
subsequent laboratory processing and analysis. All tribal
cultural resources shall be returned to the consulting
tribe. Any historic archaeological material that is not
Native American in origin shall be curated at a public,
non- profit institution with a research interest in the
the identified housing
sites.
During ground-
disturbing and
excavation activities.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 27
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
materials. Acceptance and curation of the historic
archeological materials will be at the discretion of the
institution. If no institution accepts the archaeological
material, they shall be offered to the consulting tribe or
the responsible public or private institution with suitable
repository for educational purposes.
MM TCR-2: If evidence of an archaeological site or other
suspected historical resource as defined by CEQA
Guidelines Section 15064.5, including darkened soil
representing past human activity (“midden”), that could
conceal material remains (e.g., worked stone, fired clay
vessels, faunal bone, hearths, storage pits, or burials) are
discovered during any project-related earth-disturbing
activities (including projects that would not encounter
undisturbed soils), all earth-disturbing activity within 100
feet of the find shall be halted and the Community
Development Department shall be notified. The project-
level applicant shall retain an archaeologist who meets
the U.S. Secretary of the Interior’s Professional
Qualifications Standards for Archaeology to assess the
significance of the find. Impacts to any significant
resources shall be mitigated to a less than significant
level through data recovery or other methods
determined adequate by the archaeologist and that are
consistent with the U.S. Secretary of the Interior's
Standards for Archaeological Documentation. Any
identified cultural resources shall be recorded on the
appropriate DPR 523 form and filed with the appropriate
Information Center.
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
During ground-
disturbing and
excavation activities.
City of Newport Beach
Community
Development
Department
4.17: Utilities
Threshold 4.17-1: Require or
result in the relocation or
construction of new or
General Plan Natural Resources (NR) Element Policies: NR 1.2
Municipal Code: Chapter 21.20.105
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 28
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
expanded water facilities, the
construction of which could
cause significant environmental
effects.
Threshold 4.17-2: Have
sufficient water supplies
available to serve the project
and reasonably foreseeable
future development during
normal, dry and multiple dry
years
General Plan Natural Resources (NR) Element Policies: NR 1.1, NR
1.2
General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2
Municipal Code: Chapter 14.16, Chapter 14.17
There are no feasible mitigation measures to reduce this
impact to a less than significant level.
- -
Threshold 4.17-3: Require or
result in the relocation or
construction of new or
expanded wastewater
treatment facilities, the
construction of which could
cause significant environmental
effects.
General Plan Natural Resources (NR) Element Policies: NR 1.1, NR
1.2, LU 2.8, NR 3.4, NR 3.11, NR 3.15
General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, LU
6.4.10
Municipal Code: Chapter 14.36
No mitigation. - -
Threshold 4.17-4: Result in a
determination by the
wastewater treatment provider
which serves or may serve the
project that it has adequate
capacity to serve the project’s
projected demand in addition to
the provider’s existing
commitments
General Plan Natural Resources (NR) Element Policies: NR 3.11,
NR 3.15
General Plan Land Use (LU) Element Policies: LU 2.8
Municipal Code: Chapter 14.36
No mitigation. - -
Threshold 4.17-5: Require or
result in the relocation or
construction of new or
expanded storm water drainage
facilities, the construction of
General Plan Natural Resources (NR) Element Policies: NR 1.1, NR
1.2, NR 3.4, NR 3.11, NR 3.15
General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, LU
6.4.10
Municipal Code: Chapter 19.28.080, Chapter 21.35
SC UTIL-1: The project shall be required to comply with
the City of Newport Beach Municipal Code Chapter 14.16
related to water conservation and supply level
regulations in effect during the construction and
operation of the project, and Municipal Code Chapter
14.17 with respect to water-efficient landscaping.
Submittal during the
development review
process; Prior to
issuance of the first
permit and first
City of Newport Beach
Community
Development
Department
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 29
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
which could cause significant
environmental effects
Certificate of
Occupancy.
SC UTIL-2: The project shall be required to comply with
Section 19.28.080 (Storm Drains) of the City’s Municipal
Code which requires developers to design and construct
all drainage facilities necessary for the removal of surface
water from the site (e.g., open/closed channels, catch
basins, manholes, junction structures), and to protect
off-site properties from a project’s water runoff. The
storm drain system must be designed in accordance with
the standards of the Orange County Flood Division. A
drainage fee is also charged to fund improvements to the
City’s drainage facilities.
Submittal during the
development review
process; Prior to
issuance of the first
permit and first
Certificate of
Occupancy. Evidence
of payment of fees.
City of Newport Beach
Community
Development
Department
SC UTIL-3: The Applicant shall prepare and obtain
approval of a Construction and Demolition Waste
Management Plan (CDWMD) for the project. The CWMP
shall list the types and weights or volumes of solid waste
materials expected to be generated from construction.
The CDWMP shall include options to divert from landfill
disposal, nonhazardous materials for reuse or recycling
by a minimum of 65 percent of total weight or volume.
Submittal during the
development review
process; Prior to
issuance of the first
permit and first
Certificate of
Occupancy. Evidence
of payment of fees.
City of Newport Beach
Community
Development
Department
Threshold 4.17-6: Require or
result in the relocation or
construction of new or
expanded electric power,
natural gas, or
telecommunication facilities, the
construction of which could
cause significant environmental
effects.
General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2,
LU 6.4.10
Municipal Code: Chapter 20.49, Chapter 21.49
No mitigation. - -
Threshold 4.17-7: Generate
solid waste in excess of State
and local standards, or in excess
of the capacity of local
General Plan Land Use (LU) Element Policies: LU 2.8
Municipal Code: Chapter 12.63.030, Chapter 20.30.120
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 30
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
infrastructure, or otherwise
impair the attainment of solid
waste reduction goals.
Threshold 4.17-8: Comply with
federal, State, and local
management and reduction
statutes and regulations related
to solid waste.
General Plan Land Use (LU) Element Policies: LU 2.8
Municipal Code: Chapter 12.63.030, Chapter 20.30.120
No mitigation. - -
4.18: Wildfire
Threshold 4.18-1: If located in
or near State Responsibility
Areas (SRAs) or lands classified
as Very High Fire Hazard
Severity Zones (VHFHSZ), would
the Project substantially impair
an adopted emergency response
plan or emergency evacuation
plan.
