HomeMy WebLinkAboutGPAC_2006_01_28*NEW FILE*
G PAC_2006_01 _28
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CITY OF NEWPORT BEACH
GENERAL PLAN ADVISORY COMMITTEE
AGENDA
January 28, 2006
9:00 a.m.
I. Call to Order
Central Library
Friend's Meeting Room
1000 Avocado Avenue
II. Policy Review:
Housing
Noise
Mariner's Mile Development Policies
Harbor & Bay
III. Report on Community Outreach
IV. Discussion of Future Meetings
V. Public Comments
Public Comments are invited on items generally considered to be
within the subject matter jurisdiction of this Committee --
Speakers are asked to limit comments to 5 minutes. Before
speaking, please state your name and city of residence for the
record.
*Reports are available on line at www.nbvision2025.com
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City of Newport Beach
Planning Department
PLANNING DEPARTMENT
CITY HALL
3300 NEWPORT BOULEVARD
P. O. BOX 1768
NEWPORT BCH, CALIFORNIA
92658-8915
Memorandum
To: General Plan Advisory Committee
From: Gregg Ramirez, Senior Planner
Dace: January 23, 2006
Re: General Plan Update — Policy Meeting No. 5
• Attached for your review are copies of the draft Housing, Noise, and
Harbor and Bay elements of the General Plan. Additionally, draft policy
language has been crafted for Mariners' Mile development.
Housing Element
The State Department of Housing and Community Development (HCD) is
the agency responsible for ensuring that each jurisdiction maintains a
Housing Element and implements the approved goals, policies and
programs. Due to internal reasons, HCD has extended the timeframe of
this element cycle until 2008. Therefore, the element before you is an
update of the existing HCD certified 2000-2005 document which will
technically become the 2000-2008 element. Because we had to work
hard to receive HCD's certification of the 2000-2005 element, staff is
trying to minimize changes to this element so that we can retain our
certified status. The proposed changes are limited to those necessary to
create consistency with the draft Land Use Element and the elimination
of any repetitious programs. As with the other elements, Housing
includes goals and policies, but unlike the others, State law requires that
this element identify specific housing related programs. The bulk of the
document consists largely of information and .statistics required for
inclusion by HCD and State law. Therefore, staff requests that GPAC's
• focus be on the goals, polices and programs.
City of Newport Beach
Planning Department
• Noise
The Noise element is another of the required General Plan elements.
This element provides goals and policies for use in the planning process
in order to maintain compatible land uses with environmental noise
levels.
Mariners' Mile
At the request of GPAC, staff and the consultant team have re -visited the
Land Use Element policies related to mixed use development on the bay
side of Coast Highway in Mariner's Mile. Attached for your review is
recommend language as well as Goal 19 as previously recommended by
the City Council. The staff and consultant team considered two
approaches to this issue: 1) provide policy guidance on what the City is
trying to achieve regarding protection of public views along Mariner's
Mile, so that specific development regulations can be created in zoning;
and 2) include specific regulations in the Land Use Element.
Due to the unique nature of the Mariners' Mile and the varied lot widths,
staff and the consultant team strongly recommend including general
language requiring the creation of view corridor regulations and possibly
• site design review for proposed projects. The creation of specific
development regulations is also an option, but is much better suited to be
included as part of the Zoning Code Update. Staff believes that in order
to create equitable regulations or site design requirements, a much more
detailed analysis is necessary. Consequently, the regulations created as
a result of such analysis logically belongs in an implementation/regulation
document, such as the Zoning Code, rather than a policy document such
as the General Plan.
Harbor and Bay
The Harbor and Bay element is an optional element originally adopted in
2001. Initially, staff recommended that this element be incorporated into
the Land Use Element with the Harbor and Bay identified as a district and
many of the goals and policies transferred from the existing Harbor and
Bay Element to other elements, such as Natural Resources and
Circulation. The Harbor Commission reviewed this recommended
approach on January 11 and 18, and recommended that the Harbor -and
Bay are such important resources to Newport Beach that they should be
addressed in a separate element of the General Plan. Therefore, staff is
now recommending that the Harbor and Bay Element remain a stand
• alone element with harbor related policies, such as those related to water
quality, dredging, water transportation, etc. appearing in both the Harbor
City of Newport Beach
Planning Department
and Bay Element and the appropriate required element. Attached for
•, your review are the first section of the Harbor and Bay Element, goals
and policies as well as a chart depicting those goals and polices that will
appear in both the Harbor and Bay Element and a required element, as
well as where they appear in the other elements. All of the other
elements have already been reviewed by GPAC, the Planning
Commission and City Council. The chart shows some changes to those
policies recommended by the Harbor Commission, which staff supports.
All comments and recommendations made by GPAC will be presented to
the Planning Commission and City Council at their meetings on January
31, 2006.
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HOUSING ELEMENT
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2000-2008 Housing Element
Adopted by the Newport Beach City Council
August 13, 2003
General Plan Amendment No. GP2003-004
Resolution No. 2003-45
Amended April 12, 2005
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City of Newport Beach
Housing Element
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EXECUTIVE SUMMARY
The 2000-2008 Housing Element is an update and revision of the 1992 Element, and consists of
new technical data, revised goals, updated policies, and a series of programs and implementing
measures. The Element is designed to facilitate attainment of the City's Regional Housing Needs
Allocation, and to foster the availability of housing affordable to all income levels to the extent
possible given Newport Beach's constraints.
Newport Beach is committed to achieving its housing goals and continues to encourage the
development of additional housing units, wherever and whenever feasible. Since the Housing
Element was adopted in 2003, the Bayview Landing project, a senior affordable housing
development which received $1,754,119 in funds from the City's "in -lieu" housing fund reserves and
$4,500,000 in tax credit financing, has been approved and constructed.
This Element is part of a comprehensive General Plan update which included substantial community
outreach. Through the update process, several key areas in the City were identified as ideal
locations for future housing opportunities. Key sites for future development include the Airport Area,
Newport Center, Banning Ranch, West Newport Mesa, and the Balboa Peninsula area.
The City will continue to enforce the requirements of its inclusionary housing program that requires a
proportion of affordable housing in new residential developments or payment of an in -lieu fee. The
City's goal is that an average of 20% of all new residential development will be affordable to very
low, low, and moderate income households. The City Council has also established an Affordable
Housing Task Force that works with developers and landowners to facilitate the development of
• affordable units and identifies the most appropriate use of in -lieu fee funds. The Task Force and staff
continually investigate and research potential affordable housing opportunities.
RHNA and City Responsibility
The City has accepted, and is committed to meeting, its 1998-2008 RHNA allocation (extended from
June 30, 2005 by the State Department of Housing and Community Development) of providing 476
housing units. As of December 2005, the City has already fulfilled its requirement for above
moderate income units, and with completion of the Bayview Landing project, will have a remaining
RHNA allocation of 145 units (83 moderate units and 62 very low units). Achieving the remaining
RHNA units is expected through the future redevelopment of several key housing opportunity areas
identified through the General Plan update process and the affordable housing requirements of the
Inclusionary Housing Program.
With the annexation of Newport Coast in 2001, the City agreed to transfer 945 units from the Orange
County Regional Housing Needs allocation to the Newport Coast area. This agreement was made
since the Irvine Company committed to the County to fulfill its allocation. However, since the County
is still responsible for issuing building permits for the area, the analysis on meeting the RHNA
allocation does not include the 945 Newport Coast units. The City will fulfill its obligation by
implementing plans for Newport Coast approved by Orange County, and monitoring newly
constructed affordable units that were permitted by the County prior to the annexation.
Constraints and Opportunities
• The City is constrained in its effort to provide new housing opportunities due to many factors beyond
its control The City does not have a Redevelopment Agency, which in turn means that Newport
Beach does not have the resource of housing set -aside funds, nor the power to assemble property
through eminent domain. However, this General Plan update provides several opportunities to •
create new residential uses through,infill development and reuse of existing land uses.
Focus of Housing Programs
Following are the housing programs that Newport Beach believes will be the most effective in
meeting the City's housing goals. These programs will be the focus of the City's housing efforts
during,the period,of thiv�Housing Element.
1) Actively encourage the development of affordable housing on the above -mentioned sites and
assist developers with the removal of site constraints.
2) Research sites and developments that could include affordable housing, such as infill, mixed -
use and redevelopment opportunities.
3) Discuss the extension of affordability covenants with owners of existing affordable
apartments.
4) Offer incentives to developers of affordable housing, including density bonuses, fee waivers,
expedited permit processing, and the use of in -lieu fee fund.
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CITY OF NEWPORT BEACH HOUSING ELEMENT
• CONTENTS
Introduction.......................................................................................................................... 3
I. Community Housing Market Analyses........................................................................... 7
Housing Stock Characteristics........................................................................................................7
HousingUnit Projections..............................................................................................................20
PopulationTrends........................................................................................................................22
HouseholdCharacteristics............................................................................................................25
Employment Trends and Projections............................................................................................30
Special Needs Population Groups................................................................................................31
HousingNeeds.............................................................................................................................39
Inventory of Land Suitable for Residential Development..............................................................41
Energy Conservation Opportunities..............................................................................................53
Energy Conservation Opportunities..............................................................................................54
Nongovernmental Constraints......................................................................................................55'
GovernmentalConstraints............................................................................................................57
II. Housing Plan: Goals, Policies, Quantified Objectives, and Programs ..................... 65
General Review of 1992 Housing Element and Housing Activities, 2000-2005 ............................66
• Housing Element Coastal Zone Review.......................................................................................70
Year2000-2008 Housing Plan.....................................................................................................71
APPENDICES
Appendix 1 Social Service Programs..............................................................................................81
Appendix 2 Agencies Providing Emergency Shelter and Assistance...............................................83
Appendix 3 Public and Private Resources Available for Housing and Community
DevelopmentActivities................................................................................................ 90
Appendix 4 Housing Element Amendments....................................................................................96
FIGURES
Figure1: Airport Area.......................................................................................................................47
Figure2: Newport Center.................................................................................................................48
Figure3: Banning Ranch.................................................................................................................49
Figure4: West Newport Mesa..........................................................................................................50
Figure 5: Balboa Peninsula, Cannery Village, Lido Village, McFadden Square................................51
Figure6: Balboa Village...................................................................................................................52
Figure 7: Old Newport Boulevard.....................................................................................................53
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TABLES
Table 1 Net Additional and Total Housing Units, 1980-2005.............................................................7
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Table 2 Housing Unit Mix(2005)........................................................................................................8
Table 3 Residential Density by Area..................................................................................................8
Table4 Densities of Attached Housing..............................................................................................9
Table5 Housing Tenure..................................................................................................................10
Table 6 Percent of RenterOccupied Units.......................................................................................10
Table7 Major Rental Projects,.,...,..-, .............................................. .............................................
11
Table 8 Condominium Conversion, 1995-2005...............................................................................12
Table 9 Overall Housing Unit Vacancy Rate Newport Beach, 1980-2000........................................13
Table 10 City Rental Apartment Vacancy Comparison.....................................................................13
Table 11 Mobile Home -Parks ...........................................................................................................15
Table 12 City of Newport Beach Assisted (and Affordable) Housing Summary ................................18
Table 13 Population Trends, 1980-2005.........................................................................................20
Table 14 Housing Trends, 1980-2005.............................................................................................21
Table 15 Population Growth Orange County and Newport Beach, 1910-2010................................22
Table 16 Persons per Occupied Unit, 1970-2000............................................................................23
Table 17 Population by Age, City of Newport Beach, 1970-2000.....................................................23
Table 18 School Enrollment, 1970-2000.........................................................................................24
Table 19 Racial and Ethnic Composition..........................................................................................25
Table 20 Racial and Ethnic Composition, Newport Coast................................................................26
Table 21 Head of Household by Ethnicity, Newport Beach and Orange County, 2000.....................27
Table 22 Median Household Incomes (1980-2000), Orange County and Newport Beach...............27
Table 23 Income Group Housing Expenditure, 2000........................................................................28
Table 24 Employment —Newport Beach and Orange County...........................................................30
Table 25 UCI Off -Campus Housing Office Housing. Costs for Newport Beach, 2000 .......................32
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Table26 Persons per,Household.....................................................................................................34
Table 27 Projected Regional Demand in Newport Beach, 1998-2008.............................................39
Table 28 Total Construction Need by Income, 1998-2008...............................................................39
Table 29 Total Construction Need by Income Newport Coast, 1998-2008......................................40
Table 30 Potential Residential Sites.................................................................................................46
Table 31 Summary of Zoning Code Provisions by District City of Newport Beach ............................58
Table 32 Comparison of Permit Fees —Nearby Jurisdictions, December 2005................................62
Table 33 residential development impact fees in newport beach.....................................................63
Table 34 Total Number of New Additional Housing Units Permitted During Period 1998-2005........
67
Table 35 Remaining RHNA Allocation, 1998-2008........................................................ :.................
68
Table 36 Housing Goals, 2006-2008...............................................................................................72
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INTRODUCTION
The City has completed a comprehensive General Plan update. This Housing Element has been
updated to ensure consistency with the updated Land Use Element and includes more recent
demographic and housing data. The Housing Element covers the RHNA allocation period of
January, 1998 through June 30, 2008 (extended from June 30, 2005 by the State Department of
Housing and Community Development). The Housing Element will be comprehensively updated in
2008 in response to the next RHNA allocation cycle of 2008-2013.
The California State Legislature has identified that the major housing goal of the State is the
attainment of a decent home and suitable living environment for every California resident. In 1980,
the Legislature added Article 10.6 to the Government Code and incorporated into law specific
Housing Element Guidelines promulgated by the California Department of Housing and Community
Development. This was the second revision to the original (June 17, 1971) Housing Element
Guidelines. The 1980 revision was made in recognition of the significant role local planning play in
pursuit of the State goal and to assure local planning effectively implements State housing policy.
The State Government Code specifies the Legislature's intent to ensure that counties and cities are
active participants in attaining the state housing goal and establishes specific components to be
contained in a housing element. These components include the following: identification and analysis
of existing and projected housing needs, resources and constraints; a statement of goals, policies,
quantified objectives, and scheduled programs for preservation, improvement and development of
housing; identification of adequate sites for housing; and adequate provision for existing and
projected needs of all economic segments of the community.
• The Newport Beach Housing Element has been written in a consistent and mutually dependent
relationship with other Elements of its General Plan. Furthermore, the Element is in conformance
with Government Code Sections §65580—§65589.
The year 2000 updated Housing Element is a comprehensive statement of the City's housing
policies and serves as a specific guide for implementation of these policies. The Element examines
current housing needs, estimates future housing needs, and establishes goals, policies, and
programs pertaining to those needs. Housing programs are responsive to current and future needs.
They are also established within the context of available community, State and federal economic
and social resources, and realistic quantified housing objectives. State housing goals are as follows:
Availability of housing is of vital statewide importance. Early attainment of decent housing
and a suitable living environment for every California family is a priority of the highest order.
• Early attainment of this goal requires cooperative participation of government with the private
sector to expand housing opportunities and accommodate housing needs of Californians of
all economic levels.
• Provision of housing affordable to low- and moderate -income households requires
cooperation among all levels of government.
• Local and state governments have a responsibility to use powers vested in them to facilitate
• improvement and development of housing to make adequate provision for housing needs of
all economic segments of the community.
• The Legislature recognizes in carrying out this responsibility, each local government also has •
a responsibility to consider economic, environmental, and fiscal factors, and community
goals set forth in its general plan. Cities must cooperate with other local governments and
the State in addressing regional housing needs.
California State law requires that Housing Elements be updated at least every five (5) years. The
City of Newport Beach'has prepared the following updated Housing Element in compliance with the,
esta[dished'(extended)'200& deadline for"jurisdictions within'the Southern California Association of
Governments region.
Newport Coast Annexation
On January 1 2002, the City incorporated over 7,700 acres of the land between its southern
boundary and the Crystal Cove State Park. The updated year 2000 Housing Element was drafted
prior to the annexation of Newport Coast and therefore does not include a, detailed analysis of the
area's demographics or an inventory of vacant lands suitable for new affordable housing. Census
data is not available for Newport Coast since it was developed after the 2000 Census. However,
wherever possible, data pertaining to Newport Coast has been included in this Element. A more
comprehensive update will be initiated at the time of the next Housing Element Update. In addition,
the Regional Housing Needs Assessment figures for Newport Coast have been included as, well as
a discussion of the proposed programs intended to achieve affordable housing goals for the area.
Data Sources
Various sources of information have been consulted in preparing this Housing Element. The 1990
and 2000 U.S. Census provides the basis for population and household characteristics. Where •
applicable, the following sources of information have been used to supplement and update
information contained in the 1990 and 2000 U.S. Census:
• Population and demographic data from the State Department of Finance.
• School enrollment information from the State Department of Education and the Newport -
Mesa Unified School District.
• Housing market information, such as home sales, rents, and vacancies, as updated by City
surveys and property tax assessor files.
• Local and County public and nonprofit agency information on special needs populations,
available services, and systemic failures.
• Housing condition information provided by the City of Newport Beach.
• Orange County Progress Report (2000 and 2005) demographic information.
Organization of the Housing Element
This Housing Element has been divided into two sections as follows:
I. Community Housing Market Analyses 0
This section presents the most current available information pertaining to the following seven
• subsections: housing stock conditions, household characteristics including over -paying, over-
crowding, and; analysis and projection of population and employment; analysis of special
population groups; analysis of housing need; inventory of land suitable for residential
development; analysis of opportunities for energy conservation; non -governmental
constraints to housing production; and governmental constraints to housing production.