General Plan Safety (S) Element Policies: S 7.6
Local Coastal Program Policies: 2.8.1-2, 2.8.1-3, 2.8.8-3, 2.8.8-4,
2.8.8-6
Municipal Code: Chapter 2.20.050, Chapter 9.04, Chapter 15.04.
MM W-1: Prior to issuance of a grading permit for sites
within or adjacent to a Very High Fire Hazard Safety Zone
(VHFHSZ), the project applicant shall prepare a Fire
Protection Plan (FPP). Prior to preparation of an FPP, the
project applicant hall coordinate with City of Newport
Beach Fire Department to ensure that modeling of the
FPP and design of the Project is appropriate to meet the
requirements and standards of the City. The FPP shall be
subject to the review and approval from the Fire
Department. The FPP shall assess the Project’s
compliance with current regulatory codes and ensure
that impacts resulting from wildland fire hazards have
been adequately mitigated. The FPP shall also specifically
identify the need for fire protection systems, water
availability for structural firefighting, construction
requirements, fire department access, locations and
spacing of fire hydrants, fire-smart landscaping, and
appropriate defensible space around structures (Fuel
Modification Zones).
If found to be
applicable on a
project-specific basis
for future housing on
the identified housing
sites.
Submittal during the
development review
process; prior to
issuance of first permit
and Certificate of
Occupancy.
City of Newport Beach
Community
Development
Department and Fire
Department
Threshold 4.18-2
If located in or near State
Responsibility Areas (SRAs) or
lands classified as Very High Fire
Hazard Severity Zones (VHFHSZ),
General Plan Safety (S) Element Policies: S 6.2, S 6.3, S 6.4, S 6.5
Local Coastal Program Policies: 2.8.1-1, 2.8.1-2, 2.8.1-3, 2.8.8-3,
2.8.8-4, 2.8.8-6
Municipal Code: Chapter 2.20.050, Chapter 9.04, Chapter 15.04.
MM W-1 If found to be
applicable on a
project-specific basis
for future housing on
City of Newport Beach
Community
Development
Department and Fire
Department
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 31
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
would the Project, due to slope,
prevailing winds, and other
factors, exacerbate wildfire risks,
and thereby expose project
occupants to pollutant
concentrations from a wildfire or
the uncontrolled spread of a
wildfire.
the identified housing
sites.
Submittal during the
development review
process; prior to
issuance of first permit
and Certificate of
Occupancy.
Threshold 4.18-3
If located in or near State
Responsibility Areas (SRAs) or
lands classified as Very High Fire
Hazard Severity Zones (VHFHSZ),
would the Project require the
installation or maintenance of
associated infrastructure (such
as roads, fuel breaks, emergency
water sources, power lines or
other utilities) that may
exacerbate fire risk or that may
result in temporary or ongoing
impacts to the environment.
General Plan Safety (S) Element Policies: S 6.2, S 6.3
Local Coastal Program Policies: 2. 2.8.1-3, 2.8.8-1, 2.8.8-2
No mitigation. - -
Threshold 4.18-4
If located in or near State
Responsibility Areas (SRAs) or
lands classified as Very High Fire
Hazard Severity Zones (VHFHSZ),
would the Project expose people
or structures, to significant risks,
including downslope or
downstream flooding or
landslides, as a result of runoff,
post-fire slope instability, or
drainage changes.
General Plan Safety (S) Element Policies: S 6.2
General Plan Land Use (LU) Element Policies: LU 5.6.4
Local Coastal Program Policies: 2.8.8-3, 2.8.8-4
Municipal Code: Chapter 2.20.050, Chapter 9.04, Chapter 15.04
No mitigation. - -
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
City of Newport Beach 32
City of Newport Beach General Plan Housing Implementation Program
Mitigation Monitoring and Reporting Program
Impact Thresholds
General Plan Policies, Local Coastal Program Coastal Land
Use Plan (Local Coastal Program) Policies,
Regulatory Requirements
Mitigation Measures (MM)/Conditions of
Approval
Implementation
Timing
Responsible Party for
Implementation/
Approval
Verification
Date Initials
Notes:
1 Action 5G is referenced from the City of Newport Beach Housing Element.
Acronyms:
The following acronyms denote what element from the City of Newport Beach General Plan policies are referenced from.
LU = Land Use Element
HR = Historical Resources
CE = Circulation Element
R = Recreation Element
NR = Natural Resource Element
S = Safety Element
N = Noise Element
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Enclosure No. 2
Revised Multi-Unit Objective Design
Standards (ODS)
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
20.48.185 Multi-Unit Objective Design Standards
A. Purpose. The purpose of the Objective Design Standards is to ensure the highest possible
design quality and to provide a baseline standard for all new multi-unit development in Newport
Beach. Multi-unit housing proposals must, at a minimum demonstrate compliance with all the
standards contained herein. Proposals not consistent with any of these standards shall be
required to seek approval through a discretionary site development review process as provided
by Chapter 20.52.080 (Site Development Reviews). Applicants may select request Site site
Development development Review review to demonstrate that a project meets or exceeds the
intent of the standards in this document by other means. The Objective Design Standards shall
serve as the basis for evaluating proposed deviations; applicants using a discretionary review
process shall refer to the Objective Design Standards to demonstrate how the proposal meets
or exceeds the intent of the Newport Beach Development Code.
B. Intent. The objective design standards are intended to result in quality design of multi- unit
residential and mixed-use development. Review under these standards supports development
that builds on context, contributes to the public realm, and provides high quality and resilient
buildings and public spaces. These standards shall be applied uniformly and without discretion
to enhance the built environment for both affordable and market-rate multi-unit residential
development.