IL Housing Goals and Policies, Quantified Objectives, and Programs
This section has three primary functions: (1) to establish City housing goals and policies; (2)
to quantify the maximum number of housing units that can be constructed, rehabilitated, and
conserved over the eight year period between June 2000 and June 2008; and (3) to present
City housing programs, which represent a five-year schedule of actions to be implemented
by the City to achieve goals, policies, and quantified objectives of the Housing Element.
Government Code Section §65588 requires the review of the Housing Element as frequently
as appropriate and to evaluate effectiveness of housing goals, objectives, and policies in
contributing to attainment of the State housing goal. Additionally, the City is required to
evaluate effectiveness of the Housing Element in attainment of community goals and
objectives and its progress in implementation of its housing goals. This section provides the
required review and evaluation of the 1989-1994 Housing Element.
Public Participation
Opportunities for residents to recommend strategies for, and review and comment on the Newport
Beach Housing Element were an important component of the General Plan update, including the
• Housing Element. The State requirements for housing elements were reviewed with the General
Plan Advisory Committee (GPAC), a group of 38 citizens appointed by the City Council to review
policies in the updated General Plan. GPAC considered the need for housing in developing their
recommendations for the Land Use Element, and reviewed the draft Housing Element at a public
meeting on January 28, 2006. The Planning Commission and City Council conducted study
sessions on February 7, 2006 to review the draft element. Notification of the study session was
posted at various locations throughout the community and a '% page ad was placed in the local
newspaper inviting the public to attend. In addition, copies of the Element were made available for
review at various locations such as City Hall, the numerous libraries and the Newport Mesa Unified
School District offices.
A copy of the draft was sent to the State Department of Housing and Community Development after
comments from the Study Session were incorporated into the draft. After review and preliminary
approval of the draft by HCD, public hearings will be held before the Planning Commission and City
Council prior to adoption. Prior to all public hearings, notification was published in the local
newspaper, and provided by mail to individuals and interest groups listed in the appendix and to
Homeowner Associations and major known developers. Copies of the Draft were available for
public review at Newport Beach City Hall, all public libraries in the City and the Newport -Mesa
Unified School District administrative office. The document was also posted on the City's website.
Time Period Covered by the Housing Element
The Housing Element covers the RHNA allocation period of January 1, 1998 through June 30, 2008
(extended from June 30, 2005, by the State Department of Housing and Community Development).
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Review and Update of the Housing Element
The City of Newport Beach will review this Housing Element annually as part of its General Plan •
review to evaluate appropriateness of objectives, effectiveness of programs, and progress in
implementation. The Housing Element will'be revised again in 2008 in accordance with state law.
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I. COMMUNITY HOUSING MARKET ANALYSES
Housing Stock Characteristics
Residential Growth and Dwelling Unit Types
Between 1980 and 2005, 11,127 housing units were added to the housing inventory in the City of
Newport Beach. This indicates an average yearly increase in the housing stock of approximately 328
housing units. Since 1990, this rate of increase has slowed. Between 2001 and 2005, an average of
200 to 300 housing units per year was added to the housing stock with exception of 2003, which
included the annexation of Newport Coast.
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NET'AD0ITIONAL AND TOTAL HObSING UNITS,1980-2005 : ••, : `.
Year
Total Housing Units at
Beginning of Year
Net Change in Housing Units
1981)
31,016,
1981
32,249
152
1982
- , 32,401 -
- f 09 -
1983
32,510
225
1984
1985
32,843
216
•19813
33,059_
306
1987
33,365
971
:' i'1988.
34,33E
31;2'
1989
N/A
1"990
34,8.61
1991
35,275
414
. 1992
35;439
164
1993
35,527
88
1994
35,565
1995
35,598
33
- 1990
- - 35,631 -
33
1997
35,978
347
r,1998'
36,807 - _
829_
1999
37,044
237
2000 "•'.
37;567'
-'523
2001
37,779
212
rr_ :2003;
38 0Q9
230
2003
41,590
3581
a„ ",200;4..
,. .. � ' 41.,.851 , -:
-, _ • `' 251 ' . - -
2005
42,143
292
Sources:
City of Newport Beach
State Department of Finance, Population Research Unit. 2005
**Two year growth change
Total number of housing units as of January 1, 2005, was estimated to be 42,143. Mix and number
of housing of the City according to the State Department of Finance are shown on Table 2. •
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Number of Percent
Housin Unit T e Units of Total
Soli Nt Fatrt' De#e ` i{i .i flit_: boa.{
Single -Family Attached 7,166 17%
®l?..tEXtFpr ti'
Multi -Family 9,721 23.1 %
eHo e..ry . _ "'rir.! 111 'A-111"`ifl
k_1TY.TOTA ,,,€It a Iiei' =y ,{._1-flf�lj F
%e0urce., : ,. _ ,ate, s. rolt}b
Residential Densities
Residential densities in many older neighborhoods in the City of Newport Beach are very high,
according to City figures that were estimated by dividing residential acreage by current dwelling unit
counts.
Estimated Density
(D.U./ Net Acre)
ff
I O Hilt
West New ort
18.8
oaf[%.;;"
Old Corona del Mar
17.9
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In addition, many attached housing projects in the City were developed to maximize land usage.
Existing attached projects in the City and their densities are listed in Table 4.
TABLE -4
D�NSITI,BS dF /fiTTACHHD`HOUSING. .
Proiect
Gross
Acreage
Number of
Dwelling
Units
Dwelling
Units Per
Gross Acre
New ort Crest , : '
:; 38:0,
460 -,
Ba view Landin
_ 4:5
$20 --
26.7
Versailles Phase 1
6.8
255
37.5
Lido. Condortmini,ums
1.1,
54
490 „
621 Lido Park Drive
1.7
36
21.2
CaGibe -
1.3 '
48
36,9•
The Towers
0.5
28
54.3
Rendeivous _
0.75
24
32.0'
Coronado
32.3
1,446
44.8
Mariners' S uare
6.2
114
Park Newport
53.2
1,306
24.5
Promontory Point
32.8
520
15.8-
Ba view Apartments
5.4
64
11.8
i3a ' ort A artments' : i
, '; 5.3, _
104
19:6
Baywood Apartments
27.4
320
11.7
New o%t Terrace .' '
40:.0
281
7
Granville
10.2
68
6.7
Baypomt Apartrrieiits
20:36
300,
Bonita Canyon Apartments
57.70
1,052
18.2
The Colony
6.0
245
1 40.9
Source: City of Newport Beach Planning Department.
Housing Tenure
Tenure of housing in Newport Beach has varied as follows since 1980:
,..
Total Occupied
Renter
Units"
Owner. Occupied
Occupied
1980
27,820
14,888 53.5°/q
12,932 46.5%
1990
30,860
17,207 55.8%
13,653 44.2%
Z000
33,071
18 408 55.7%
14,663 44:3°/4
Sources:
1980, 1990, 2000 U.S. Census.
The percentage of rental housing in Newport Beach is higher than the corresponding figure for Orange
County. The latest data comparing rentals from the 2000 Census is as follows:
PERCENT OF R5N�1 twd-b ;t1PIEb tftf$'•
Percent of Rental Housing
ew "ort:Beach 44.3°/a
Costa Mesa 59.5%
Adii(li ton Beach 39A'°o `t
Laguna Beach 39.9%
,Orange County 38.6%
Source: 2000U.S. Census.
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Since 1960, (when only 36% of all occupied units were rented) the percentage of rental housing
is in
due to a sizeable amount of new rental construction. New construction subsided substantially
in the 1980s. Table 7 lists the major rental projects in Newport Beach.
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INAJOR RENAL PRQJEGTS
Anchorage Apartments
39
The Balboa -,Bay Club _
144" -
Baypoint Apartments
300
Bayport Apartments
104 z.
Ba view Apartments
64
Ba .view Landing A artments , .
120
Baywood Apartments
320
The,Beach House
226 z:
Fairway Apartments
74
New ort.Bluffs
-_ i;,052
Las Brisas
54
Mariners' Square _
11.4
Newport Marina
64
Nowport Nbrth .:.:.
570.
Newport Seaside Apartments-
25
New ort.Seacrest A artments
Newport Villa
60
Coronado Apartments- . '
1,446, -.
Park Newport
1,306
Proiiionto Poirit
520 ,
Seaview Lutheran Plaza
100
Se' uoia A artments
54'
The Colon
245
'The Terraces
S6
850 Domingo Drive
34
TOTAL: 25 projects
6,985 Units
Source: The City of Newport Be,,ach.Planning,Department
In addition, the City contains many rented duplex, triplex, and fourplex units in older neighborhoods.
Areas where this type of rental housing is predominant include West Newport, Balboa Peninsula,
Balboa Island, and Corona del Mar. One of the most recent new multi -family rental projects in the City is
the Bayview Landing project. Currently under construction, the affordable housing development
provides 120 units for very low and low income seniors.
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Condominium Conversion Ordinance
In the mid-1990s, the City of Newport Beach adopted a new ordinance to ease restrictions on •
condominium conversions. Easing restrictions on condominium conversions was intended to
promote the availability of first-time home buyer opportunities and to promote the rehabilitation and
preservation of smaller, more affordable housing units. Many rental units in certain areas of the
community were overcrowded and deteriorating due to absentee owners and the renting of units on
a weekly basis. Health and safety issues were also a concern given quality of life impacts resulting
from excessive noise, pollution and traffic in areas where weekly vacation rentals were prevalent. In
2005, the City became concerned that severe parking inadequacies of older apartment buildings
were being perpetuated through condominium conversions, and adopted ordinances restricting
condominium conversions to structures that provide the code required parking at the time of the
conversion. Under these ordinances, duplexes, and multi -family properties that are non -conforming
by way of parking cannot be converted to condominiums. It is likely that these regulations will slow
the rate of condominium conversions in the City.
The total number of condominium conversions approved since 1995 is 346 units. The following table
identifies the number of conversions each year between 1995 and 2005.
.::iEE 3ras'c• j i�It�ft�i .
1995µ 37
MINIM ilim,
WERUM
1997 20
1999 30
2001 43
2003 23
2005 51
Source: City of Newport Beach Planning Department
Vacancy Rates
The overall housing unit vacancy rate of the City of Newport Beach varied between 1980 and 2000 as
shown in Table 9.
•
12
•
•
d"
TABLE 9,
OVER'ALL'HOUSING UNIT VACANCY.RATE'.
NEWPORT BEACH, 1980-2000'
Vacancies as a % of Vacancies for sale as a
all housing stock % of all housina stock
Vacancies for rent as a
% of all housing stock
4980
1'0.1% 3,8"/0
- .:J
6.1d/o.'
1990
11.5% .8%
4.3%
2000
11.3% .9%
3.4%
' Sources: U.S,,Census 1980, 1900; 2000.
--Qfang&Qounty Progress Re • ort, 2000
The discrepancy between overall vacancy rates and vacancy rates among available units may be due
to the large number of seasonal units and second homes in Newport Beach. According to the 2000
U.S. Census, 1,994 of 4,217 vacant units were identified as "seasonal use."
To assist in administration of its condominium conversion ordinance, the City has conducted rental
vacancy surveys since 1979. From 1991 to 1996, this survey included only apartment vacancies.
Results of the most recent surveys and the 2000 Census are provided on Table 10.
TABLE 10,
C_ITY'RENTALRPARTMENT-VACANCY COMPARISON
Percent of Rental Units Vacant
1091 1992 1993 1994 - 1�995•' 1606 2000'
TOTAL 4.8% 4.6% 2.7% 4.3% 8% 4.4% 8.0%
Source: City of'New ort,Beach,Plannin ,De artment, 20,00 U;S. Census
Housing Condition
There has not been a comprehensive survey of housing conditions in Newport Beach since the 1976
Special Census for Newport Beach. That survey indicated only 1.3% of all housing units were deficient.
Three neighborhoods in the city contained concentrations of substandard housing. Of all housing units
on Balboa Peninsula, 5.1% were in substandard condition, while 2.5% and 2.6% of all units on Balboa
Island and in Newport Heights, respectively, were in substandard condition. Deficient units in this regard
are defined as deteriorated, dilapidated units, as well as those units inadequate in original construction,
or which were under extensive repair.
The lack of complete plumbing, kitchen, or heating facilities serves as a narrow indicator of substandard
housing conditions. Only a small number of homes in Newport lacked these basic utilities in 2000. The
2000 Census reported that 125 units had incomplete plumbing, 235 units were without a complete
kitchen, and 135 units had no heating facilities. However, it is the consensus of City staff that the
•
condition of housing in Newport Beach is considered to be very good. During 2000, through its ongoing
13
code enforcement program, the City Building Department identified only four properties in need of
repair. Extremely high property values and the lack of code enforcement cases indicate that property, .
owners within Newport Beach are, for the most part, conscientious about maintaining their properties.
Substandard housing does not appear to be a problem for the community at this point in time.
Illegal Dwelling Units
Illegal or "bootleg" dwelling units have historicallybeen a problem in Newport Beach, experienced
most,often in the older, beach -oriented areas of West Newport, Balboa Peninsula, Balboa island,
and Corona del Mar. These units are found in two typical forms: the "splitting" of a single dwelling
unit into two separate occupancies, and the conversion of garages to living space. These units
usually have a higher number of health and safety code violations than legal units, due to conversion
without proper building permits and, inspections.
Illegal units continue to be a problem today, but are less prevalent than in the past, due to increased
year round owner occupancy in these areas, and inspections which occur when properties are sold.
While it is difficult to estimate the number of illegal units, code enforcement personnel estimate that
as much as five percent of the City's housing stock may be in the form of illegal units. While not
considered to be safe and adequate housing, these units do provide living arrangements that tend to
be considered more affordable than legal units.
Accessory Dwelling Units
The City's Zoning Code includes provisions for "granny units" (accessory, age -restricted units) which
may be approved by the Planning Director in single and multi -family areas. Since adoption of the
City's "accessory dwelling unit" provisions, 18 age -restricted units have been authorized and twelve
constructed. •
Mobile Homes
There are presently 972 mobile home spaces in ten (10) mobile home parks in Newport Beach. Nine
of these parks contain 774 spaces occupied by permanent residents. The remaining homes are
occupied by persons who,use the units for vacations.and weekend visits to the area. In total, the ten
parks house 1,211 permanent residents. Space rents range from $500 to $3,000 (see Table 11).
The character of the City's ten mobile home parks varies. Three of the parks are located on or close
to Newport Harbor. These three ,parks appeal to retirees and a substantial number of spaces in
these parks are occupied by permanent residents. Space rents depend on location of the space in
relationship to the Bay and the size of the mobile home. One of these parks, Bayside Village, is
occupied primarily by retired, persons, a large portion of whom have occupied their mobile homes for
20 years or more. It should be noted that recently, many mobile homes in Cannery Village and some
in West Newport have been replaced with manufactured housing that is not affordable to low-income
and moderate -income individuals and families.
The State HCD is responsible for issuing permits for mobile home parks. The City of Newport Beach
has notified the State that mobile home units affordable to low- and/or moderate -income households
have been converted, or are in the process of converting to, market rate status and thereby may
lose their affordable status. To date, the State has taken no action regarding this continuing loss of
affordable housing.
0
14
•
MOBILE HOME PARKS
"
# of Spaces
Occupied
Mobile Home
Total
# of
by
# of
Park
# of
# of
Spaces!
Permanent
Permanent
Rent/
Site Address
Spaces
Acres
Acre
Residents
Residents
Month
Bayside Village
. ,
300 East Coast
'
Highway,
.' . 343- ,
24:6.6,-
. 1:3.91 ,
264_
448
$1,1'004000..
Beach and Bay
Current
7204 W. Coast
information
Highway
47
1.41
33.33
45
77
unavailable
Cannery, Village
' 700, Cider Park
Drive (replaced '
_
•
with.
,
manufactured '
homes
3.4
1.40, ,
24,29
33. , - -
61
TABLE 11
•
•
•
15
Four mobile home parks are located either in West Newport on the north side of Pacific Coast
Highway or in the West Newport Mesa. Space rents in these parks range upward from $500 per
month. Many of these mobile homes are older, having been in parks since their development in the
1950s or 1960s.
It should be noted that one mobile home park, the Beach and Bay Mobile Home Park at 7204 W.
Coast Highway, appears to be in substantial physical decline and could'be subject to redevelopment
or replacement within this planning period.
Group Homes
The term "group -home" as used by HCD is interchangeable with the City's definition of a "residential
care facility". Residential care facilities for six or fewer persons are permitted by right in all
residentially -zoned properties, in accordance with State law, and are treated as single family
residences.
Residential care facilities for 7 or more persons are permitted in the following zoning districts with
the approval of a use permit:
Commercial'Districts - RSC and -APF zoning. districts.
Industrial Districts - M-1 andM-1-A zoning districts.
Planned Community Districts - Property development regulations applicable to commercial
and industrial districts, related to residential care facilities and SRO residential hotel uses,
shall also apply to the corresponding portions of the PC Districts.
Residential care facilities for 7 or more persons are permitted in the following zoning districts, with
the approval of a Federal Exception Permit: •
• Residential Districts—R-1.5, R-2, and MFR zoning districts.
• Planned Community Districts - Property development regulations applicable to residential
districts, related to residential care facilities and Single Room Occupancy (SRO) residential
hotel uses, shall also apply to the corresponding portions of the PC Districts.
The establishment of residential care facilities is not restricted, beyond the provisions of the zoning
districts, nor is there a geographical spacing requirement or limitation on the number of residential
care facilities that may be located within an area. However, a required finding of approval for a
Federal Exemption Permit is that a "campus" would not be established in a residential zone if the
permit were granted. A "campus" is defined as 3 or more buildings in a residential zone within a 300
yard radius of one another that are used together for a common purpose where one or more of the
buildings provides a service for the occupants of all the buildings such as when one building serves
as a kitchen/food service area for the occupants of the other buildings. The required finding was
established to reduce the potential impact of the increase in traffic and number of commercial
vehicles entering and leaving the area to neighboring residents.
The use permit requirement for residential, care facilities of 7 or more persons within commercial and
industrial zones is justified because the impact of a semi -residential use on the surrounding
commercial or industrial area should be carefully reviewed to avoid any possible adverse impacts
and ensure compatibility between uses. The Federal Exception Permit for residential care facilities
for 7 or more persons within residential zones is, justifiable because the, typical occupancy load of
such a use would be larger than the typical occupancy load of conventional residential units •
permitted in residential zones and could impact the stability of the neighborhood. These provisions
16
should not result in an increase in the cost of housing. Rather, increases in the cost of housing are
• more directly related to the cost of land which is determined by the real estate market.
Assisted Housing Stock
Table 12 identifies developments by project name and address, type of governmental assistance
received, earliest potential date of change from low income uses to non low-income uses and total
number of elderly and non -elderly units that could be lost from City housing stock during 2000-2005.
In 1997, the Newport North Apartments converted from affordable status to market rate status, which
caused the loss of affordability of fifty (50) units.
The 28 affordable units within the Domingo Drive Apartment project are the result of a 1980 Settlement
Agreement between a developer and an affordable housing advocacy group. The agreement required
the units to be leased only to Section 8 certificate holders, at HUD fair market rents, for a period of 25
years. Realizing the agreement was soon to expire, the City contacted the current owner of the
apartment complex to negotiate the extension of the affordability period for the project with subsidies
from another housing developer needing to meet its inclusionary housing requirements. Unfortunately,
the current property owner was unwilling to extend the affordability period and the City is expected to
lose the 28 affordable units during the tenure of this Housing Element.
No other inclusionary housing units have expiring long-term use restrictions during the tenure of this
Housing Element.
The City has had policies in effect since the mid-1980s requiring the provision of affordable housing in
• association with all new residential developments where more than 4 units are proposed. Most were
provided within new or existing apartment projects. In some cases, an in -lieu fee was assessed when
the provision of housing was not feasible due to the small size of the development. The City also
facilitated the teaming of market rate and affordable housing developers to produce required
affordable housing. Over the last twenty years, this program has resulted in the provision of 620
affordable units.
•
17
TABLE 12
CITY OF NEWPORT BEACH ASSISTED ('AND AFF9RDABLI5) HOUSING SUMMARY
Project Name/ Location
Type of
Earliest
Potential Units'
Assistance
Possible Date
To Be Lost
Received
of Change
'Domingo Drive Apartments
8
2005
25
861 Domingo Drive
,Section
Very Low Income
,Newport Harbor Apartments
Section 8
2020
26
1638 Placentia
Density'Bonus
Low Income
CDBG
Newport Harbor II
Section,8
2023
14
Apartments
Low-income
Baywood
City Inclusionary
2010-
46 Low -Income
Housing
2011
Requirement
Newport Seacrest
Section 8
2016
65
Apartments
CDBG
Low Income
84310 Street
Fee Waivers
Tax Exempt
Financing
Newport Seashore
Section 8
2018
15
Apartments
Fee Waivers
Low Income
849 West I Street
Newport Seaside
Section 8
2019
25
Apartment
CDBG
Very Low Income
1544 Placentia
Fee Waivers
Seaview Lutheran Plaza
Section 202
(loan
100 Very Low
(Seniors only)
Section 8
expiration in
Income elderly
2800 Pacific View Drive
2002)*
Villa del Este
Section 8
2021
2
401 Seaward Road
Ownership
Moderate Income
Villa Siena
Section 8
2021
3
2101 15'' Street
Ownership
Low Income
Density Bonus
Source: City of Newport Beach Planning Department
* The Section 202 loan for this project expired in 2002, however, these
units are not at risk
of converting to market rotes due to City Imposed conditional use restrictions,
•
•
18
• Summary
The housing stock within the City of Newport Beach is comprised of a mix of housing types that cater
to a wide spectrum of owners and renters. The City has housing densities and rental opportunities that
are greater than that which can be found in the County as a whole. In addition, the housing stock is
well maintained with very few housing units being classified as deficient. Vacancy rates in the city are
adequate to accommodate changes in demand for housing within the city.
n
U
0
Housing Unit Projections •
According to the US Census, the population of Newport Beach in 2000 was 70,032 residents, excluding
the Newport Coast area. Updated information from the State Department of Finance estimates the
population in 2005 to be 83,120. Pursuant to the updated General Plan, ultimate residential capacity
within the City of Newport Beach will be 54,705 dwelling units, including the Newport Coast area. Future
residential growth will largely occur through infill development and reuse of existing and obsolete land
uses. As discussed in greater detail later in the document, the key sites for future growth include the
Airport Area, Newport Center, Banning Ranch, West Newport Mesa, and the Balboa Peninsula area
According to 2004 Southern California Association of Government (SCAG) projections, the population
of Newport Beach is anticipated to grow steadily over the next several years, increasing to 89,527
residents (39,443 households) by 2010.
The following tables were created to demonstrate housing and population trends based on past State
Department of Finance estimates. These estimates are supplemented with housing unit and population
projections based on estimates of actual construction. Estimates are for the period covered by this
Housing Element, 2000-2005.
�-`Z IE 4 ... e• i� S.
Ift,
s-
rRIIIIIIII
RE-Nkl
a .M_M:,L4-'PI t€ x ..lire:a
g IIf`m
TotalHousehold
Group
Population Population
Quarters
q
1985* 66,817 66.284
533
a— .. ;4t; ji??f`J4 6594iII
t
_
1995 68,920�68,199
721
2�a_ 74�tlrx,'
7€._
2005 83,120 82,180
940
urns t Ike 4'Cnt o� � e, � ulafid � �Ftese�rch
I, � �00�
•
ORN
n
LJ
0
•
TABLE 14 '
HOUS7NG'TRENDS; 1980-2005 •
Dwellin
: Uriit T e--
Total #
of Units
Single
Family
2 to 4
Mobile
5 or> Homes
Occupied
Units
Percent
Vacant
Pop/
Household
A680*'
3.1,016
17,490
7,149 --
5,7.B2` 61'5'.
28,282
8.81°l0
2,2$7
1985*
32,843
19,078
5,836
7,052 877
29,605
9.86%
2.239
1990
34,861-
20,767'
. 5;355'
7,792 9.47
30;800 -'"
'14.48,%
2.252
1995
35,598
20,776
5,637
8,238 947 _
31,512
11.48%
2.164
2000'
37,567
21,T47
5,743
9,1'30 . 947
33,255
11A8b/o'
2.252
2005
42,143
26,804
5,475
9,721 863
37,545
10.91%
2.19
`Sources:
State Departmentgf Finance; P6pulation,Research Unit;:2005 E
*199.2 Housing Element, City of Newport'Beach.
21
Population Trends •
The City rate of population growth exceeded the County rate of population growth through 1950.
However, since 1950 the City's proportionate gain in population has been substantially less than that of
the County. Annexations of the West Newport Triangle in 1980, a portion of Santa Ana Heights in 1987,
and construction of large housing developments helped to increase City population,6.5% between 1980
and 1990. Construction of housing developments contributed to an increase of City population of 15.2%
between 1990 and 2000. The City growth rate was projected to decline by 2000 and beyond as vacant
land becomes increasingly scarce. Population increases after 2000 generally were anticipated to be
accommodated through intensification of land uses and annexation of the Newport Coast and Santa
Ana Heightt-areas. Past and future populations of both Orange County and Newport Beach are
presented below. Newport Beach population will continue to constitute a decreasing percentage of the
County population.
TABLE 145',
POPULATION GROWTH
ORANGE COUNTY AND NEWPORT'OEACH, 1910=2010
Orange
Couhty
Newport Beach
City,Population as
Po ulation
Growth Rate Population Growth Rate
a,percentage of
County Pdulation
1910L
34,436
445
1.3%
1920
8T,375
78,2%
894
101%
1.5%
1930
118,674
93.4%
- 2,203
146.4%
1.8%
1940
130,760
10
2%
4,438
1'01.4%
3.4%
1950
216,224
65.4%
12,120
173,1 %
5.6%
1960
703,925
225.6%
26,5f5
119,2%
3.8%
1970
1,420,366
101.8%
49,442
86.1%
3.5%
1990
1,932,709
36.1%
62,556,
2115%
3.2%,'
1990
2,410,556
24.7%
66,643
6.5%
2.8%
2000*
2,828 400
17,3%
76,772
15,2%
2.7%
2010*
3,168,942
12.0%
83,737
9.1%
2.6%
2020
3,673 046
13.8%
88„676
5.6%
2.4%
Sources:
U.S. Census of Population and Housing -and California Department of Finance.
* Projected 2000 - 2010 Data - Orange County Progress
Report (2000).
Supply of vacant land to support new residential development in the City of Newport Beach has
diminished rapidly. Immigration, still a strong factor in population growth in Orange County, is a small
contributor to population growth in Newport Beach. Projected data for Orange County provides
additional evidence that vacant land throughout the County is diminishing. County population is
projected to increase by 13.8% between 2010 and 2020. The City of Newport Beach population is
projected to increase only &6% during that time period, representing a slowing of growth by almost
40%.
The 2000 Census estimates the vacancy rate to be 3.5% for Orange County in 2000. Of these vacant
,units, approximately 1% is used for seasonal, recreational or occasional use.
•
•
22
Use of units as second homes between 1970 and 1990 did not explain the reduction in population
• growth relative to increase in number of households. This trend instead was attributable to a sizeable
reduction in average size of City households. Average household size in 1970 was 2.6; the 1980
Census reported an average household size of 2.2. Between 1980 and 1990, this rate increased to 2.3
persons per unit. Decreases in household sizes are occurring in most communities in California. The
decrease in average persons per household between 1970 and 1980 and the increase in average
persons per household between 1980 and 2000 are shown below. This trend is consistent with the
trend in Orange County.
-•-•
- TABLE;16 ',
PERSONS PER OCCUPIED UNIT, 1970-20W
1970 1980 1990
2000
Newport Beach 2':6 - 2.2 2.3
2,25
Orange County 3.2 2.7 3.1
3.06
Sources: 1990 U.S. Census.
Orange County Progress Report
2000
Reduction in household size in Newport Beach between 1970 and 2000 had been the result of
increased numbers of persons 65 years of age and older and reduced numbers of child -rearing
households and child population in the City. This trend is documented by Table 17 ("Population by
Age, City of Newport Beach 1970-2000"). Table 18 further indicates a general aging of the
population of the City between 1990 and 2000. However, it also shows an increase in "under 5" and
• "5 to 13" age categories, which in part may explain the slight increase in numbers of persons per
household.
•
TABLE 17
POPULATION BY AGE,
CITY OF'NEWPORT BEACH;'1970-2000
Age
--
-
<5
5-13
14-17
18-34
35-64
65+
19.70
2,343 _
. 6,434
_ 3,799
13,389
18;602
4,859-
% of Total
4.7%
13%
7.7%
27.1 %
37.6%
9.8%
1976, --- :
.1;83.5
6460p
4,270
19;169' ,.
24;934
6;240'
% of Total
2.9%
10.3%
6.8%
30.5%
39.6%
9.9%
1980-
1,66,3 -
,.'. 5,1,35,
-'., ,3043.
.. 1'9;$42„
25„285 -
7,288
% of Total
2.7%
8.2%
6.1 %
30.9%
40.4%
11.7%
1990
'
'2,578
4,115
- - 2,197
1.9,573-
27,802 .-_
--10,518
% of Total
3.9%
0.2%
3.3%
29.4%
41.8%
15.5%
2000
2,941
5,890
2,291
16,245
30,457
12,198
% of Total
4.2%
8.4%
3.3%
23.1 %
43.5%
17.4%
Sources: 1970, 1980,
Newport Beach.
1990 and 2000 U.S. Census and 1976 Special Census for
' Percenta es ma
not add.to,1016% due, to.inde pendent rounding,
23
" These figures correspond to the age group 15-34.
In addition, public school enrollment in the Newport -Mesa Unified School District increased at a rate
significantly greater than population growth after 1990, as indicated on Table 18.
9N-,rj%
3 V 13G I1 t 7I EIRXV
1970 1980 % chan a 1990 % change 2000 % c ancle
K to 8 5,681 4,495 -20.9% 4,157 -7.5%
5,878 +41.4%
y �i}:
t"-"- iF'Jr.' 4
{ e E'ft'£i''w{
�{ "aL_ , 31�
`f {i' 3a
_�P
_ f{ilFi �i mat :ns: a,.f;; m _`
. ,d
Subtotal 8,980 8.194 -11.7% 6,528
-20% 9,254 +41.8
gwow:
K to 8 882 902 +2.3% Information not available
{
O "WEYA£E{P,....MB
Subtotal 1,039 1,102 +6.100
TOTAL 10,019 9,296
r ijl I o; �Jr�f�T[3tsf
"'E'T {
1i1 trJ
{_{�'
PZI
r�
u
a
•
Household Characteristics
Ethnicity
The following information is based on the most recent information (2000 Census of Population and
Housing) available for the City of Newport Beach, as supplemented with information from Orange
County Progress Report, 2000. The City of Newport Beach was more diverse racially and ethnically
in 2000 than in 1990. Persons who classified themselves as white in 1990 comprised 92.5% of the
City population. Those classifying themselves as Hispanic in 1990 comprised 4% of the City
population; in 2000 that increased to 6.2 %. The percentage of the City population who identified
themselves as black in 1990 was .2 %; in 2000 this increased to .5 %. Table 19 shows the 1990 and
2000 racial and ethnic composition of Newport Beach. Comparative figures for Orange County are
also provided.
-yCi TABLE 19
RACKL:AND
ETHNICCOMPQSITtON,
City of
—
'.NewportiBeach
County. of Orange
Race and
EthnicitV
Number
Percent
Number
Percent
White
1990
61,693
92.59/o
1,557,956,
64.6%
2000
64583
92.2A
J,,844,652-
64.8%- '
Black
1990
152
0.2%
38,825
.6%
2000
371
.5%
47,649
1.7%
AsianlPaeific
�
''Islander
.1990,
191.2
2,99/o
2,",.407 ':
10.1 %
2000'_
2,$04,
4.06, _ '
386,785-
13.6%,
Hispanic
1990
2,671
4.0%
556,957
23.1 %
2000
3,301
4.7%
875,579
30.8%
Other -
_ -
1990
21'5
' 0.3%
12;41'1'
0.59/o
2000- •
792 _
1.1%
421,2QB
14'8 %
Total
1990
66,643
100%
2,410,566
100%
2000
70,032
100%
2,846,289
100%
Sources: Orange County
Progress Report 20001 .Center- for
Demographic Research. U.S.
Census-2004.
Numbers are .rounded to' nearest decimal ;place- and
may not
add u
,to 1`00%,
25
TABLE 20
RACIAL AND ETHNIC COMPOSITION,
NEWPORT COAST
Newport Coast County
of Orange
Race and
Ethnici
Number Percent Number
Percent
White
2000
2,085 78.1% 1,844,652
64.8%
Black
2000
7 0.3% 47;649
1:7%
Asian/Pacific
Islander
2000
483 18.1% 386,785
13,6%
Hispanic
2000,
112 4.2% 875,579
30.8%
Other
2000
8 0.3 421,208
14.8 %
Total
2000
2,671 100% 2,846,289
100b/o
Sources: Orange County Progress Report 2000, Center for Demographic
Research. U.S.
Census-2000.
Numbers are rounded to nearest decimal place and may
not,add up to 100%
•
a,
L�
26
•
•
Table 21 shows 2000 Census ethnic data for the City of Newport Beach and the County of Orange by
head of household.
Newport Beach Orange County
t d a
� 0 q
I
n
Non -Minority
White
30,175 90.97% 605,493 58.65%
American
Indian,
Eskimo &
Aleut
74 0.02% 5,548 0.53%
tt r '
RINPKA I
j
�
t �._
36e1
Other
430 1.29% 111,111 10.76%
� �..._ . _. RI
TOTAL
33,169 1,032,322
#
I, ;...��,?,P..°E�i�,:.,ui,'}iiii
Source:
U.S. Census Bureau 2000.
Household Incomes
An important component of housing affordability is household income. Upper income households have
substantial discretionary income to spend on housing, low- and moderate -income households are more
limited in terms of housing they can afford. Median household income in Newport Beach traditionally
has been greater than that of Orange County. In 1990, City median household income was 31.5%
higher than County household median income. In 2000, City median household income had become
41.8% higher than County household median income.
a , - ,, :.
�
�,� � ":`'
�
���
��=
_. ram::
"• �.;;'.
Orange County
New ort Beach
% of Coun
".�
1990
$45,922
$60,374
+31.5%
2000
$58,820
$83,455
+41.8%
_.