C. Applicability. The standards shall be used for review of multi-unit development applications,
including by-right and discretionary applications. The development standards in this
subsection shall apply to residential and mixed-use development projects that include a
residential density of a minimum of 20-30 dwelling units per acre, which is calculated as an
average over a project site. When an applicant elects to deviate from these objective
development standards, approval of site development review by the Planning Commission
shall be required in compliance with Chapter 20.52.080. The Planning Commission may waive
any of the design and development standards in this section upon finding that:
1. The strict compliance with the standards is not necessary to achieve the purpose and
intent of this section; and
2. The project possesses compensating design and development features that offset impacts
associated with the modification or waiver of standards.
D. General Standards
1. Multi-unit development orientation shall comply with the following standards:
a. Residential developments with more than 8 buildings shall provide a minimum of two
(2) distinct color schemes. A single-color scheme shall be dedicated to no less than 30
percent of all residential buildings.
b. Residential developments with 30 or more buildings shall provide a minimum of three
(3) distinct color schemes. The number of buildings in single style shall be no less than
30 percent.
c. Pedestrian linkages to nearby neighborhoods, schools, parks, commercial projects,
and parking areas shall be provided.
d. Visual interest shall be provided through architectural variety, especially where several
new buildings face streets, such as by using different layouts and/ or architectural
features. Abutting buildings shall have complimentary architectural styles.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
e. Except for garage entrances, structured parking shall not be visible from the primary
streets or any public open space, unless treated in an architectural manner subject to
the approval of the Director.
f. Loading docks and service areas on a corner lot must be accessed from the side street.
g. In order to accommodate a minimum of one vehicle entering the facility, controlled
entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet
from the back of sidewalk.
2. Mixed-use buildings orientation shall comply with all the standards mentioned above and
the following standards:
a. Commercial/office unit entrances shall face the street, a parking area, or an interior
common space.
b. Entrances to residential units shall be physically separated from the entrance to the
permitted commercial uses and clearly marked with a physical feature.
Buildings along streets and open space shall provide visual interest by using different form, color, and
materials
E. Orientation
1. Building entries shall face the primary public street with direct pedestrian connections to
the public sidewalks, unless determined to be infeasible due to topographic constraints by
the Director. Pedestrian connections to the public sidewalks shall also be provided to
parking areas and publicly accessible open space. For larger sites with multiple buildings,
building entries may also be oriented to face internal open spaces, paseos, and recreation
amenities.
2. Parking areas, covered and uncovered, shall be screened from public street frontages.
Screening may be accomplished through building placement, landscaping, fencing, or
some combination thereof.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
3. For multi-unit projects located across the street from a single-unit family residential
zonezoning district, parking lot areas and carports shall not be located along the single-
family unit neighborhood street frontages.
4. Buildings shall be arranged to provide functional common outdoors spaces (such as
courtyards, paseos, or parks) for the use of residents.
Building entries shall face a public street, internal open space, or paseo
F. Parking Standards
1. Parking Lots. Parking shall comply with standards as specified in NBMC Section
20.40.070.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
a. Parking lots shall be placed to the side or rear of buildings. Parking lots shall be
connected to building entrances by means of internal pedestrian walkways.
b. In surface parking lots with 10 or more spaces, a minimum of 14 square feet of
landscape area shall be provided per parking space. Landscaping may be provided in
parking lot planters and/or for perimeter screening.
Parking lots shall be shielded from view from adjoining streets
2. Residential Garages
a. Street-facing garage doors serving individual units that are attached to the structure
must incorporate one or more of the following so that the garage doors are visually
recessive and complementary to other building element:
i. Garage door windows or architectural detailing consistent with the main dwelling.
ii. Arbor or other similar projecting feature above the garage doors.
3. Parking Structures and Loading Bays
a. Parked vehicles at each level within the structure shall be shielded from view from
adjoining streets.
b. The exterior elevations of parking structures shall be designed to minimize the use of
blank concrete facades. This shall be accomplished through the use of decorative
textured concrete, planters or trellises, or other architectural treatments.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Parking structures shall be shielded from view from adjoining streets
G. Common Open Space
1. Primary common open space located within the required setback areas shall not be
counted towards the common open space requirements.The required front yard area shall
not be counted toward satisfying the common recreation area requirement.
2. Residential unit entries shall be within a 1/4 mile walking distance of common open space.
3. Pedestrian walkways shall connect the common open space to a public right-of-way or
building entrance.
4. Open space areas shall not be located directly next to arterial streets, service areas, or
adjacent commercial development to ensure they are sheltered from the noise and traffic
of adjacent streets or other incompatible uses. Alternatively, a minimum of ten (10) foot
wide, dense landscaping area shall be provided as screening, but does not count towards
the open space requirement.
5. An area of usable common open space shall not exceed an average grade of ten (10)
percent. The area may include landscaping, walks, recreational facilities, and small
decorative objects such as artwork and fountains.
6. All common open spaces shall include seatings and lighting.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
H. Recreation Amenities
1. The required front yard area shall not be counted toward satisfying the common recreation
area requirement.
2.1. All play areas shall be located away from high automobile traffic and shall be situated for
maximum visibility from the dwelling units.
3.2. Senior housing and/or housing for persons with disabilities shall be exempt from the
requirement to provide play areas, but shall provide areas of congregation that encourage
physical activity.
4.3. One common recreational amenity shall be provided for each 50 units or fraction thereof.
Facilities that serve more people could be counted as two amenities. Examples of
amenities that satisfy the recreational requirements include:
a. Clubhouse at a minimum of 750 square feet.
b. Swimming Pool at a minimum of 15x30 feet or equal surface area.
c. Tennis, Basketball or Racquetball court.
d. Children’s playground at a minimum of 600 square feet.
e. Sauna or Jacuzzi.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
f. Day Care Facility.
g. Community garden.
h. Other recreational amenities deemed adequate by the Director.
I. Landscaping. All landscaping shall comply with all standards as specified in Chapter 20.36.
1. A minimum of 8 percent of the total site shall be landscaped. Required setbacks and
parking lot landscaping may be counted toward this requirement.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
2. Landscaping materials shall comply with the following:
a. Ground cover instead of grass/turf; and/or
b. Decorative nonliving landscaping materials including, but not limited to, sand, stone,
gravel, wood or water may be used to satisfy a maximum of 25 percent of the required
landscaping area.
c. Turf areas shall be placed in areas for recreational use only and must have a 10 foot
minimum dimension.