27
Housing Affordability •
Housing affordability is best assessed by analyzing level of payment in comparison to ability to pay. In
2000, the majority of housing in the City of Newport Beach was priced over $500,000. Median value of
housing in the City was $708,200, according to the 2000 Census of Population and Housing. The most
recent survey data of amount of income spent on housing in Newport Beach comes from the 2000 U.S.
Census. For renters, 35% of renter households spent 30% or more of their income on rent. For
homeowners, 35% of households with mortgages spent 30% or more of their monthly income on
mortgage payments. Currently, lenders are allowing households to pay between 29% and 35%•of their
gross income for housing. Table 23 shows income spent on housing by income group, expressed
according to rent/mortgage as a percentage of income for households in the City of Newport Beach.
TABLE 23
INCOME GROUP HOUSING EXPENDITURE, 2000
Rent/Mort
a e as a % of
Income
<20% 21-24%
25-29%
30-34%
35%+
$049,999(Very
•Low
Renters
25
11
21
24
586
Owners
12
0
10
0
0
$10,0W$19,999(Very
Low
Renters
32
11
20
18
841
Owners,
53
7
26
27
513
$20,000-$34,999(Vety
Low
Renters
27
48
95
175
1,352
Owners
250
60
60
66
499
$36,000-$49,999 Low
Renters
153
189
375
306
897
Owners
339
74
58
39
526
$50;000+,
Moderate and Above Moderate
Renters
6,140 1,822
752
400
499
Owners
6,432 1,490
1,262
900
2,707
TOTAL,
Renters
6,377 2,081
1,263
923
4,175
Owners
7086 1,631
12711,406
11211,032
36864245
Sources:
U.S. Census, 2000; Southern California Association of Governments SCAG .
Cost of contract rental housing in the City of Newport Beach is higher than the cost of rental housing
in the County of Orange. Contract rent is monthly rent agreed to or contracted for, regardless of
furnishings, utilities, fees, meals, or other included services. Median contract rent in Orange County
was $923 in 2000. Median monthly rent in the City was $1,257 in 2000.
LJ
In its 1988 Regional Housing Needs Assessment, the Southern California Association of Governments
calculated that of 4,431 lower -income households, paid more than 30% of their income for housing.
According to SCAG estimates, 2,625 very- low-income households and 1,806 low-income households •
paid more than 30% of their income for housing. In 1990, 2,583 very low-income and 4,071 low-income
households paid more than 30% of their income for housing. "Low Income" households are those
households with annual incomes between 50 - 80 percent of the County median household income.
• "Very Low Income" households are those households with annual incomes of 50 percent or less of the
County median household income.
State and federal standards for housing overpayment are based on an income-to-housing'cost ratio
of 30% and higher. Households paying more than 30% of their incomes for housing have less
income remaining for other living necessities. Upper income households generally are capable of
paying a larger share of their incomes for housing; therefore, estimates of housing overpayment
generally focus on lower income groups. To distinguish between renter and owner housing
overpayment is important because, while homeowners may over extend themselves financially to
purchase a home, the owner always maintains the option of selling the home. Renters are limited to
the rental market and generally are required to pay the rent established in that market.
The number of higher -income households paying more than 30% of their income for housing is an
indication of unique standards of housing affordability in Newport Beach. In addition, a higher allocation
of income toward housing was perceived as justified because of investment qualities of housing in the
City. Also, higher expenditures on housing may be justified when tax advantages are considered and
incomes are expected to increase while housing expenses remain fixed.
Overcrowding
Overcrowded households are those in which the ratio of persons/room exceeds one (1). The
substantial reduction in the average household size in the City of Newport Beach in the last third of
the twentieth century indicates the majority of City households are not overcrowded in terms of
persons per dwelling unit. The 2000 U.S. Census figure is 1.9persons per dwelling unit. This figure is
• well below State and regional averages.
The 1990 U.S. Census indicated that in Newport Beach 66 (0.4%) owner -occupied units and 406
(2.8%) renter -occupied units included more than 1.01 persons per room. In 2000, these figures were
102 (0. 55%) for owner -occupied units and 513 (3.4%) of renter -occupied units. County of Orange
figures for 2000 show 7.8% overcrowding among owner -occupied units, and 28.3% overcrowding
among renter -occupied units.
•
29
Employment Trends and Projections •
The California State Employment Development Department estimated the total labor force among the
Newport Beach population in June 2000 was 45,780, of whom 44,990 were employed. Labor force is
defined as the number of people 16 years of age and older (who reside within the City of Newport
Beach) that are employed or are seeking employment. The Center for Demographic Research
estimated that in 1997 the labor market in the City of Newport Beach was as follows: agriculture (133);
mining (39); con'struction (2,046); manufacturing (2;533);'trahsportation and,public utilities (1,822); trade
(13,206); finance, insurance and real estate (9,980); services (26,657); government (1',902); and, self-
employed (5,661). This indicated a total of 63,979 jobs in the City of Newport Beach. Projected
employment opportunities in Newport Beach in year 2005 will be 73,241, according to the Center for
Demographic Research.
Table 24 compares Southern California Association of Governments City projected employment growth
(as presented in the Orange County Progress Report 2000) with projected employment growth for
Orange County. This reflects the number of jobs available within the City. Data related to employment
differ substantially between Center for Demographic Research and California State Employment
Division Development Department estimates. The 1997 number below is a California State
Employment Development Department calculation; the 2000-2020 projections are Center for
Demographic Research estimates.
TABLE 24
EMPLOYMENT=NEWPORT BEACH' AND ORANGE COUNTY
Newport
Beach
Orange
County
City Employment/
County Employment
' 19,97
63,979
1,370,323
4.7%
2010*
75,110
1,796,726
4.2%
2015*
76,980
1,8,97,350
4.1%
2020*
78,325
1,975,074
4,0%
Sources: Orange'County Progress Report 2000.
*California State Employment Development Department
The Center for Demographic Research has.indicated employment in the City is expected to increase by
9,262 jobs (14.5%) between 1997 and 2005. The projected countywide employment increase is
292,455 (21.7%) during that same period. The City will have about 4.4% of the jobs in Orange County
by year 2005.
Summary
Although employment opportunities within Newport Beach wili'continue to increase, those increases will
also continue to comprise a smaller percentage of the overall job creation within the County.
Consequently, additional demand for housing within Newport Beach will be as much a result of overall
employment growth within the County, as it would-be because of employment growth within the city.
•
•
30
• Special Needs Population Groups
Certain segments of the population may have a more difficult time finding decent affordable housing
due to special circumstances. The State of California defines "special needs" households as the
elderly, disabled persons, large families, female -headed households, farm workers, and the
homeless. This Housing Element has included students and people living with HIV/AIDS in the
special needs population. The Census Data from 2000 is not consistent in its identification of
special needs households versus individuals with special needs. In some cases, individuals may
qualify under several categories at the same time, e.g. a woman may be the female head of
household and be over 65 years of age. The best indicators for quantifying the special needs
population from the data indicate that in the City of Newport Beach in 2000:
12,649 people were 65 or older.
• 1,046 households were headed by females with children.
• 8,386 people were disabled..
• 41 people were farm workers.
• There existed an undetermined number of homeless.
Data from the 2000 Census of Population and Housing indicate the "special needs" population in
Newport Beach most in need of affordable housing is senior citizens (those at least 65 years of age).
A large percentage of Newport Beach senior citizens in 2000 had a work disability with a mobility or
self -care limitation. Demonstrated need for affordable senior housing has further been supported by
social service providers in Newport Beach, who maintain in interviews that such housing and
• transportation are the primary needs for senior citizens receiving social services.
Students attending the University of California, Irvine (UCI) or Orange Coast College (OCC) in Costa
Mesa also reside in Newport Beach. The UCI Student Housing Office has estimated that
approximately 800 UCI students reside in the City of Newport Beach. A comparable number of OCC
students are also assumed to reside in Newport Beach. However, any numbers obtained for
students should be considered with caution because both campuses stress they neither have exact
data on students living in Newport Beach, nor can they guarantee those students who claim to live in
the City actually do. The Student Housing Offices provide information to students on locating
housing but students do not necessarily obtain housing through the offices. Also, Student Housing
Offices have no way of tracking residences of students. Contact was made with the UCI
Transportation Office to attempt to ascertain the number of students traveling between UCI and
Newport Beach. However, that shuttle service was discontinued in 1999 due to lack of riders. This
may be due to most students having automobiles.
Is
The most recent study on housing costs completed by the University of California, Irvine Housing Office
was in 1988. That study was based on number of rooms and made no distinction between apartments
and homes. Rents then ranged from $596 per month for a one bedroom, one bath apartment, to $1,543
per month for a four bedroom, two -bath unit. Average cost of housing in Newport Beach typically
occupied by students has risen dramatically since completion of that study. Those costs for year 2000,
based on students helped, are as follows:
31
I
MI
. .�•�.._.. _...�E��i�'?-��i{i € ..._. rvt ��, .,...._ ._.._ `�l a t�t1}�i..P� _.._�'''=.x2��—.:I.' St ., �,.-
Studio-1 bedroom, I bath $900-$1,600/mo
3 bedroom, 2 bath $1,500-$2,,j400/mo
N,7+""'.I tt nr 11��1i,ji
I - ' '. �? - -� ita 1 a ,.
trroe T1t�Sttttfe� Horts�gnfc�rrnattorr' �' #AN.
Most students who reside off campus live in West Newport, Balboa Peninsula, or Balboa Island. Rent
prices on Balboa Island are higher than many other areas in the City of Newport Beach. Students afford
these prices by living with other students and sharing costs, a practice that may lead to overcrowded
conditions. No subsequent study of student housing has been conducted.
Persons with Disabilities
According to the 2000 Census, 8,386 persons in Newport Beach had a disability, comprising
approximately 12.5% of the population five years and older. Disabilities are defined as mental, physical,
or health conditions that last over six months. The proportion of individuals with disabilities increases •
with age. Approximately 6% of children and adolescents aged 5 to 20 had a disability, compared to
10% of adults aged 21 to 64 and 26% of seniors.
The most prevalent public need for persons with disabilities is access to public places, housing and
facilities. Those with handicaps include persons who are blind, deaf, mute, confined to bed or
wheelchair, or who require crutches. A survey conducted by the Dayle McIntosh Center for the
Disabled in 1987 questioned 14,000 disabled residents in Orange County. The study concluded the
two most prevalent housing needs for persons with disabilities are accessibility and affordability.
Mobility impaired individuals require special housing or structural needs. These include, but are not
limited to, wheelchair ramps, widened doorways, grab bars, and access ramps. Certain individuals may
require housing that has access to health care facilities. From available Census data it is not possible to
determine how many of these handicapped persons need housing assistance. The City has produced
two units designed for handicapped occupancy in one of its rent restricted, financially assisted housing
developments. Rental on these two units was restricted to allow use of Section 8 rental assistance
Certificates or Vouchers. These units also are located in close proximity to the largest concentration of
health care facilities within Newport Beach.
Female Head of Household
Single -parent households often require special consideration and assistance as a result of their greater
need for affordable housing, accessible and affordable day care, health care, and other supportive
services. Female -headed households with children in particular, tend to have significantly lower
incomes, lower rate of homeownership, and higher poverty levels than other types of households. •
32
Data from the 2000 U.S. Census indicates that there were 1,046 female -headed households with
• children under 18 years in Newport Beach. The data also revealed that 8.1% (99) of these
female -headed households with children were living below the poverty level. However, the extent of
poverty experienced by female -headed families in Newport Beach was significantly lower than the
countywide rate of 21.1 %.
Elderly
In 2000, the fastest growing segment of the County population was older adults (ages 65 and older).
Federal regulations stipulate senior citizens are presumed to have "presumptive benefit" for Americans
with Disabilities Act mandated provisions. Additionally, special housing needs of many elderly persons
result from lower, fixed incomes, physical disabilities, and dependence needs. The County of Orange
estimated that 8% of senior citizens in Orange County were homebound or shut-ins, and approximately
46% of the elderly residing in the County required some assistance to remain independent.
Since 1960, the elderly population in Newport Beach has grown steadily, and there is no indication
of this trend reversing. According to the 2000 Census, 12,295 persons in Newport Beach were aged
65 years and older representing 17.6% of the City's population. The percentage of older persons in
the City is large compared to the region. In 2000, only 9.9% of Orange County residents were 65
years of age or older. Due to aging "baby -boomers, the 65 years and older age group has been,
proportionately, the fastest growing segment of the total population in the previous two decades. The
number of elderly can be expected to increase as persons between the ages of 35 and 64 continue
to mature.
Many elderly persons residing in Newport Beach are long-time residents. However, many others have
arrived more recently to pursue a retirement lifestyle suited to the area's attractive locale. Those
. persons in the latter category generally are well -housed because their housing arrangement was
chosen to match their retirement lifestyle and financial situation. Persons in the former category are
more often living in houses purchased before real-estate prices increased dramatically. Many of these
individuals today would be unable to afford the house in which they are currently living. Furthermore,
these homes may no longer match their housing needs regarding space, maintenance, and proximity to
community facilities. Thus, persons living on low, fixed incomes may be "house rich" in terms of
accumulated equity in their homes, but poorly served by the housing unit itself. In such cases, elderly
residents may retain their houses only because they wish to remain in the community. Alternative living
arrangements in the community, such as smaller units close to commercial and transportation facilities
with some congregate services, would better serve the housing needs of this population segment.
According to the Housing and Urban Development (HUD) Data Book, 7,484 owner and rental
households in the City of Newport Beach were elderly and two -member households in 1990. These
households represented 21.5% of the total households in the City. Of the 7,484 elderly owner and
renter occupied households, 2,437 such households had problems as defined by HUD. Of the 2,437
households with problems, 1,170 had cost burdens greater than 30% of household income(s) and
1,267 had severe cost burdens of greater than 50% of household income. Of 1,880 elderly occupied
rental households, 1,223 had housing problems. Of these 1,223 renter households with housing
problems, 1,205 had cost burdens greater than 30% and 695 had severe cost burdens of greater
than 50%. Of 5,604 elderly owner occupied households, 1,222 had housing problems. Of 1,222
households having problems, 572 households had severe cost burdens greater than 50%.
2000Census data indicated that 412 elderly persons in the City were living below the federally
• established poverty line. Escalating housing costs, particularly in the rental housing market,
33
severely impact housing affordability for the elderly because many of the elderly live on fixed
incomes. •
Many residents in the City reside in mobile home parks. A number of long-time elderly residents live
in older parks developed in the 1950s and 1960s. Others live in mobile home parks close to the Bay
that cater to the retirement lifestyle.
Assistance for low-income elderly is a high priority for the City of Newport Beach. Additionally, there
are many social service programs whose clients include the elderly in Orange County. Including the
Section 8 "Certificate" and "Housing Voucher" programs administered by the Orange County
Housing Authority, Meals on Wheels, and various social service programs provided by and through
the City's OASIS Senior Center. A more detailed description of these programs is contained in the
Appendix to this Housing Element.
Large Households
Families are defined as groups of persons related by blood, marriage, or adoption. Households
represent all persons living together as groups, whether related or not. The City has identified total
households and families with five or more persons.
Table 26 shows distribution of number of persons per household as indicated in the 2000 U.S.
Census and demonstrates the number of large households in the City of Newport Beach comprises
only 4.5% of all Newport Beach households.
4 — i
Number of Persons Per Household Number of Households
,w(
.
2 { 12,996
DJ
4 2,769
ti ibNrl�!u�171f`a 7 �� ij
x47,...uciii
6 304
RK
Total Households 33,148
AMR
.... ilk
.T" ...,...._ . _... a s`.�ti ,•-ram-- -.�,
Homeless
Homelessness continues to remain a growing issue in the United States. Factors that contributed to
the increase in homelessness included a lack of housing affordable to low and moderate -income
persons and families, increases in number of persons whose incomes fell below the poverty level,
reductions in public subsidies to the poor, and de -institutionalization of the mentally ill.
34
Homelessness is a regional problem throughout Southern California. Homeless persons and families
• exist in every city and populated unincorporated area of Orange County. Various organizations,
institutions, and agencies often generate strikingly different calculations of homeless
individuals/families. This Element relies on information contained in the Orange County 2005-2010
Consolidated Plan (OCCP) which indicates in year 2004 there were 34,999 homeless persons in
Orange County, of which, seven percent are families with children.
The County has developed and assists in funding a housing and service delivery system —the
Continuum of Care —that responds to the needs of the region's homeless. The Continuum of Care
was established through a community -based process to ensure the region's residents and homeless
are empowered to affect changes in the existing social services system. The Orange County
Community Forum, Orange County Leadership Cabinet, and Orange County Department of Housing
and Community Development have shared responsibility for planning and implementing the regional
Continuum of Care. Orange County's 34 cities and various County agencies have committed more
than $22,800,000 in "mainstream" funds to meet the needs of the region's homeless. Although
programs are available to shelter and serve the homeless, service gaps remain in the County
Continuum of Care service delivery system.
According to the 2005 Continuum of Care Housing Gaps Analysis, Orange County has a total
homeless shelter bed inventory of 4,747, comprised of emergency shelter beds, transitional shelter
beds, and permanent supportive housing facilities for individuals and families with children.