3. Landscaping and irrigation shall follow local and regional requirements and guidance for
approved plant lists to meet the needs of local conditions, where available. For plants and
planting materials addressing water retention areas, recommended resources include the
Low Impact Development Manual for Southern California prepared by the Southern
California Stormwater Monitoring Coalition, State of California Model Water Efficient
Landscape Ordinance (MWELO) or Newport Beach Municipal Code Chapter 14.17
(Water-Efficient Landscaping).
J. Frontage Types and Standards. Frontage is the side of a building facing a public street right-
of-way.
1. Storefronts for ground floor commercial in mixed-use projects. A frontage that reinforces
the commercial character and use of the ground floor of the building. The elevation of the
ground floor is located at or near the grade of sidewalk to provide direct public access into
the building.
a. The ground floor elevation shall be located at the elevation of the sidewalk to minimize
the need for external steps and ramps at public entrances.
b. Entrance shall be emphasized and clearly recognizable from the street. One or more
of the following methods shall be used to achieve this result:
i. Projecting non-fabric awnings or canopies above an entry (covered entry);
ii. Varied building mass above an entry, such as a tower that protrudes from the rest
of the building surface;
iii. Special corner building entryway treatments, such as a rounded or angled facets
on the corner, or an embedded corner tower, above the entry;
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
iv. Special architectural elements, such as columns, porticoes, overhanging roofs,
and ornamental light fixtures;
v. Projecting or recessed entries or bays in the facade;
vi. Recessed entries must feature design elements that call attention to the entrance
such as ridged canopies, contrasting materials, crown molding, decorative trim,
or a 45-degree cut away entry; or
vii. Changes in roofline or articulation in the surface of the subject wall.
c. Windows and/or glass doors shall cover not less than 50 percent of the first floor
elevation along street frontages.
d. At least25 percent of the surface area of each upper floor facade shall be occupied
by windows.
e. Development with retail, commercial, community or public uses on the ground floor
shall have a clear floor to floor height of at least 15 feet. Floor-to-floor height may be
reduced on sloping sites.
f. The minimum height for awnings or marquees is 8 feet above finished grade and the
maximum height for awnings or marquees is 12 feet above finished grade; except as
otherwise required in the Building Code approved by the City.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
2. Live-work/office fronts. A frontage that reinforces both residential and work activities that
can occur in the building. The elevation of the ground floor is located at or near the grade
of sidewalk to provide direct public access to the building.
a. The ground floor elevation shall be located near the elevation of the sidewalk to
minimize the need for external steps and ramps at public entrances.
b. All ground floor tenant spaces that have street frontage shall have entrances on a
facade fronting a street. All other ground floor uses may have a common lobby
entrance along the front facade or private entrances along other facades.
c. Entrances to upper floor units may be provided through a common lobby entrance
and/or by a common entrance along a facade fronting a street.
d. At least 40 percent of the surface area of the ground floor facade shall be occupied
by display windows or translucent panels.
e. At least 25 percent of the surface area of each upper floor facade shall be occupied
by windows.
f. The ground floor shall have a clear floor-to-ceiling height of at least 12 feet.
g. The minimum height for awnings or marquees is 8 feet above finished grade and the
maximum height for awnings or marquees is 12 feet above finished grade; except as
otherwise required in the Building Code approved by the City.
h. If the front facade is set back from the public sidewalk, the setback shall be
landscaped and/or improved as an extension of the public sidewalk.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
3. Residential fronts. A frontage that reinforces the residential character and use of the
buildings. The elevation of the ground floor is typically elevated above the grade of the lot
to provide privacy for residences by preventing direct views into the home from the
sidewalk. Applicable to buildings with no commercial use on the ground floor.
a. Residential frontages reinforce the residential character and use of the building. The
ground floor may, and unit entries and/or building lobbies are allowed to be elevated
a maximum of 36 inches above the grade of the nearest adjacent public or private
sidewalk to provide privacy for residences by preventing direct views into the home.
i. Garages facing a public street shall not exceed 40 percent of the length of the
building facade.
ii. Entrances to ground floor units that have street frontage may be provided through
a common lobby entrance and/or by private entrances from the adjacent sidewalk.
iii. Entrances to upper floor units may be provided through a common lobby entrance
and/or by a common entrance along a facade fronting a street.
iv. At least 20 percent of the surface area of the ground and upper floor facade shall
be occupied by windows.
v. If the front facade is set back from the public sidewalk, the setback shall be
landscaped (excluding stoops/front porches and paved paths to building
entrances).
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
K. Walls and Fences
1. Community perimeter or theme walls shall be solid decorative block walls.
2. Wall materials shall be brick, slump stone, tile, textured concrete, stucco on masonry, steel
framing, or other material walls which require little or no maintenance. Plain concrete block
walls (i.e. precision block) nor chain link fencing with inserts shall not be used as wall
materials.
3. The style of the wall shall be the same or similar to the architectural style of the project.
4. All exterior perimeter walls located along public streets shall have an offset of a minimum
of 5 feet deep for every 50 linear feet to 75 linear feet of the wall length, or be screened by
a minimum of 2 feet of landscaping depth.
5. Retaining walls within the front and/or side a street facing setback or and visible from the
public sidewalk shall not exceed 4 feet in height and shall provide a minimum of 18 inches
deep landscape in front of the wall.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
L. Utilities
1. All utility equipment shall be located out of the pedestrian path of travel. All utility equipment
shall be purposefully and aesthetically placed adjacent to alleyways, within parking areas,
rear or side yards, or within building “notch outs” and screened from public view.
2. If the mechanical equipment cannot be placed in rear or side yards, it shall be either placed
on the ground and screened with landscape, or placed on the roof and screened with
architectural materials such as roof or parapet consistent with the overall architectural
style.
3. Al electrical utility equipment, electrical meters, and junction boxes shall be placed within
a utility room. If a utility room is not feasible, then all utility equipment shall be purposefully
designed as an integral part of the building development, placed adjacent to alleyways,
within parking areas, or within rear or side yards, and screened from public view.