Currently, 601 beds are under development. According to the 2005-2010 Orange County
Consolidated Plan, there is an unmet homeless housing need gap of 19,575 beds for homeless
individuals and 118,537 beds for families with children. The largest housing gap is for permanent
supportive housing. Additionally, there are current unmet needs (gaps) for individuals in the following
categories (expressed as estimated need/current inventory/unmet need (gap)): chronic substance
• abusers (6,328/1,018/5,310); seriously mentally ill (2,218/51/2,167); veterans (471/0/471); persons
with HIV/AIDS (2,029/33/1,996); victims of domestic violence (6,988/37516,613); and youth
(492/79/413).
Please note that homeless sub -populations do not total 34,999 because there are homeless who fall
into more than one sub -population category and/or not all homeless fall within the federal
Department of Housing and Urban Development designated sub -populations listed (e.g., homeless
families who are under -employed and unable to afford housing would not be captured under the
sub -population categories listed, but would be captured in the total homeless count of 34,999).
Local Strategy
The 2000 U.S. Census did not identify any homeless persons in the City of Newport Beach.
However, according to the Newport Beach Police Department, a few homeless and transients are
occasionally observed traveling through the City, and several have been observed staying in the
area overnight in drainage channels overgrown with vegetation. Although homeless and transient
persons only are occasionally found in Newport Beach, State law requires each jurisdiction to
provide adequate sites to facilitate development of emergency and transitional shelters.
Research of local agencies consisted of contacting those groups that provided assistance to persons in
need of emergency shelter and assistance. The City has been requiring Social Service agencies
receiving CDBG funds to provide information regarding the most recent permanent residence(s) of
• persons helped. This requirement was established as part of a Housing Element program
implementation action. In many cases better information has been provided; improved counting is still
35
required, agencies without expanded reporting requirements could not provide better information than
in 1986. These agencies that provide housing and other services for the homeless in the region include
the Orange County Housing Authority, the Orange Coast Interfaith Shelter, Saddleback Community
Outreach, the YMCA/YWCA, Friends in Service to Humanity, and the American Red Cross. Detailed
descriptions of services offered by these agencies are contained in the Appendix to this element.
Newport Beach allows emergency shelters and transitional housing subject to a Use Permit in all
multi -family residential and commercial zones. In terms of discretionary review, these uses are
considered Pgroup•homes",by-the City's Zoning Code. Housing -Program 5.1.4 promotes the City's
practice of continuing to allow emergency shelters and transitional housing subject to the provisions
in the Zoning Code. It should be noted that the Use Permit requirement is not considered a
constraint since it is no more restrictive than Use Permit requirements for other potentially conflicting
land uses in those zones. It should be noted that if the shelter has fewer than 7 individuals, then the
shelter is a permitted use in single-family zones.
The City's strategy to address homelessness in the City is to adopt the regional homeless,priodties
and strategies, listed herein, as its own. The City will continue to work with the area's Continuum of
Care (CoC) providers to address the CoC priorities and goals. In addition, the City continues to
utilize CDBG funds to support local and regional homeless and at -risk homeless providers
(Appendix 1). The following section provides the regional strategies that have been adopted by the
County.
Regional Strategy
The County of Orange has in place a comprehensive, coordinated, and regional Continuum of Care
strategy which includes the participation of all 34 cities in the County, County agencies, homeless •
housing and service providers, and other community groups (including non -profits, local
governmental agencies, faith -based organizations, the homeless and formerly homeless, as well as
interested business leaders) to identify the gaps and unmet needs of the County's homeless.
Leadership and coordination of Orange County's CoC planning process is the shared responsibility
of the Orange County HCS Department, Info Link Orange County, and the OC Partnership. Known
as the Community Forum Collaborative (Collaborative), this public -private -nonprofit partnership
helps ensure comprehensive, regional coordination of efforts and resources to reduce the number of
homeless and persons at risk of homelessness throughout Orange County. The cumulative role of
the Collaborative is to act as a regional convener of the year-round CoC planning process and as a
catalyst for the involvement of the public and private agencies that make-up the regional system of
care.
To facilitate their mission, the Orange County Continuum of Care Steering Committee and the
Leadership Cabinet were formed. This grassroots, community -based effort, in conjunction with a
comprehensive needs assessment, resulted in the development of funding priorities aimed to serve
the most pressing, unmet needs of the homeless in Orange County. Orange County's regional CoC
provides emergency, transitional, and permanent supportive housing, plus services, to address the
needs of. homeless persons and enable transition to independent living. The CoC system serves the
needs of the homeless through a range of nonprofit organizations (faith -based and community -
based), federal, state, and local governmental agencies, public housing authorities, local
businesses, schools and universities, law enforcement, private donors, and homeless/formerly
homeless persons.
11
1<
The CDC aims at ending chronic homelessness by 2012 through the following goals:
• Expand chronic homeless population served
• Expand services and shelter for chronic homeless veterans
• Community education and outreach
• Implement regional discharge plan
Farm Workers
The special housing needs of farm workers result from low wages and the seasonal nature of their
employment. The 2000 Census of Population and Housing estimated farm workers comprised less
than 0.2% of the population in Newport Beach and approximately 1% of the County population.
Therefore, demand for housing generated by farm workers in the City was nominal and could be
addressed adequately by overall housing affordability programs in the City and the County. This
remains the case in the City of Newport Beach.
People Living with HIV/AIDS
This Housing Element includes a brief narrative pertaining to an additional special needs population
not yet identified in state or federal legislation —people living with HIV/AIDS. Information contained
herein has been taken from the Orange County HIV/AIDS Housing Plan, 19991 prepared by AIDS
Housing of Washington for the City of Santa Ana, and adopted by the Orange County Planning
Council on December 8, 1999, and more updated information from the 2005-2010 Orange County
Consolidated Plan
According to the County of Orange Health Care Agency, 6,429 Orange County residents with AIDS
. were reported during the period of 1981 to 2003, and an estimated 3,099 persons were living with
AIDS. The population of persons with HIV/AIDS within Orange County tends to be regional in nature
rather than concentrated in a particular city. In addition, minorities and women account for increasing
proportions of Orange County cases.
For persons living with HIV/AIDS, access to safe, affordable housing is as important to their general
health and well-being as access to quality health care. For many, the persistent shortage of stable
housing is the primary barrier to consistent medical care and treatment. Persons with HIV/AIDS also
require a broad range of services, including counseling, medical care, in -home care, transportation,
food, and stable housing. Today, persons with HIV/AIDS live longer and require longer provision of
services and housing.
A variety of supportive programs and housing assistance for persons with HIV/AIDS are provided in
Orange County. The Housing Opportunities for Persons with AIDS (HOPWA) Program is a federally
funded housing program to address the specific needs of persons living with HIV/AIDS and their
families. Since 1993, the City of Santa Ana has administered the HOPWA formula grant for
communities in Orange County including Newport Beach. The Orange County HIV Planning Council,
established in 1987, provides adviee and makes recommendations to the County Health Officer
regarding HIV policy issues, and serves as the Ryan White Title I Planning Council, the Ryan White
Title II CARE Consortium, and the advisory body to the City of Santa Ana for the expenditure of
HOPWA funds.
• IOrange County HIV/AIDS Housing Plan Prepared by AIDS Housing of Washington for the City of Santa Ana, Adopted by the Orange
County Planning Council December 8,1999
37
In Orange County, the problem of homelessness among those living with HIV/AIDS is exacerbated
by the limited supply of affordable housing. The Orange County HIV/AIDS Housing Plan provides a •
framework for assessing and planning for the housing and housing -related support service needs of
persons with HIV/AIDS and their families. The HIV/AIDS Housing Plan surveyed persons with
HIV/AIDS. Despite the fact that most of the respondents were housed, 81 percent of all respondents
indicated they had a housing cost burden and half indicated theyhad a severe housing cost burden,
a sign of a precarious housing situation. The Housing Plan indicated that an acute need exists for
affordable permanent housing units and subsidized housing programs that are accessible to persons
with HIV/AIDS: As -of 2002, approximately, 524 emergency, transitional, and permanent housing and
vouchers were available to persons living with HIV/AIDS.
Additional programs that serve people living with HIV/AIDS through the County of Orange include
the Orange County Special Populations Action Team (SPAT) and the AIDS Drug Assistance
Program (ADAP). SPAT provides training, technical assistance; advocacy and
support to ensure that HIV prevention education and services are truly accessible to persons with
various disabilities, including those with HIV/AIDS. ADAP provides drugs• to individuals Who
otherwise could not afford them. The drugs provided by ADAP have been determined to prolong
quality of life and to delay the deterioration of health among individuals infected with HIV/AIDS.
Summary
The housing needs of the Special Needs population will be addressed through Goal 5 of this
element. The needs of the senior population are particularly recognized by the City and are
addressed by each goal of the Housing Element.
n
LJ
•
M.
0
Housing Needs
RHNA Allocation
In accordance with State Housing Element law, the Southern California Association of Governments
(SCAG) has prepared a Regional Housing Needs Assessment (RHNA) to identify the housing need
for each jurisdiction within the SCAG region. This model was prepared for the period 1998-2008
(extended from June 30, 2005, by the State Department of Housing and Community Development).
The RHNA allocates Newport Beach's share of housing units required to satisfy housing needs
resulting from projected growth in the region. To accommodate projected growth in the region,
SCAG estimates the City needs to target its housing unit production to accommodate 476 new
housing units. State law requires SCAG to distribute new units on the basis of income to avoid
further impaction of localities with relatively high proportions of low-income households. It also is
required that existing housing need be identified. SCAG identified this need by using the Department
of Housing and Urban Development (HUD) standard of overpayment. Households overpaying are
households with incomes below 80% of the County median household income and paying more than
30% of their income toward housing/ shelter. SCAG estimated existing need by applying percentage
.of overpaying households enumerated in the 1990 Census to current City population. Using this
method of estimation, existing need in Newport Beach is 476 dwellings. The tables below indicate
future need for housing in Newport Beach and its distribution by income group as calculated by the
RHNA. The "special needs" population in Newport Beach most numerous and in need of affordable
housing is senior citizens (age 65 and older). Twenty-six percent of this population has a disability
and three percent lived near or below the federal poverty level.
TABLE 27
t
PROJECTED REG)ONAL DEMAND IWNEWPORT BEACW,
.499& 2008
}
k.
Net Vacancy Demolition
Total Construction
Household Growth Ad'ustment Ad'ustment
Need
971 units - 669 units 174 units
476 units
Source: Southern California Association: of Governments,'.
TABLE,28•
TOTAL CONSTRUCTION NEE6 BY.iINGOAI
Very Low Low Moderate Above Moderate
Total
86, - 53 - $3 - 254
476'
18% 11% 17% 53%
100%
.-Source: Southern California Assoclation
of Goyer'nments
39
Coast Annexation
Newport Coast
The Newport Coast area, annexed to the City on January 1, 2002, is a planned community that was
approved by the County of Orange. With the annexation of Newport Coast in 2001, the City agreed to
transfer 945 units from the Orange County Regional Housing Needs allocation to the Newport Coast
area. This agreement was made since the Irvine Company committed to the County to fulfill its
allocation. However, since the County is still responsible for issuing building permits for the area, the
analysis on meeting the RHNA allocation does not include the 945 Newport Coast units.
n
LJ
•
m
Inventory of Land Suitable for Residential Development
The City of Newport Beach is not a residential developer and therefore must rely on private developers
or organizations that have the capacity to acquire and manage affordable housing or "at -risk' housing
developments.. The following section of the Housing Element provides an inventory of land determined
suitable for development of affordable housing.
In 2006, the City completed a comprehensive update of its General Plan including an update of the
Land Use Element. The General Plan recognizes that most of the City will be conserved with its existing
pattern of uses and establishes policies for their protection and long-term maintenance. However, the
General Plan identifies nine areas where substantive land use changes may be anticipated over the
next 20 years. Several of these areas provide an attainable opportunity to create over 7,000 new
housing units in the community. In addition, all of the new residential units will be subject to the
provisions of the City's Inclusionary Housing Ordinance. The City's goal over the remaining two years of
the planning period is for an average of 20% of all new housing units to be affordable to very low, low,
and moderate income households.
Since a limited amount of vacant land remains in the community, future housing development in
accordance with the update of the General Plan would be achieved through infill development and
reuse of sites with existing, possibly obsolete land uses. The land use changes in each of these areas
are presented in Table 30.
John Wayne Airport Area
• The Airport Area encompasses the properties abutting and east of John Wayne Airport and is in close
proximity to the Irvine Business Complex and University of California, Irvine. Existing uses include
research and development, office, high technology, industrial and commercial uses. Development in
the Airport Area is restricted due to the noise impacts of John Wayne Airport. Much of the southwestern
portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other "noise -
sensitive" uses. Additionally, building heights are restricted for aviation safety.
The updated General Plan provides for the maintenance and limited expansion of the currently
developed mix of uses. Additionally, it identifies this Area as one of the greatest opportunities in the
community to create new residential neighborhoods through the replacement of existing uses and new
construction on underutilized surface parking lots.
•
The General Plan establishes criteria for the development of up to four distinct neighborhoods oriented
around neighborhood parks, local -serving commercial uses and interconnected by a network of
pedestrian -oriented streets. The updated General Plan identifies the capacity for 3,300 housing units
as replacement and infill of office, retail, and/or industrial uses, with a combination of Mixed Use B2
(MU-132) and General Commercial (CG-C) land use designations.
The MU-62 designation provides for a horizontal intermixing of uses that may include Regional
Commercial Office (CO-R), High Density Residential (RH-B), Mixed Use (MU -A), General Industrial
(IG), hotel rooms, and ancillary Neighborhood Commercial (CN) uses. A master or specific plan will be
required to assure that the uses are fully integrated, supporting parkland are developed and impacts
from their differing functions and activities are fully mitigated.
41
The first phase of residential development in each neighborhood shall encompass at least 10 gross
acres of land, exclusive of existing rights -of -way. The 10 acres may include multiple parcels provided
that they are contiguous or face one another across an existing street. The 10 acre requirement may
be waived for projects of at least 5 acres if a master concept plan is prepared that integrates existing
and new uses into a cohesive mixed -use neighborhood and achieves the objectives for the Airport
Area.
The General Plan requires a minimum residential density of 50 units per net acre, averaged over the
first phase, for each residential village. -Potential units, include mix of building types ranging from
townhomes to high-rises apartments. The minimum density for subsequent phases of residential
development (including residential mixed -use development) shall be 30 units per net acre.
Newport Center
Newport Center is a regional center of business and commerce that includes major retail, professional
office, entertainment, recreation, and housing residential in a master planned mixed -use development.
Fashion Island, a regional shopping center, forms the nucleus of Newport Center. (Figure 3).
The General Plan identifies the goal of the creating a successful mixed -use district that integrates
economic and commercial centers serving the needs of°Newport Beach residents,and the sub -region,
With expanded opportunities for residential development, The General Plan creates a new residential
land use designation of Mixed Use B3 (MU-63) on the western and northern portion of the subarea.
These areas are 'located west of Newport Center and Santa Cruz Drive and north of Pacific Coast
Highway. It provides for the horizontal intermixing of Regional Commercial, Office (CO-R), hotel, High
Density Residential (RH-B), and ancillary commercial uses.
Up to 600 additional housing units are proposed for this area.'Density ranges for the RH-B land use
designation are 40A to 53.3 units per net acre (30.1 to 40 units per gross acre).
Banning Ranch
Located within the City's Sphere of Influence (SOI) in the westem-most portion of the Newport Beach
Planning Area, the Banning Ranch area encompasses approximately 518 acres, of which 465 acres
(includes 47 acres of water features) are under the jurisdiction of Orange County, and 53 acres are
within the jurisdiction of the City of Newport -Beach. The site is located within the coastal zone boundary
and is subject to the provisions of the Orange County Local Coastal Program (LCP). However, the site
is referred to as a "white hole" since the County's LCP does not provide land use designations for the
Banning Ranch area (Figure 4).
The updated General Plan prioritizes the retention of the Banning Ranch property as open space,
consolidating existing oil operations, restored wetlands and habitat, and a community park to serve
adjoining neighborhoods. However, due to the significant cost of purchasing the site and amount of
area that would need extensive habitat restoration, a large amount of revenue would need to be
generated to help fund preservation of the majority of the property as open space.
Should the -property not be acquired for open space, the Plan considers the possible development of a
mixed -density residential village, that would include open space, convenience commercial, and small
hotel uses. Revenue generated by this proposed development would help to fund preservation of the
majority of the site as, open space.
r 1
L.I
42
The General Plan designates the Banning Ranch Area as Open Space (OS) and Residential Village
• (RV). This designation provides for the development of a planned residential community that integrates
up to 1,375 single family detached, single family attached, two family, and/or multi -family residential,
units with supporting schools, parks, community services, local -serving convenience commercial uses
and services, and open spaces. Future development would require a master plan or specific plan to
depict the specific uses, development standards, density levels, infrastructure improvements, design
guidelines, and financial plan.
West Newport Mesa
The West Newport Mesa area contains a mix of residential, office, retail, industrial, and public uses. It
is immediately abutted by Hoag Hospital, the City of Costa Mesa to the north, and Banning Ranch to
the west. Hoag Hospital is a major activity center that continues to affect development in the area. It
generates a strong market for the development of uses that support the hospital's medical activities
such as doctors' offices, convalescent and care facilities, medical supply, pharmacy, and similar uses.
Retail commercial uses serve medical purposes, as well as nearby residents.
Northern portions of the area are largely developed with light manufacturing, research, and
development, and business park uses. The majority of properties between the industrial uses and
medical center are developed with multi -family uses, including a few mobile home parks. The latter
represent a resource of affordable housing in the City. These are interspersed with a school and other
civic uses. The area's considerable mix of uses is not always complementary, nor at its edges where it
abuts residential neighborhoods and other uses.
• The General Plan identifies future residential, medical offices and other facilities supporting Hoag
Hospital as a means to stimulate revitalization within the area. In addition, providing well -planned
residential neighborhoods will enable residents to live close to their jobs and reducing commutes to
outlying areas. Residential uses are within the West Newport Mesa area is permitted within the High
Density Residential.(RH-A) designation, which may include single-family attached, townhomes,
apartments, flats, and comparable units. Residential density levels range from 26.8-40 units per net
acre (20.1 to 30 units per gross acre) with a maximum height of five stories. Approximately additional
1,000 multi -family residential units can be accommodated in the Newport Mesa area under the new
General Plan (Figure 5).
Balboa Peninsula Area
The Balboa Peninsula area is comprised of a series of coastal districts linked by the Newport
Boulevard/Balboa Boulevard commercial and residential corridor. These include Lido Village, Cannery
Village, McFadden Square, Balboa Village, and surrounding residential neighborhoods such as Old
Newport Boulevard. The General Plan identifies the potential for new mixed -use development within
these areas (Figures 6 and 7).
Cannery Village
Cannery Village is the historic center of the City's commercial fishing and boating industry and contains
a mix of small shops, art galleries, professional offices, and service establishments. Recent
redevelopment activity within this area has be composed of new residential and mixed -development
such as Cannery Lofts, a 22 unit live/work mixed -use project. All of these units were market -rate, loft -
style ownership units. Older developments include some single-family residential units combined with
43
commercial uses on single lots. The updated General Plan, designates the Cannery Village Area as
Mixed Use B4' (MU-B4). 1 .
This land use category is specific to Cannery Village. Permitted uses include Medium Density
Residential (RM-C) and mixed use structures, where the ground floor shall be restricted to non-
residential uses along the street frontage and the rear and upper floors used for residential uses
including seniors units and overnight accommodations. Mixed use buildings are required on parcels at
street intersections and are permissible, but not required, on other parcels. Density rages for multi-
family- residential, uses.-are.20.14o 26.7 units per net acre. Mixed -use parcels have a maximum floor
area ratio of 1.5 with a minimumfloorarea to land area ratio of 0.25 and maximum of 0.5 for retail uses.
Lido Village
Lido Village is primarily developed with commercial uses including grocery stores, restaurants, salons,
home furnishings, apparel, and other specialty shops. It also includes Lido Marina Village, a pedestrian -
oriented waterfront development that includes visitor -serving commercial uses, specialty stores, and
marine uses. The guiding General Plan goal for Lido Village is to create a mixture of land uses within a
pedestrian -oriented village environment. To facilitate these uses, a portion of the Lido Village General
Plan sub area has been designated as Mixed -Use C2 (MU-C2) and Mixed Use A2 (MU-A2). The MU-
C2 designation is applied to waterfront locations in which marine -related uses may be intermixed with
buildings that provide residential on the upper floors. The floor area ratio range for mixed use buildings
is 1.5 to-2.0.
Interior parcels designated as MU-A2 may also contain mixed use buildings that integrate residential
with office uses. The floor area ratio range for mixed use buildings is 1.5 to 2.0.
Balboa Village •
Balboa Village has served as the center for recreational and'social actiVities'on the Peninsula. Many of
the existing land uses include retail uses are visitor -oriented and seasonal in nature, The Balboa
Village core is surrounded by residences, with isolated pockets of commercial uses scattered along
Balboa Boulevard. Balboa Village and the greater Peninsula have experienced a transition to year-
round residential occupancy while the visitor uses have continued. The General Plan calls for the
Village Core area to be designated as MU-A2 which provides retail commercial and mixed -use
buildings that integrate residential with ground level retail or office uses on properties. The floor area
ratio range for mixed use buildings is 1.5 to 2.0.
McFadden Square
McFadden Square surrounds the Newport Pier and extends between the ocean front and harbor.
Commercial land uses are largely concentrated in the strips along Balboa and Newport Boulevards,
with residential along the ocean front and marine -related uses fronting, the harbor. Numerous visitor=
serving uses include restaurants, beach hotels, tourist -oriented shops (t-shirt shops, bike rentals, and
surf shops), as well as service operations and facilities that serve the Peninsula. Historically, the area
has been known .for its marine -related industries such as shipbuilding and repair facilities and boat
storage on the harbor. Much of the McFadden,Square area is pedestrian -oriented, with storefronts
facing the street, the presence of signage at a pedestrian scale, and outdoor furniture, providing a
pleasant environment for visitors. The General Plan identifies a portion of McFadden Square west and
east of Newport Boulevard as Mixed Use-C2 (MU-C2). This designation provides for mixed use
buildings that integrate housing residential with ground level retail. The floor area ratio range for mixed
use buildings is 1.5 to 2.0.
44
Old Newport Boulevard
• Old Newport Boulevard was formerly the primary roadway leading into the city from the north,
containing a diversity of highway -oriented retail and office uses. The corridor is abutted by residential
neighborhoods to the east and Hoag Hospital west of Newport Boulevard. Today, the area is primarily
developed with commercial and professional offices including personal services, restaurants, and
specialty shops as well as auto -related businesses and service facilities. Many of these are
incompatible with the predominant pattern of retail service and office uses. Medical office uses have
expanded considerably during recent years, due to the corridor's proximity to Hoag Hospital, which is
expanding its buildings and facilities.
0
The General Plan goal for this area is to crate a corridor of uses and services that support Hoag
Hospital and adjoining residential neighborhoods including, on the east side of the Boulevard, mixed
use buildings that integrate housing residential above ground level retail or office uses and live/work
facilities. The General Plan designates Mixed Use A2 (MU-A2) on the east side of Old Newport
Boulevard. This designation permits mixed use buildings that integrate housing residential above
ground level retail or office uses and live/work facilities. The floor area ratio ranges between1.5 to 2.0
(Figure 8).
According to the General Plan approximately 1,000 to 1,300 new residential units could be
accommodated within these five coastal areas. This new development would be a mixture of multi-
family and mixed -use. Due to the high land prices within coastal areas, the majority of future residential
development is anticipated to consist of market -rate units. However, any future development would be
subject to SB 626 (Mello) and Newport Beach City Council polices that require provision of affordable
housing where feasible, in projects of 10 or more units and replacement of any low -and moderate
income housing that is demolished in the coastal zone.
45
TABLE 30
POTENTIAL
RESIDENTIAL
SITES
Dwelling
General Plan
Zoning
Unit
Density
Site Designation
Designation
Ca aci
du/acre
Vacant
.Banning '
(Newport) RV and OS
PC
1,375
development plan
Ranch*
InfilllMIxed Use
50 du/acre (Pt phase)
Airport Area MU-B2
PC and•APF
3,300
30 du/acre (subsequent
phase)
Newport MU-B3 (RH-B)
PC, MFR, APF
600
RH-B: 40.1 •to 53.3
Center!
du/acte net at&6
West Newport RH A
M-1-A,
MM-1-A,
1,000
26.8 to 40 du/acre"(itet
Meese
,
GEIF
afire)
Balboa Peninsula Area
11000.1,300 "
20.1 to"26.7 du/acre ,
Cannery Village MU-134
SP
(net acre). Mixe&Use t
FAR 1,5
•Lido Village MU=C2and
'
RSO
PAR: 1.5 (B��Q* � '
MU-A2
Balboa MU-A2
Village
SPA
FAR: 1.5 to
-
McFadden MC-C2
SPA
FAR: 1.5 to 2.0
Square
Old Newport MU-A2 (east
side of street
SPA,
FAR: 1.5 to
Boulevard only)k
TOTAL
7'275
7,575
Notes:
MU-B2 = ixed"Use•132
MU-83 = Mixed Use B3'
'
RV- Besid n6al Villa e
' '"•
PC = Plan ed Commdnil '
u'
16
APF=Ad riistrative Professiorial,Fi ahblifl
CMRe nal Cohimetcla ..:V "t • .� ..
; '
RH•B = Hi h Dbns1 Residential - ::,' • -
RH•A # 1:110Mbnsity, Retldentiaf -. _' _ •
'
MU1A2= Hied.Use A2 Z$". -
x ••
MU=U = Mixed Use+C2
MFR = MuIU-Famil Residential-' -
APF = Ad ihistrative, Professional, Fi ancial
GEIF = rhtnent Educational Institutional
OS # o en S hee
" Due to the high proportion of sensitive habitat areas, the actual number of buildable acreage will be determined
in subsequent studies to be conducted in accordance with state and federal regulations.
•
L-1
46
A
V
k�<v CMRIN.mttwmvdRkixWa
FNf.PkTCDt Ipi4Ji
1#.n 1>T.ZS
HOUSING ELEMENT
015 FIG. 2
NEWPORT CENTER
*I
n
U
HOUSING ELEMENT
FIG. 3
BANNING RANCH
m
a
� Ra
•
HOUSING ELEMENT
f FIG. 4
r WEST NEWPORT MESA
•
50
•
I•
�a�
� uy
�;Lpppp{
$u
o�
U y��
8
oj3�
9gaNB
wocu�,
u l
HOUSING ELEMENT
FIG. 5
BALBOA PENNINSULA, CANNERY
VILLAGE, LIDO VILLAGE, McFADDEN
SQUARE
51
°°NYy Y11
<,
°O'No.Na
e
g W
s
El
All P
61,
HOUSING ELEMENT
FIG. 6
BALBOA VILLAGE
•
u
52
r�
u
HOUSING ELEMENT
NEWPORT BOULEVARD
Energy Conservation Opportunities
• The City of Newport Beach fully enforces provisions of Title 24 of the California Administrative Code,
which require energy conservation in new residences. Standards in Title 24 create energy savings of
approximately 50% over residential construction practices utilized prior to the Title 24 enactment.
The City of Newport Beach Building Department is aware of energy conserving design innovations and
solar technology. The department utilizes the Solar Systems Code Review Manual and its companion
document, the Pool and Spa Solar Systems Code Review Manual, published by the International Code
Council (ICC) to facilitate installation of appropriate solar systems.
Under existing State law (the California Resources Code), local jurisdictions may adopt structural
energy conservation standards in excess of the existing State standard. Such an increase in,standards
would be of marginal value because of the moderate climate of the City of Newport Beach. Additionally,
increases in conservation standards generally increase housing costs and therefore exacerbate the
existing housing affordability concern.
The City's updated Natural Resources Element contains policies that promote energy efficient
construction for residential development and encourage the provision of energy alternatives such as
solar power. Any future residential development would be subject to the policies contained within the
General Plan.
A major concern pertaining to energy conservation is the relationship of housing to employment and
related affected transportation modes. Although specific energy savings are difficult to quantify because
of the myriad of variables involved in a transportation system, it is generally true that physical proximity
• between home and work saves transportation energy. Existing affordability concerns in Newport Beach
increase energy use by forcing workers employed within the City to seek less expensive housing
outside the City. New mixed -use development opportunities may help by reducing the length and
frequency of automobile trips and energy usage. However, the jobs/housing imbalance in the City
cannot be totally mitigated by increased residential development within the City.
L�
Newport Beach is not in an area of geothermal or significant wind activity and consequently cannot take
advantage of these "alternative" energy sources.
It appears that the City, through enforcement of Title 24 and sensitivity to innovative design, is
maximizing residential energy conservation opportunities.
54
Nongovernmental Constraints •
Community Attitudes
The citizenry in Newport Beach is well -organized through neighborhood homeowners associations and
community environmental groups. There exists strong public sentiment in favor of preserving the
suburban environment in the City.
Public sentiment is a constraint because of its influence on local officials and rbecause of the ability of
citizens to establish development policies and zoning through the initiative process. In November 2000,
an initiative passed in the City of Newport Beach that requires a general election be conducted to
approve General Plan Amendment applications that include increases of 100 or more dwelling units or
that would generate more than 100 peak hour trips. See Governmental Constraints for additional
discussion of this initiative.
Financing Constraints
Financing costs largely are not subject to local influence. Control of interest rates is determined by
national policies and economic conditions. Interest rates directly influence purchasing power of
home -buyers and cost of home construction through construction loans. Currently, interest rates are
at a level that enables many of the upper and middle economic classes to afford a home purchase.
However, the banking industry has adopted more conservative lending criteria for construction
loans, especially for multiple -family housing. These factors have influenced housing supply
throughout Southern California.
High interest rates substantially reduce home purchasing potential of households. New homebuyers •
find the housing product they can afford is substantially less than their expectation. Difficulty in
producing housing affordable to first-time homebuyers thusly is compounded.
While cost of production has increased, purchasing power of some customers has decreased due to
inflation, interest rate fluctuations, and limited choices for housing types. Because development costs in
Newport Beach are higher than in other areas of the State, housing is even further out of the reach of
first-time homebuyers.
With savings and loan institutions and other home loan lenders experiencing, higher costs in attracting
funds, it is extremely difficult for the fixed rate, long-term mortgage to be used as the primary mortgage
instrument for housing finance purposes. Consequently, variable rate mortgages, equity appreciation
mortgages, and other techniques are being promoted. This smorgasbord of "creative financing" helps to
maintain a higher level -of capital for housing than might otherwise be available.
Land and Construction Costs
Land costs and construction costs are significant components in housing cost. Land costs are a
function of the private market and are relatively .high due to the City's location near major
employment centers and the Pacifo-Ocean. ,Due to the built out nature of the City, vacant land that
is available for development of any kind and for affordable housing projects in particular, is nearly
nonexistent, and cannot be compared to surrounding jurisdictions. Construction costs also are set by
the private market and are influenced by a variety of factors including availability and price of
materials and labor, quality of construction, and amenities offered.
•
65
Cost factors (per square foot) used to estimate cost of new housing.in 2005 are approximately as
• follows:
Apartment Houses
Wood Frame $100.00 (average quality); $120.00 (good quality)
Single Family Dwellings
Wood Frame $120.00 (average quality); $150.00 (good quality)
Growing market demand for housing in Newport Beach and little remaining vacant land in the City has
had a strong impact on financial aspects of residential development in the City. The greatest impact of
this market demand on cost of new housing is seen in the price of residential land in the City.
Density increases often are used to offset high construction and land costs. Density increases may
decrease land costs on a per unit basis, but sales prices of units in Newport Beach indicate density
increases do not necessarily bring the cost of housing to consumers to a level that is affordable to lower
or even moderate -income households.
In addition, high residential densities involving buildings taller than three stories will greatly increase unit
marketability in many areas of the City because of the addition of a view factor. Regardless of square
footage or density, a unit with a blue water or white water view can be marketed as a luxury con-
dominium and command an extremely high price.
Higher land costs in the City are the main factor in higher square footage costs for housing provision.
High land costs also trigger higher costs in other areas of development. To balance land prices,
• developers must increase amenities within the housing unit as well as within the community area. Thus,
a higher land price is the factor that triggers increased development costs.
u
3M
Governmental Constraints
This section of the Housing Element addresses actual and potential City governmental constraints
on development of housing for all income levels. Such constraints include land use controls (zoning),
building codes and their enforcement, site improvements, fees and local processing, and permit
procedures. In many of these areas, localities have varying degrees of discretion to modify State
standards for local implementation and/or conditions. Included in this analysis are constraints
created by'specific State fdgulatioris.
As previously mentioned, there. is a relatively limited supply of vacant land remaining for development in
the City of Newport Beach. This limitation on the supply of land and accompanying existing urban
development patterns of the City shape City land use regulations.
Voter Initiatives
In November, 2000, the voters of the City of Newport Beach. approved a ballot proposition (Measure S)
called the "Greenlight Initiative." The initiative was designed to provide for voter approval of any project
that significantly increases density or intensity provided for in the Newport Beach General Plan. The
definition of significance is quantified as 100 or more dwelling units, over 100 peak hour trips, or 40,000
or more square feet of non-residential floor area. Measure S applies exclusively to General Plan
amendments. For projects with a General Plan amendment, Measure S could delay the effective
date(s) of discretionary approval(s) until the approval(s) are submitted to the Newport Beach electorate.
The time,frame forthe.potential delay(s) is controlled by the normal election cycle (every twoyears) or a
developer(s) willingness to fund a special election(s).
C�
Measure S may prove to be a constraint to development if a development proposal exceeds current •
General Plan levels, which may deter builders who look at increasing density levels as a way of making
housing more affordable. However, the initiative should have no impact on the City's ability to provide
density bonuses of up to 25% for affordable housing projects on sites already designated for residential
development, as the Land Use Element includes 200 units of "Miscellaneous Residential" that may be
used anywhere in Newport Beach and was included expressly to support the density bonus
requirement.
It is important to note, however, that Measure S will note have any impact on the allowed density
established for the vacant, affordable housing sites identified to meet the City's Regional Housing
-Needs Allocation. As indicated in the above paragraph, the Voter Initiative is only applicable when a
change to the existing General Plan is proposed.
Zoning
The City Zoning Code is complex but typical for an already highly urbanized community. The Code
uses a "district" concept appropriate to the diverse urban patterns and topography found in the City.
The Zoning Code contains five basic zoning districts (excluding Planned Community districts and
other specialized districts) to regulate residential uses within the City. These zoning districts are R-A
(Residential Agricultural), R-1 (Single Family Residential), R-1.5 (Restricted Two -Family
Residential), R-2 (Two -Family Residential), and MFR (Multi -Family Residential). Table 31
summarizes Zoning Code provisions for residential density, height, set -backs, and parking. Parking
requirements are also set forth by the California Coastal Commission.