M. Private Street Standards. The intent of Private Street realm standards is to foster a low speed,
multi-modal internal site circulation network. Streets shall provide a limited amount of curbside
parking for visitors, loading, service, and accessible ADA spaces. The streets shall be
designed as an amenity for the site, including surface treatments and landscaping similar in
character and quality to any paseos or common open space.
1. Private Street Right-of-Way. All new multi-unit development sites that provide private
streets shall comply with a minimum width right-of-way standard.
a. When on-street parallel parking is not provided, the right-of-way width shall be 41 feet
in width.
b. When on-street parallel parking is provided, the right-of-way width shall be 50 feet in
width.
2. Private Street Zones. Three zones as described below comprise the right-of-way.
Variations in width reflect the presence or absence of on-street parking:
a. Street Zone (SZ). Streets shall be 26-35 feet in width from curb-to-curb designed to
provide motor vehicle and bicycle access. All Police and Fire emergency and
maintenance vehicle access standards shall be met. Parallel curbside parking shall be
permitted within roadways. Angled or head-in parking shall be prohibited.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
b. Sidewalk Zone (SWZ). A minimum of one SWZ zone, 5-feet-wide, shall be provided
when the street is less than 30 feet in width and two SWZ zone when the street is
greater than 30 feet in width. The minimum width of a SWZ is 5 feet. When on-street
parking is provided, the SWZ shall be on the side of street with parking. Shrubs, ground
cover, and street trees are prohibited in the zone.
c. Landscaping and Paving Zone (LPZ). There shall be a minimum 5-foot Landscaping
and Paving Zone. The zone is intended to provide a transition between the street and
private residences. Landscaping shall comprise a minimum of 20 percent of the total
building frontage(s) area. Landscape planting beds shall have a minimum width of 3
feet. Paving stone, brick or concrete unit pavers or poured in place concrete with
integral color pigments is permitted in the Zone. Steps are permitted to above grade
first floor entrances.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
N. Private Driveway Standards. The intent of Driveway standards is to provide motor vehicle
access to private garages and service areas, pedestrian access between residential garages
and doors, and private or public street network.
1. Private Driveway Right-of-Way. All private driveways shall comply with a 26-foot minimum
width fire apparatus access standard. No dead-end driveway shall exceed 150 feet in
length.
2. Driveway Zones. Two zones described below comprise the driveway:
a. Driveway Zone (DZ). Paving shall be asphalt, stone, brick or concrete unit pavers
or poured in place concrete with integral color pigment. Stamped concrete shall be
prohibited.
b. Landscape and Paving Zone (LPZ). A 4-foot minimum width zone width shall be
provided. The Zone shall be landscaped a minimum of 20 percent of the total site
abutting a building. A combination of vines, ornamental, grasses, shrubs, ground
cover, and ornamental trees shall be provided. Landscaping in pots is permitted.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
O. Publicly Accessible Open Space (PAOS) Standards. PAOS is intended to serve as an amenity
for multi-unit tenant and surrounding neighborhood residents, employees and visitors. The
PAOS shall be configured as passive paseo or promenade mobility corridors that provide
walking and biking connections through or along the development site, or more active
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
courtyard gathering spaces that can be the focus for adjacent ground floor uses, especially
where ground floor commercial is provided. The PAOS shall be contiguous, universally
accessible, and shall be connected directly to adjacent public realm. Development sites that
meet all requirements for providing PAOS, shall include one of the options as specified.
Courtyard PAOS
1. Required PAOS. Development sites with a combined street frontage 200 feet or greater
in width and a total development site area of 1 acre or greater shall provide a minimum of
3 percent PAOS of the net site area. All PAOS shall be in addition to all residential zoning
common open space.
2. Site Area Calculations. The net site area shall be the total site area minus the following:
a. Public Easements. Total area measured between the right-of-way line to the build-
to-line.
b. Utility Easements. The total area required easements for public utilities through
the site.
3. PAOS Design Standards.
a. Minimum PAOS width. No paseo, promenade, or courtyard right-of-way shall be
no narrower than 20 feet in width. If incorporated in a development plan, paseos
or promenades shall include an 8-foot minimum width path; all courtyards shall
include a minimum 6-foot minimum width path.
b. Access. All PAOS multi-use path access-ways shall be dedicated as a public
easement subject to restrictions on hours of use.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Promenade Publicly Accessible Open Space
P. Facade Modulation Standards.
The intent of the standards is to modulate the building’s massing and volume— the external
dimensions comprising of height, length, width, and depth in a manner that results in buildings that
are in proportion to development site context and provides opportunities for applied facade plane
and surface architectural visual interest. All multi-unit dwellings, or multi-unit components of mixed-
use buildings shall be modulated both vertically and horizontally.
Modulation standards are provided for density ranges that correlate with multi-unit building
typologies. Townhome buildings shall adhere to standards for buildings up to 30 dwelling units per
acre and apartment buildings shall follow standards for buildings with greater than 30 dwelling
units per acre. Applicants shall select a set of standards based upon the density of the building.
Where development sites are of sufficient size to accommodate multiple building typologies with
varying densities, the following Design Standards shall apply to each typology separately. Density
allocations may be transferred within a contiguous property.
Q. Vertical Modulation
The intent of the standards is to minimize the perceived height of a building by visually organizing
the facade in a manner that reflects the function of the underlying building floor(s) through the use
of varied yet uniform application of height, form, material, and color articulation.
1. Components. All buildings shall be organized into an identifiable base, middle, and top to
differentiate the first floor and upper function of the building. This tripartite articulation provides
opportunities to create varied application of materials, color, and fenestration. Modern or
contemporary building architecture may be approved at the discretion of the Director.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
a. Base. For multi-story buildings, the first floor primary facade shall constitute the
building’s base.
b. Middle. The primary facade… of floor(s) above the base and below the top shall
constitute the middle.
c. Top. The primary facade of the uppermost floor(s) to the parapet or ridge line of a
building and any facade of a floor(s) that steps back shall constitute the building’s top.