•
57
•
•
TABLE_ 31
SUMMARY OF ZONING CODE PROVISIONS
BY DISTRICT:
PITY :gp N„EWPgRT BEACH •,_
R-1
Newport
(S.F. & R-1.5
R-2
MFR
Shores
Zone R-A Duplex) S.F.
(Duplex)
Multi.
Specific Plan
Hei ht� 24'/28' 24J28'; 24'/28`
_ .24J28'
' 28'/32'
124&&
5000 s.f.,
6000 for
Same as
Same as R-
Min. Lot Size 6000 s.f. corner lots 5000 s.f.
R-1
1
Same as R-1
Min Lot Width 125' -. 50U601 50'%60'
50'%60
501/60'
Same'as i2=1
1 1/2
Parking s aces/unit Same Same
Same
Same
Same
Floor Area RatO _ 1.5/2,0 1.6,,
1:.5/2.0
1.5/3.03
2- .
100% less
Same as R-
Lot Coverage 40% setbacks
1
Front Yard
MIn:/MaX 4', 20,"ft. - ., 20 ft•J35"ft. 20 ft,
20 ft.
20 fta
5' s
3' min/6'
Side Yard max 3' or 4' 3' or 4'
3' or 4'
3' or 4'
Same as R-1
1'5` min/25'
Rear'Yard$ -max 10' 10'
10'
10's
5's
10% of
Minimum Open Space W x H x 6'
W x H x 6'
W x H x6'
buildable
1200 s.f :(1 or
2 units)/1500"
Lot Area perDwe1jing 100,b s:f.
1000•8.f.
s.f: 3+ units
NOTES:
1: Lower number is the basic height limit, which can be increased to higher number upon approval of a
use permit in each case.
2: The 1 •$ FAR,applies to 0ld•0or0ga,delW6r and Bafboalsland only. FAR does nof•inciude;open
decks balconies or patios.
3: Excludes building area used for parking
4: Twenty feet, unless otherwise s ecified•on districGn ma s
s ecial and and buildingdistance requirements may apply
NOter
diIV, the
California C'oeistaGCommission•re uires.2 arkih' s aces er dviellih unit.
Source: City of Newport -Beach Planning be artment
Zoning Code requirements could be considered constraints to development because they place
demands on the land that limit space that could be utilized for dwelling units. However, zoning
standards are designed to protect the quality of life and provide, at a minimum, some access to
sunlight and fresh air. Access to air and sun are guaranteed through building setbacks, open space
• requirements, maximum building heights and floor area ratios.
58
The Newport Beach Zoning Code controls density for each zoning district through development •
regulations pertaining to land required per dwelling unit. In the older neighborhoods of the City,
density standards have not changed since 1936. Densities in the amount of approximately thirty
dwelling units per acre are still allowed in these areas. In the newer neighborhoods, developed since
the 1960s, single-family densities are generally less than 10 dwelling units per acres. The City's
Codes contain many procedures to grant relief from certain development standards which can be of
assistance in allowing higher densities. However, even if the City is willing to approve reductions in
some,of the zoning-regulations;.(such as,parking), the California Coastal Commission has similar
development requirements which Would still need to be complied with for properties in the Coastal
Zone. The updated Land Use Element calls for the Airport Areas to have a density of 50 units per
acre, average over the first phase for each residential village. The minimum density for subsequent
phased of residential development is 30 units per acre. However the Zoning Code will need to be
amended to achieve consistency with the General Plan.
Maximum density in the multifamily zone (MFR) is a function of the size of the lot. For example, a
minimum lot area per dwelling unit of 1,200 square feet applies, which translates to a maximum
density of 36 units per net acre.
The Subdivision -Process
Basic provisions of the City of Newport Beach Subdivision Code are similar to those of most
jurisdictions of similar size to Newport Beach. The Subdivision Code contains design standards that
provide minimum criteria for development. In some cases, the Code allows flexibility'in application of
its provisions and thereby potentially could reduce development costs. Examples of such cases are
allowances for the development of non -conforming lots and park fee waivers. The Subdivision Code
also addresses improvements (e.g., street trees, placing utilities underground, street lighting) that •
add to development costs. Additionally, the Newport Beach Subdivision Code requires dedication of
parkland and/or payment of in -lieu fees concurrently to recordation of a final subdivision map. This
requirement is made in compliance with State law, but also adds to costs of development.
Local Coastal Program
The Coastal Land Use Plan portion of the Local Coastal Program might be a constraint to providing
affordable housing. The Coastal Land Use Plan consists of land use designations and resource
projection and development polices for the Coastal Zone. The Land Use Plan policies result in
consistency with Chapter 3 ,of California Coastal Act, which addresses the planning and
management of coastal resources.
One of the major goals of the Coastal Act and the Coastal Land Use Plan is to assure the priority for
coastal -dependent and coastal -related development over other development in the Coastal Zone,
which is a constraint on residential development, particularly in areas on or near the shoreline. The
Coastal Land Use Plan indicates that areas Within the Coastal Zone designated for residential use
are to be used primarily for residences, but indicates certain incidental uses that (with proper
location and design) are appropriate within coastal areas with a residential designation. These uses -
are to be governed by requirements of the Newport Beach Municipal Code and, include senior citizen
housing facilities (whose occupancy is limited to elderly persons, as defined by State or Federal
law). In addition, the Coastal Land Use Plan contains restrictions applicable to twelve sensitive
habitat areas that limit potential residential development areas and that control and regulate
locations on new buildings and structures to ensure (to the extent practical) preservation of unique
natural resources and to minimize alteration of natural land forms along bluffs and cliffs.
r1
U
�T]
In 1981, the California Legislature enacted SB 626 (Mello), which added Government Code Section
• §65590 and eliminated certain provisions of the California Coastal Act that required local coastal
programs to include housing policies and programs; Section §65590 mandates coastal communities
require inclusion of low- and moderate -income housing as part of new residential developments and
replacement of low- and moderate -income housing eliminated as a result of demolition of existing
housing within coastal zones of those communities. On August 19, 1982, the Newport Beach City
Council adopted Council Policy P-1, establishing administrative guidelines and implementation
procedures to administer Section §65590 within the coastal zone areas of the City. This Policy now
is in the Zoning Code in Chapter 20.86 which establishes the requirement of a Coastal Residential
Development Permit for certain activities involving dwelling units within the Coastal Zone. This
permit ensures compliance with State law by maximizing low and moderate -income housing
opportunities within the Newport Beach Coastal Zone.
A Coastal Residential Development Permit is required in Newport Beach to demolish or convert
eleven or more dwelling units in two or more structures, to demolish or convert three or more
dwelling units in one structure, or to construct ten or more dwelling units. A Coastal Residential
Development Permit is not required for demolition or conversion of a residential structure to
establish a nonresidential use that is "coastal related" or "coastal dependent" and that is consistent
with provisions of the City of Newport Beach Local Coastal Program Land Use Plan. In addition, a
Coastal Residential Development Permit is not required to demolish a residential structure declared
a public nuisance or to reconstruct a nonconforming building damaged by fire, earthquake, or other
calamity when a use permit is not required.
The Newport Beach Municipal Code indicates replacement affordable units in the Coastal Zone shall
be provided on a one -for -one basis when demolition or conversion activities involve low and
• moderate -income dwelling units. Also, a feasibility study is required for new dwelling unit
construction of ten or more units when low and moderate -income dwelling units are not proposed at
affordability standards contained in this Housing Element. The test of feasibility shall be initially
conducted at the Housing Element standard and subsequently at progressively higher standards
contained in California State Health and Safety Code Section 50093. Furthermore, the City of
Newport Beach and the owner of the low and moderate- income dwelling units provided are required
to enter into an affordable housing agreement (to be recorded against the property) governing the
dwelling units.
Senior citizen housing facilities may require higher dwelling unit limits than normally allowed in the
Municipal Code. Such higher dwelling unit limits are allowed and are consistent with the Local
Coastal Program when a finding can be made that the use is a particular benefit to the City and that
traffic generated by the project is not greater than the predominant use allowed in the area. Senior
citizen housing facilities must conform to floor area limits of applicable residential zone(s).
Building Codes and Enforcement
Building codes regulate new construction and rehabilitation, and are designed to ensure adequate
protection against fire, structural collapse, unsanitary conditions and other safety hazards.. The City
Council adopted the 2001 edition of the "California Building Code," and also adopted and
incorporated by reference the 2001 edition of the "California Building Code" volumes 1, 2, and 3,
including all national codes and standards based on the 1997 Uniform Building Code, as published
by the International Conference of Building Officials. Chapter 11 of the California Building Code,
which establishes regulations for new multi -family construction projects pertaining to access and
• adaptability for persons with disabilities, is strictly enforced.
Ell
These building codes are the minimum standards for the health, safety, and welfare of citizens.
These codes and regulations are based on uniform standards and are applied throughout the region •
and therefore are not considered to significantly impact construction costs or constrain'the provision
of housing for person with disabilities. State, energy conservation regulations, which are cost
effective in the long term, may add to construction costs. There does not appear to be a need to
expand present code enforcement activities as indicated by few significant housing quality problems.
Although Chapter 11 of the California Building Code pertains only to new multi -family projects of 3 or
more, units,,,, staffrcurrentlycprocesses any and all voluntary proposals of ADA retrofits. If for any
reason an applicant should request an accommodation to the code for reasons related to a disability,
the Building Department is willing to closely examine the special needs of the applicant and consider
a hardship request or an alternative material, design, and methods, of construction request.
Impact Fees
The role fees play in constraining production of housing is difficult to measure, although fees can
affect housing prices in certain markets. The theory behind fees is that new development should
bear its own costs and these costs should be spread equitably. State law requires fees bear a
reasonable relationship to actual,costs incurred by a city. However, fees may add significantly to the
cost of a housing unit. To offset the cost of constructing housing units, the Newport Beach City
Council adopted a program that allows for the waiver of all application and park fees when
affordable housing units are proposed. In addition the Municlpal'Code allows for the waiver of fair
share trip fees. The City of Newport Beach fees for discretionary applications are compared to
discretionary application fees of various nearby cities in Table 33.
Development Permit Procedures
The City's permitting procedures are considered efficient with typical zone change requests reaching
completion in as few as 90 days if no environmental review is required. An environmental impact
report may require up to one year before a decision is rendered, which is within the time frame
established by state law. Conditional Use Permits and subdivision maps typically can be approved in
six to eight weeks, provided an environmental impact report is not required'. Planning, Commission
decisions on maps, and conditional use permits are final unless appealed within 14 days of the date
of decision to the City Council, or unless a member of the City Council within 14 days of the date of
decision requests to review the Planning Commission decision. Zone Changes require City Council
action.
It should be noted that the City does not impose a design review process and/or compliance with
any architectural design guidelines. The lack of this procedure further lends to an expeditious
approval process.
Although a "Reasonable Accommodation" procedure specifically for persons with disabilities seeking
equal access to housing is not currently in place, the City of Newport Beach does continue to
provide reasonable accommodation through the use of existing permit processing procedures. In
addition, the City recently adopted amendments to the Zoning Code which added a "Federal
Exception Permit" process which provides a mechanism for persons to request a "reasonable
accommodation" for the use of residential care facilities serving 7 or more persons within residential
zones.
Modification Permits
The City has a process to obtain a "Modification Permit". Whenever strict interpretation of the Zoning •
Code precludes reasonable use of a property, a modification permit may be issued to deviate from
61
0
the standards of the Code relating to building setbacks, size and location of parking spaces,
structural appurtenances or projections which encroach into setbacks, and related matters. A public
hearing will be set not less than 10 days nor more than 30 days after a completed application is
submitted to the Planning Department.
Request for Hardship or Request for Alternative Materials, Design, and Methods of
Construction
The Building Department has a process to approve hardship requests, as well as requests for
alternative materials, design, and methods of construction when strict compliance with the building
codes is impractical. These requests may be approved by the Building Official and Fire Marshall, or
their designated agent, if he/she determines that unique characteristics or conditions exist that make
compliance with the strict letter of the Code impractical and equivalency is provided. The resulting
condition must be in conformance with the spirit and purpose of the Code provisions involved and
such modification may not compromise fire protection, structural integrity or occupant safety. The
review of the request is based upon a written report that must be submitted describing the alternate
proposal along with applicable data.
Use Permit
Use permits are required for certain use classifications typically having unusual site development
features or operating characteristics requiring special consideration to ensure compatibility with
adjacent properties. A noticed public hearing is held by the Planning Commission within 60 days
after accepting a complete application. The Planning Commission has the authority to approve,
conditionally approve, or deny applications for use permits.
Applications for residential care facilities for 7 or more persons within commercial and industrial
zoning districts are processed through the use permit process. Conditions may be placed on the
project by the Planning Commission to ensure compatibility with surrounding uses. The City does
not maintain a standard set of conditions or use restrictions imposed on these residential care
facilities since each application should be evaluated individually and approved based upon its own
merits.
"
TABLE $2
COMPARISON
OF PERMIT FEES=NEARBY
JURISDICTIONS,
DECEMBER 2005
General Plan
Jurisdiction
Amendment
Zone Change
Parcel Map
Variance
Costa Mesa
$ 2,245*
$1,14.0.
$ 790
$ A
Huntington
$8,390 (minor)
$5,300
$1,460
$1,080
Beach
$11,150 major
Irvine
$118/hr. _-
_.. $11.8/hr
•$1181hr _ .
$1181hr
Laguna Beach
$1,210
$1,210
$690 + $275/lot
$180
Newport Beach,
$$125/hr,
$1251hr,
$ 7p0
$ $1.25/hr,
$2,200 deposit-
$2,200 deposit
$2;200 deposit',
(minor)
.' $$125/hr,
$5;000,,deposit
major
JAO
Orange County $10,000 deposit $10,000 deposit $5,000 $3,500
screen check
�Qit y�rE�FidttiNYia.� 1 �' (t} fi ePat e t§i v M1 - 7�'f'-re cEP
'n
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0
63
•
I*
California Environmental Quality Act
The California Environmental Quality Act (CEQA) was enacted in 1970, and requires governmental
agencies that propose to approve projects to undertake analysis of environmental impacts resulting
from that project.
The CEQA process can be lengthy, and project delays can increase costs to developers. Likewise,
costs to prepare environmental documentation necessary to satisfy CEQA can be quite high, and
traditionally is borne by the project applicant.
The CEQA process particularly affects Newport Beach due to rich natural resources in the area.
Concern for protection of natural resources within Newport Beach has in the past required, and will
continue to require, modifications to intensity of residential development and design of projects. The
City environmental review process is responsive, well coordinated, and meets CEQA requirements.
Review of this environmental reporting process for purposes of preparation of this Element illustrates it
is not excessive or overly restrictive according to state law.
M.
11. HOUSING PLAN: GOALS, POLICIES, QUANTIFIED OBJECTIVES, AND
PROGRAMS 4)
Analyses contained, in previous sections of this Housing Element provide the basis for the Newport
Beach Housing Plan, which is comprised of housing goals, policies, and programs. The plan places
emphasis on providing adequate opportunity for satisfaction of the City's remaining Regional
Housing Needs Assessment (RHNA) requirement of 145 units and 95 units for Newport Coast.
Additionally, the plan places emphasis on providing housing opportunities for special needs populations
in local (jurisdictional) and regional contexts.
The special needs populations most evident within Newport Beach and most easily quantifiable by
United States Census of Population and Housing are the elderly, the challenged (handicapped), and
female -headed households. Many of those Policies and Programs in this Housing Plan focus on
providing housing opportunities for the dominant Special Needs population —senior citizens (those 65
years of age and older). Senior citizens comprise a large component of the total special needs
population and have, as a group, many who are disabled, as well as live at or below the poverty level.
Special needs populations less evident and less easily quantifiable by the Census are the homeless
and people living with HIV/AIDS. The City of Newport Beach recognizes the homeless, in particular,
exist in every community but may be transient and therefore may more accurately be classified as a
regional special needs population rather than as a "City' special needs population. This is done in
acknowledgement that many categories of special needs populations are regional in nature rather than
confined to jurisdictional boundaries.
Goals and policies contained in this Housing Plan address the City of Newport Beach's anticipated
housing needs during the tenure of this Housing Element (1998-2008) and are implemented by a
series of Housing Policies and Programs. These Policies and Programs prescribe specific actions the
City of Newport Beach will take during the tenure of this Housing Element. The Housing Plan set forth in
this Housing Element contains an annotated description of future actions for each Housing Program
policy, the Program funding source, responsible agency, and time frame for implementation.
•
65
• General Review of 1992 Housing Element and Housing Activities, 2000-2005
California state law requires the City Housing Element be reviewed as frequently as appropriate and
that it be revised appropriately, but not less than every five (5) years, to reflect results of the review.
The last comprehensive revisions of the Newport Beach Housing Element occurred in 1992 and in
2000. All the following must be evaluated during a review of the Housing Element:
• Appropriateness of housing goals, policies, and programs in contributing to attainment of the
State housing goal.
• Effectiveness of the Housing Element in attainment.of the community housing goals.
• Progress of the City in implementation of the Housing Element.
When a City has land within the California Coastal Zone, review of its Housing Element must
consider housing pursuant to coastal requirements. This evaluation must include the following.