Buildings shall be vertically modulated with a base, middle, and top
Buildings shall be horizontally modulated with recesses or projections
2. Vertical Modulation Changes in Facade Material and/or Color
a. Banding. Use of functional and/or decorative horizontal facade belt course, trim, or
other projections or recesses at floor lines between the base, middle, and top. The
projection or recess shall have a minimum height of 12 inches and a depth of 4 inches.
b. Floor Heights. Change in floor-to-floor facade heights at the second floor or above.
No middle or top floor-to-floor height shall be less than 10 feet.
c. Fenestration. Changes in building window and door widths, heights, depths, materials,
and colors. Changes in trim and inclusion or absence of shutters, mullions, muntins,
transoms or other window components.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
d. Cladding Material. Buildings may express vertical modulation by providing a change
of cladding materials to denote base, middle and top. Buildings using cladding material
to provide vertical modulation are not required to provide banding. For buildings one
hundred feet in height, a curtain wall system may be used above the building base.
3. Additional Vertical Modulation Standards
a. First Floor Height. The minimum fist finished floor to second finished floor plate
elevation shall be:
i. 10 feet – for buildings with density of less than -30 dwelling units per acre.
ii. 12 feet – for buildings with density greater than 30 dwelling units per acre,
developed as residential only.
iii. 15 feet – for buildings with a density greater than 30 dwelling units per acre
with commercial uses on the ground floor.
b. Vertical Variation. Base, middle and top facade divisions shall be consistent with the
underlying floor plate heights.
i. Density of less than 30 dwellings per acre — combining, omitting, increasing
or decreasing the base or middle facade division height along building
frontages shall be prohibited.
ii. Density of greater than 30 dwellings per acre or greater — increasing the base
and decreasing the middle facade division height shall be permitted for any
building facade greater than 60 feet in length. Stepping of plate heights shall
be limited to no more than 1/3 of any total facade frontage length.
Less than 30 Dwelling unit per acre minimum base density buildings (townhome)
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
30+ Dwelling unit per acre minimum base density buildings (apartment)
R. Horizontal Modulation
The intent of the standards is to shorten the perceived length and mass of a building by
providing facade recesses and projections that break up the horizontal thrust of a building. The
modulation provides opportunities to accentuate and draw visual attention to key building
features such as stairwells, elevators, lobbies, and entries, and create usable open spaces
such as courtyards. Horizontal modulation is intended to be complemented and strengthened
by accompanying application of different facade materials, color, and fenestration; and layering
of additional recessed and projected architectural elements such as bays, balconies, and
patios.
1. Building Standards for Developments with Density of less than 30 dwelling per acre
a. Maximum building length. No building shall be greater than 150 feet in length.
b. Required minimum modulation area. A minimum of 10 percent of the total facade
area shall be horizontally modulated.
c. Minimum depth. All recesses or projections shall be a minimum of 2-feet in depth.
d. Maximum number. No facade shall have no more than 2 total recesses or
projections per facade.
2. Building Standards for Development with Density of 30 dwellings per acre or greater.
a. Maximum façade length. Buildings in excess of 200 feet shall have a horizontal
massing break of no less than 20 feet with a depth of 15 feet for every 200 feet of
additional overall length.
b. Required minimum modulation area. A minimum of 10 percent of the total facade
area shall be horizontally modulated.…
c. Minimum depth. All recesses or projections shall be a minimum of 4 feet in depth.
of 10 percent of the total facade area shall be horizontally modulated.
d. Minimum width. All recesses or projections shall be a minimum of 4-feet in depthof
20 feet in width.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
e. Maximum number. No facade shall shall have no more than 4 total recesses or
projections per facade.
Less than 30 Dwelling unit per acre minimum base density buildings
30+ Dwelling unit per acre minimum base density buildings
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
S. First Floor Opening and Transparency Standards
The standards are intended to foster passive ‘eyes on the street’ surveillance of the public
realm by providing an adequate number of clear and direct sightlines between first floor
residences and adjacent public realm sidewalks and common areas without compromising
residential livability, privacy, and security. For multi-unit buildings with commercial first floor
uses, the standards are intended to provide a greater amount of visibility of merchant goods
and services for potential walking, rolling, or driving-by clients or customers. For all buildings,
the standards apply only to portions of the first floor that contain residential or commercial
conditioned/occupied floor areas fronting streets and open common open space.
1. Building Standards for Developments with Density of less than 30 dwellings per
acre.
a. Minimum Opening Standard. For any at-grade or above-grade residential
first floor unit fronting a street or paseo, the First floor multi-unit building
frontages shall be comprised of a minimum 20 percent transparent glazed
door and window openings. based frontage adjacency, and first floor use
as follows:
i. 20 percent – for any at-grade or above-grade residential first floor
unit fronting a street or paseo.
2. Building Standards for Developments with Density of 30 dwellings per acre or
greater
a. Minimum Opening Standard. First floor multi-unit building frontages shall
be comprised of transparent glazed door and window openings based
public realm frontage adjacency and first floor use as follows:
i. 25 percent - for any at-grade or above-grade residential first floor
unit fronting a street or paseo.
ii. 50 percent - for any mixed use multi-unit building with a first floor
commercial use fronting a street, courtyard or paseo and would
pertain to commercial spaces only.
Less than 30 Dwelling unit per acre minimum base density buildings
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
30+ Dwelling unit per acre minimum base density buildings
T. First floor Entry Standards
The intent of the standard is to locate building individual unit and lobby entries along street
frontages to foster pedestrian neighborhood access and street-oriented activity. Unobstructed
sight lines and pedestrian access from the public sidewalk shall be provided. The standards
do not apply to service and loading entrances.
1. Individual Residential Unit Entrances
a. Residential Front Door Standards. At-grade or above-grade first floor individual
residential unit’s’ entrances shall be accessed directly adjacent public realm or
common area unless determined not feasible by the Director or due to site
topographic considerations.
i. Minimum entry to sidewalk width — walkway, ramp, and stairs connecting
to the public sidewalk shall be a minimum of 5 feet in width.
ii. Entry stoop, terrace and patio area — if proposed, entry terraces and patio
areas shall be a minimum of 40 square feet. If proposed, entry stoops shall
be a minimum of 20 square feet excluding any required stairs or ramp area.
2. Lobby Entrances
a. Standards. Lobby entrances shall be located at-grade, unless determined not
feasible by the Director. Residential and commercial lobby entrances shall be
accessed directly from the adjacent public realm or PAOS.
i. No lobby door setback is required .
ii. Minimum entry sidewalk width – where entries are setback, walkway width
connecting to the sidewalk zone shall be a minimum of 6 feet.
iii. Entry landing area – shall be a minimum of 60 square feet.
iv. Prohibited – lobby entrance primary entries are prohibited from driveways,
at-grade parking lots, parking structures, or alleys unless required due to
topographic conditions.
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
Individual residential unit front door standards
Lobby entrances shall be accessed directly from the street
Planning Commission - April 18, 2024 Item No. 3b - Additional Materials Provided by Staff Housing Element Implementation Program Amendments (PA2022-0245)
April 18, 2024, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. HOUSING ELEMENT IMPLEMENTATION PROGRAM
AMENDMENTS (PA2022-0245)
I am deeply disturbed by this proposal.
According to Table 3-37 of the new Housing Element, to meet the 2021-2029 RHNA, the City
needs to add to its existing General Plan a total of 2,707 dwelling units affordable to very low-,
low- and moderate-income households, and in specific quantities for each income category.
Instead, staff is proposing to add, according to Exhibit “B,” proposed Policy LU 4.4,8,174 units
with no assurance any of them will be used to fill those needs.
Moreover, despite clear direction from the Council and promises to do so (see handwritten page
86 of the staff report), I see no implementation of a plan to shut down access to new
entitlements should the RHNA obligations be met.
In other words, we appear to be presented with a blank check for a very large quantity of new
development that can be used at an applicant's whim, and not something carefully crafted to
provide the 2,707 required units, and nothing more.
For example, with this plan, while we might get no affordable units at all, if other developers
were to follow the pattern of the applicant in the previous agenda item, and seek a 35% density
bonus for building 11% very low-income units, we could end the cycle with 8,174x1.35 = 11,035
new units with just 8,174x0,11 = 899 affordable to very low-income households – not enough to
meet the 1,456 unit very low requirement, let alone make any progress toward producing low-
and moderate-income units.
And with no shut-off, should someone miraculously manage to provide the 2,707 required units
in the required affordability categories, the 8,174 - 2,707 = 5,467 superfluous units would remain
available to anyone wanting to build any kind of housing with them.
Even if the requested shut-off provisions were added, and assurances units would be built in the
required income categories, I have trouble understanding why the opportunities to participate in
the new housing development are limited to the specific sites shown on the overlay maps. In
preparing the Housing Element, the City was apparently required to demonstrate it had
adequate sites available to meet the RHNA. But having done so, it seems quite arbitrary and
inequitable to not give other, similar properties an equal chance to participate.
Beyond those general concerns, here are some more specific observations:
Planning Commission - April 18, 2024 Item No. 3c - Additional Materials Received Housing Element Implementation Program Amendments (PA2022-0245)
April 18, 2024, PC agenda Item 3 comments - Jim Mosher Page 2 of 2
1. The staff report says something about the sites carried forward from the 5th Cycle (the
HO-6 overlay) now having a “by-right” opportunity for approval as required by state law,
which is implemented as a proposed new NBMC Subsection 20.28.050.E on handwritten
page 36. It is unclear from the staff report if the state laws (which are referenced without
mentioning the year in which they were adopted – making them difficult to locate) restrict
this opportunity. If it is more generally applicable, it would seem the implementation of
the by-right opportunity should be in a more general part of the Zoning Code and not
buried in a section limited to housing overlay districts.
2. Copies of the “draft Housing Opportunity (HO) Overlay Zoning District maps” were added
for review at the last minute. It would seem the Land Use maps in the General Plan (and
possibly the Coastal Land Use Plan?) also need to be updated to show the overlays. I
do not believe those have been provided.
3. The Overlay Zoning District maps that were provided seem to have rearranged the
assignment of properties to the various focus areas in a way that differs from the focus
areas described in the Housing Element and the EIR.
4. I continue to think the EIR is an after-the-fact attempt to justify actions already committed
to when the Housing Element was adopted in 2022.
5. I continue to disagree with the response to another of my comments on the EIR
regarding the City’s obligations under the 2002 Pre-annexation Agreement with the
County for Santa Ana Heights. I continue to think the City needs the Board of
Supervisors’ consent to add its housing overlay district to the Santa Ana Heights Specific
Plan area. In particular, the HO-1 overlay proposes to allow housing on land the County
designated BP (Business Park) and OSR (Open Space and Recreation). These are
areas the County had long sought to remove housing from.Adding housing there is
clearly a radical departure in allowed land uses.
6. The proposed Planning Commission resolution is sloppily written, and contains more
errors than I can enumerate before the 5:00 p.m. deadline for submitting comments.
Hopefully the code and policy amendments were more carefully proofread.
Planning Commission - April 18, 2024 Item No. 3c - Additional Materials Received Housing Element Implementation Program Amendments (PA2022-0245)
HOUSING ELEMENT IMPLEMENTATION
PROGRAM AMENDMENTS (PA2022-0245)
Planning Commission Public Hearing
April 18, 2024
Community Development Department
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
BRIEF BACKGROUND
2
•RHNA Assignment
6th cycle (2021-2029) RHNA allocation of 4,845 new units assigned in early 2020
•Housing Element Adoption
•Housing Element Implementation
Must rezone by February 2025
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
WHY ARE WE HERE?
3
Implementation (“The Action”)
•Amend Land Use Element Goals/Policies for Consistency
•Amend Coastal Land Use Plan Policies for Consistency
•Zoning Overlays to Allow Housing (Titles 20 and 21)
•Objective Design Standards to Maintain Quality
•CEQA -Environmental Impact Report
Housing Element (“The Plan”)
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
IMPLEMENTING ACTION: LAND USE ELEMENT UPDATE
4
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
LAND USE ELEMENT UPDATE
5
•Draft policies developed with significant input
•3-member GPUSC (Steering Committee)
•30-member GPAC (Advisory Committee)
•Land Use Element Subcommittee
•GPAC/GPUSC support on on August 21, 2023
•Posted online for input August 30, 2023
•PC Study Session September 21, 2023
•Revised and posted again January 16, 2024
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
6
NEW POLICIES TO SUPPORT IMPLEMENTATION
4.4 (Rezoning to Accommodate Housing Opportunities)
framework for rezoning – density/focus area limits consistent with Housing Element,
increases density beyond Charter Section 423 thresholds requiring a vote
4.5 (Residential Uses and Residential Densities)
4.6 (Continuation of Existing Development)
4.7 (Redevelopment and Transfer of Development Rights)
Focus Area Density Development Limit*
Airport Area 30 - 50 du/acre 2,577 units
West Newport Mesa 20 - 50 du/acre 1,107 units
Newport Center 20 - 50 du/acre 2,439 units
Dover/Westcliff 20 - 50 du/acre 521 units
Coyote Canyon 20 - 60 du/acre 1,530 units
*These limits
do not include
1,662 “pipeline”
units
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
CITY CHARTER SECTION 423TRAFFIC AND DENSITY
7
Land Use Element amendment increases densities and trips
above thresholds (100 du/100 trips)
Ballot vote required for Major General Plan amendment
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
IMPLEMENTING ACTION: OVERLAY ZONING AND DEVELOPMENT STANDARDS
8
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
9
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
OVERLAY ZONING AND DEVELOPMENT STANDARDS
10
Consistent with the Housing Element
•Process. Prescribes process for housing development in focus areas
•Development Limits. Aligns with new Land Use Element policies
•Development Standards. Provides setbacks, heights, and parking requirements to allow residential development at planned densities
•Area-Specific Standards. Such as sound attenuation in the Airport Area and park/trails in Coyote Canyon
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
11
OVERLAY ZONE MAPS*Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
IMPLEMENTING ACTION: OBJECTIVE DESIGN STANDARDS
12
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
OBJECTIVE DESIGN STANDARDS
13
Purpose and Intent
•Compliance with State Law
•Provide clear standards and certainty for developers
•Preserve the City’s ability to foster good design
Applicability
•Multi-unit and mixed-use developments densities of 20 du/ac or greater
•Both discretionary projects and by-right projects
•Waiver or modification of standards through site development review
Incorporated feedback from Planning Commission
and stakeholders, including designers, developers,
and property owners
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
14
Parking Lots
Common Open Space
Recreational Amenities
Storefronts
Live/Work Office
Residential Fronts
Walls/Fences and Utilities
Private Streets
Private Driveways
Publicly Accessible Open
Space
Vertical Modulation
Horizontal Modulation
Transparency
First Floor Entry
•Shorten perceived length and mass
•Minimum plate heights
•Complemented with different façade materials, color, and fenestration
•Layering of recesses and projections
•Variation based on density
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
IMPLEMENTING ACTION: LOCAL COASTAL PROGRAM AMENDMENT
15
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
IMPLEMENTING ACTION: CEQA CLEARANCE AND NEXT STEPS
16
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
PROGRAM EIR TOPICS AND IMPACTS
17
Less Than Significant
•Biological Resources
•Energy
•Geology and Soils
•Hazards and Hazardous Materials
•Hydrology and Water Quality
•Land Use and Planning
•Population and Housing
•Public Services
•Recreation
•Transportation
•Tribal Cultural Resources
• Wildfire
Significant and Unavoidable
•Aesthetics
o (Lighting/Glare)
•Air Quality
o (Construction/Operation)
•Cultural Resources
o (Buildings ≥50 years old could be replaced)
•Greenhouse Gas Emissions
o (Construction/Operation)
•Noise
o (Construction)
•Utilities and Service Systems
o (Water)
NOTE: A “significant and unavoidable” impact on any one opportunity site affects the outcome for the entire program.
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
DOCUMENTS HAVE BEEN AVAILABLE FOR REVIEW
•Implementation Documents
www.newportbeachca.gov/heimplementation
•CEQA Clearance
www.newportbeachca.gov/ceqa
18
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
COMMENT LETTERS
19
Seven Letters Received
•James Lawson, an individual
•Jim Mosher, an individual
•California Cultural Resources Preservation Alliance, Inc.
•Coastal Corridor Alliance (aka Banning Ranch Conservancy)
•Caltrans District 12 (California Department of Transportation)
•John Wayne Airport (County of Orange)
•Airport Land Use Commission (ALUC)
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
EXPECTED NEXT STEPS
20
•May 16, 2024, ALUC Consideration
•May 28, 2024, City Council Notice of Intent to Overrule ALUC
•July 23, 2024, City Council Public Hearing*
All final implementing documents and ballot resolutions
•August 9, 2024, Last Day to Call Election
•November 5, 2024, Ballot Vote
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
ACCOUNTABILITY: WHAT’S HAPPENING AROUND US?
21
(Santa Monica)
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
22
KEY TAKEAWAYS
1.Development Limits – Focus Areas have limited average density and total units Example – Newport Center: 20 - 50 du/acre / 2,439 units Max
2.Pipeline & Density Bonus Projects – Excluded from total allocation in Focus Areas
3.Draft Documents – the following have been made available for review:
a)Land Use Element and Zoning Overlay (Title 20)
b)Objective Design Standards (Title 20)
c)Coastal Land Use Plan and Coastal Zoning Overlay (Title 21)
d)EIR
4.Public Hearing – City Council public hearing scheduled for July 23, 2024
5.Ballot Vote – Vote of the electorate schedule for November 5, 2024
6.Mandated Deadline – Implementation by February 2025
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)
THANK YOU!
Jaime Murillo, AICP, Acting Deputy Community Development Director
949-644-3209, jmurillo@newportbeachca.gov
Ben Zdeba, AICP, Principal Planner
949-644-3253, bzdeba@newportbeachca.gov
Planning Commission - April 18, 2024 Item No. 3d - Additional Materials Provided by Staff
Housing Element Implementation Program Amendments (PA2022-0245)