• Number of new housing units approved for construction within the Coastal Zone after
January 1, 1992.
• Number of housing units required to be provided in new housing developments within the
Coastal Zone or within three (3) miles of the Coastal Zone for persons and families of low- or
moderate -income, as they are defined in Section §50093 of the Health and Safety Code.
• Number of existing residential dwelling units in the Coastal Zone that have been authorized
to be demolished or converted since January 1, 1992 that were occupied by persons or
families of low or moderate income, as defined in Section §50093 of the Health and Safety
Code.
• Number of residential dwelling units required for replacement of units authorized to be
demolished or converted that were occupied by persons or families of low or moderate
income, as defined in Section §50093 of the Health and Safety Code. Location of
replacement units on site, elsewhere within the locality's jurisdiction within the Coastal Zone,
or within three (3) miles of the Coastal Zone within the locality's jurisdiction, must also be
designated in the review.
In the course of administering the Housing Element and preparing the 2000-2008 Housing Element
review and revision, the City determined that the previously adopted goals and policies continue to
contribute to the attainment of California State housing goals as well as the housing goals of
Newport Beach. As a result, most of those goals and policies have been retained to facilitate
attainment of the 2000-2008 City housing goals. Specific Housing Programs that have not been
effective have been revised or deleted. New Housing Programs have been added, and new housing
sites, consistent with the updated Land Use Element, have been identified.
According to the Regional Housing Needs Assessment for 1989-1994 produced by the Southern
California Association of Governments, the projected regional need for additional housing units in
Newport Beach was 2,062 total new units. The distribution of these new units according to income
• was as follows: Very Low Income (299 units); Lower Income (408 units); Moderate Income (359
units); and, High Income (996 units). According to Building Department records, 216 net units were
m
produced in Newport Beach during the period between January 1, 1989, and January 1, 1994, and
1,050 net units were produced in Newport Beach during the period between January 1, 1994, and •
January 1, 2000.
Newport Beach's adopted quantified objectives (which included an adjustment to RHNA) for the
period between January 1, 1989, and January 1, 1994, were to provide 2,371 total new units during
that time period, distributed as follows: Very Low Income (272 units); Lower Income (284 •units);
Moderate Income (647 units); and, High Income (1,168 units). Due to the lack of funding at the state
level forgenerating-new•RHNAfiguresofor+the 1994-1999 •cycle, the RHNA was extended through
the end of 1997.
Quantified objectives for the RHNA period of January 1, 1998 through June 30, 2008 (extended from
June 30, 2005 by the State Department of Housing and Community Development) were to provide
476 residential units. The total need for each target income group is as follows: Very Low- Income
(86 units); Low -Income (53 units); Moderate -Income (83 units); and, Above Moderate -Income (254
units).
Development of new residential units in projects considered to be major projects by the -City between
January 1, 1989, and January 1, 1994, totaled 240 units. The projected new construction was not
achieved because the City over projected development on some sites and the owner of large
parcels (The Irvine Company) did not construct new, units in the prescribed affordable range.
The Building Department maintains a detailed Building Activity Report for each fiscal year. The
report lists the total number of different types of construction permits issued, as well as the number
of demolition permits issued. Using this data, staff has created the following table illustrating the total
number of new additional units that were permitted during the RHNA period of 1998-2005. •
TABLE 34
TOTAL NUMBER OF NEW ADDITIONAL HOUSING UNITS PERMITTED
DURING PERIOD 1998-2005
FISCAL YEAR
NEW UNITS
DEMOLISHED UNITS
TOTAL ADDITIONAL UNITS
1 6T6 MONTHS OF 1998
315
180
135
1998-1999
1018
158
860
1999-2000
742
258
484
2000-2001
234
168
66
2001-2002
159
130
29
2002-2003
162
174
-12
2003-2004
198
1 162
36
2004-2005
329
1 170
1 159
TOTAL
3157
11400
11767
The City issued a total of 1,757 residential building permits during the 1998-2005 period. This
number well exceeds the total 476 units projected by SCAG. However, given the existing home and
rental prices within the community for market -rate units, the majority of these new housing units
were only affordable to upper income households. However, of the 159 building permits issued by
the City in 2004-2005, 120 of the new units are in the Bayview Landing Senior Affordable Housing
Project. With the exception of one "managers unit," all of the 120 units are, designated for very low
and low income seniors. This project received $1 million in funds from the City's "in -lieu" housing is
fund reserves. In addition, the City provided expedited permit processing, partial fee waivers of
67
entitlement fees and substantial entitlement assistance. Approximately $4.5 million in tax credits
• were also awarded to the project.
As displayed in Tables 34 and 35, Newport Beach has already fulfilled its requirement for low
income housing and above-moderate/upper income housing.
TABLE 35
REMAINING RHNA ALLOCATION,
1998=2.00.8
-
•INCOME CATEGORY ,_
VERY LOW •
; LOW
MODERATE
AWOVE MODERATE
TOTAL,
PROJECTEb NEED
86
53
83
254
476
TOTAL.NEW,-UNITS PERMITTED;;
1/98=6/05
24
95
0
1637
1757
REMAiNiNG NEED
62
0
183
0
146
New units constructed in small projects, including second units and "granny" units, and rehabilitated
units were estimated to be approximately 421 for the period January 1, 1989 to January 1, 1994.
The total number of units identified for rehabilitation was 3,016. Incomes of occupants of these units
cannot be determined by the City.
The City uses building permits as its sole source for quantitative records of housing rehabilitation.
However, it is impossible to ascertain which of the 2,521 building permits issued for remodeling
between January 1, 1989, and January 1, 1994, were for rehabilitating substandard units. The City
does not have a substantial incidence of substandard dwelling units. According to the 1990 Census
. of Population and Housing, there were:231 dwelling units lacking complete kitchen facilities, 111
dwelling units with no source of heating fuel and 91 dwelling units lacking complete plumbing
facilities The 2000 Census reported that 125 units had incomplete plumbing, 235 units were without a
complete kitchen and 135 units had no heating facilities. However, it is likely that a high number of the
substandard housing are illegal units
These units qualify as substandard dwelling units in Newport Beach, although the City does not
keep statistics on such types of units. The City defines "substandard" in terms of code enforcement
issues, such as garage conversions. Most rehabilitation in the City was accomplished without
involvement of the City because of the high land and unit values in Newport Beach. The City was not
involved in any property condemnation cases between January 1, 1989, and January 1, 1994.
The City indicated in its 1992 Housing Element that 9,172 total units would be conserved between
1989 and 1994 by applying the City Mobile Home Park Zone Ordinance, applying the Condominium
Conversion Regulations, and by applying Title 20 of the Municipal Code regarding replacement
housing.
The vacancy rate provision of the City's Condominium Conversion Regulations prohibited
applications for conversion of rental units to condominiums, and there were no conversions during
2001. Between the years of 1995 and 2005, a total of 346 apartment units were converted to
condominiums.
Subsequent to the tenure of the Housing Element of 1989-1994, the City took the following actions
• to implement its Program objectives:
M.
The City received and spent approximately $3.9 million of Community Development Block Grant
funds between 1996 and 2005/2006. •
• The City, between 1989 to 1994 and 1996 to 2005, participated in County of Orange
programs that provided housing and social services for special needs,populations.
• The City, during 1996- 2002 was involved in continuing negotiations with -the Irvine Company
and other residential developers for a senior residential project.
• The City collected $1,063,539 in -lieu fees for affordable housing from developers of market -
rate residential projects.
• The City contributed $1,754,119 from the in -lieu fee fund to the Bayview Landing affordable
senior housing project in 2003. the-City's remaining in -lieu fee fund balance is $1,329,420.
• The City established an Affordable Housing Task Force to work with other public agencies
and private parties to develop affordable housing projects.
The task force Was instrumental in The Irvine Company's agreement to provide for
development of the Lower Bayview Landing -site with up,to 120 units for very low- and low-
income senior citizens.
•
•
M.
Housing Element Coastal Zone Review
• The City of Newport Beach uses Section 20.86 of the Municipal Code to implement Government
Code Section 65590 et seq. Between January 1, 1989, and January 1, 1994, 190 new residential
units were approved for construction within the California Coastal Zone. Of these 190 new units, 24
were required to be developed and maintained as housing affordable to low-income and moderate -
income individuals and/or families pursuant to Section §65590. During the same time period, the
City permitted landowners to demolish 189 residential units within the Coastal Zone. Of the 189 units
demolished, none were occupied by low-income and/or moderate -income persons and/or families.
Newport Beach approved construction of 190 residential units in new housing developments in the
California Coastal Zone, which represents a total net increase of 1 residential unit and a total net
increase of 24 residential units affordable to low-income and moderate -income individuals and/or
families.
is
•
70
Year 2000-2008 Housing Plan •
Quantified Objectives
The Year 2000 Regional Housing Needs Assessment (RHNA) determined the City of Newport
Beach had a construction need for 476 residential units between January 1998 and January 2008.
The total need for each target income group is as follows: Very Low Income (86 units); Low Income
(53 units); Moderate.income.(83 units); and,. Above Moderate Income (254 units).
As of December 2005, the City has already fulfilled its requirement for above moderate income units.
With completion of the Bayview Landing project in 2006, the City will have a remaining RHNA
allocation of 145 units (83 moderate, units,and-62 very low units).
The Year 2000-2005 Housing Plan for Newport Beach has identified Goals, Policies, and Programs
that fulfill this construction need. Achieving the remaining RHNA allocation is expected to be
achieved through the future redevelopment of several key housing opportunity areas such as
Newport Center, Airport Area, Banning Ranch, West Newport Mesa, and the Balboa Peninsula area,
including Old Newport Boulevard. These areas could potentiallyaccommodate up to 7,275 to 7;575
new residential units. Many of these areas are at sufficient density levels that would facilitate the
development of affordable housing.
In addition, all of these, future units would be subject to the provisions of the City's Inclusionary
Housing Program. Since 2003, the City has been implementing an'Inclusionary Housing Program
through its Housing Element which requires 20% of the units to be affordable to very low and low
income and moderate households. •
According to the Inclusionary Housing Ordinance, the allocation of affordable units to either one of
three income.levels (very low-, low-, or moderate -income), will be based on the following allocation:
1. Very low-income households 11.5%
2. Low-income households 20%
3. Moderate -income households 30%
Projects where the proposal is for 50 units or less have the option of paying an in -lieu fee. One
thousand new affordable units could be developed in the community over the 20-year horizon of the
Land Use Element, more than exceeding the City's remaining RHNA allocation of 145 moderate -
and very low—income units. Affordable units shall be legally restricted to occupancy by households
of the income levels for which the affordable units were designated for at least 30 years.
In addition to the future residential sites identified within the General Plan update, all future
residential development citywide would be subject to the Inclusionary Housing Program and future
Ordinance.
Following is a matrix indicating the maximum number of housing units that should be constructed,
rehabilitated, and -conserved during the tenure of the Year 2000 Newport Beach Housing Element.
L�
71
•
•
•
TABLE 36
HOUSING GOALS, 2006=2008
INCOME GROUP
REMAINING RHNA
(Newport Beach
REMAINING RHNA
(Newport Coast)
REHABILITATION
CONSERVATION
Very Low Income
62
0
150
Low Income
0
95
0 .
1169
Moderate Income
83
0
2
Above Moderate
0;
0,!
0',
TOTAL
145
95
0
319
The City has adequate capacity to fulfill its remaining RHNA requirement of very -low and moderate -
income units through future residential capacity identified as part of the General Plan update, and
the City's Inclusionary Housing Program requirements.
Newport Beach Housing Element: Goals, Policies, and Programs
Goals for the City include the following: promoting quality residential development through
application of sound planning principles and policies that encourage preservation, conservation, and
appropriate redevelopment of housing stock; providing a balanced residential community that
contains a variety of housing types, designs and opportunities for all economic segments of the
community; extending ownership opportunities to as many households as possible, particularly
those of moderate and upper incomes because these comprise the greatest demand; preserving
and increasing housing affordability, through rental housing, for very low- and low-income
households; and, providing housing for special needs groups. The policies and programs described
below focus on providing appropriate and affordable housing opportunities and related services to
the special needs populations most in need of such in Newport Beach, that is, in particular to senior
citizens. Additionally, the policies and programs (particularly under Goals 3, 4 and 5) will ensure that
the City will meet its remaining RHNA for very low, low and moderate income of 145 total new units
for Newport Beach and 95 total new units in Newport Coast.
For purposes of defining income groups, the Housing Element follows the regulations of Title 25
(Housing and Community Development) of the California Code of Regulations, §6910 through
6932. The income groups are defined as follows:
Very Low —Income: 50% or less of the area median income, as adjusted for family size by
the United States Department of Housing and Urban Development.
Low -Income: 50%-80% of the area median income, as adjusted for family size by the United
States Department of Housing and Urban Development.
Moderate -Income: 80%-120% of the area median income, as adjusted for family size by the
United States Department of Housing and Urban Development.
Above Moderate —Income: 120% + of the area median income, as adjusted for family size
by the United States Department of Housing and Urban Development.
The following affordability standards shall apply to rental and ownership housing:
72
• Maximum household income shall be determined by number of persons in a family or
household. •
• Income shall be in conformance With the limits set forth in 25 C.C. R. §6932.
• An efficiency unit as if occupied by one person; a one bedroom as if occupied by two
persons; a two bedroom as if occupied by four persons; a three bedroom as if occupied
by six persons; and a four bedroom as if occupied by eight.
• Rents for very low—, low-, and moderate -income households shall be no more than 30%
of the income limits set forth in §6932. The selling price of an ownership unit shall be no
more than 3 times the buyer's income. Units may be sold to buyers with qualifying
incomes for the limited sales price without regard.to the ,number of persons in the family.
Specific Goals, Policies, and Programs of the Year 2000 Newport Beach, Housing Plan
follow.
CONSERVATION AND IMPROVEMENT OF HOUSING
GOAL 1 QUALITY RESIDENTIAL DEVELOPMENT AND PRESERVATION,
CONSERVATION, AND APPROPRIATE REDEVELOPMENT OF HOUSING
STOCK
Policy 1.1 Support all reasonable efforts to preserve, maintain, and improve availability •
and quality, of existing, housing and residential neighborhoods, and ensure full
utilization of existing City housing resources for as long into the future as
physically and economically feasible.
Housing Program 1.1.1—Improve housing quality and prevent deterioration of existing
neighborhoods by strictly enforcing Building Code regulations and abating Code
violations and nuisances.
Responsibility: Planning Department, Building Department the City Attorney and
Code and Water Quality Enforcement.
Housing Program 1.1.2—Participate with the Orange County Housing Authority and' Housing and
Community Development Division in their administration of rehabilitation loans and
grants for low- and moderate -income homeowners and rental property owners to
encourage preservation of existing City housing stock.
Responsibility: Planning Department.
Housing Program 1.1.3—Require replacement of housing demolished within the Coastal Zone
when housing is or has been occupied by low- and moderate income households
within -the preceding 12 months. The City shall prohibit demolition unless a Coastal
Residential Development Permit has been issued. The specific provisions
implementing replacement unit requirements are contained in the Municipal Code.
Responsibility: Planning Department. •
73
VARIETY OF HOUSING OPPORTUNITIES
• GOAL 2 A BALANCED RESIDENTIAL COMMUNITY, COMPRISED OF A VARIETY OF
HOUSING TYPES, DESIGNS, AND OPPORTUNITIES FOR ALL SOCIAL AND
ECONOMIC SEGMENTS
Policy 2.1 Encourage preservation of existing and provision of new housing affordable to
very low, low- and moderate income households.
Housing Program 2.1.1—Maintain rental opportunities by restricting conversions of rental units to
condominiums unless the vacancy rate in Newport Beach for rental housing is an
average 5% or higher for four (4) consecutive quarters, and unless the property
owner complies with condominium conversion regulations contained in Chapter 20.83
of the Newport Beach Municipal Code.
Responsibility: Planning Department.
Housing Program 2.1.2—Take all feasible actions, through use of development agreements,
expedited development review, and expedited processing of grading, building and
other development permits, to ensure expedient construction and occupancy for
projects approved with low- and moderate -income housing requirements.
Responsibility: Planning Department and City Council.
Housing Program 2.1.3—Review and waive planning and park fees, and modify development
standards (e.g. parking, setbacks, lot coverage, etc.) at the discretion of City Council
• and Planning Commission for developments containing low- and moderate -income
housing in proportion to the number of low- and moderate -income units in each entire
project.
Responsibility: Planning Commission and City Council.
Housing Program 2.1.4—Participate with the County of Orange in the issuance of tax-exempt
mortgage revenue bonds to facilitate and assist in financing, development and
construction of housing affordable to low and moderate -income households.
Responsibility: Planning Department.
Housing Program 2.1.5—Conduct an annual compliance -monitoring program for units required to
be occupied by very low-, low-, and moderate -income households.
Responsibility: Planning Department.
Policy 2.2 Encourage the housing development industry to respond to housing needs of
the community and to the demand for housing as perceived by the industry,
with the intent of achieving the Regional Housing Needs Assessment
construction goals within five (5) years.
Housing Program 2.2.1—Require a proportion of affordable housing in new residential
developments or levy an in -lieu fee. The City's goal over the five-year planning period
is for an average of 20% of all new housing units to be affordable to very low-, low-,
• and moderate -income households. The City shall either a) require the production of
the housing units affordable to very low-, low- or moderate -income households, or b)
74
require the payment of an in -lieu fee, depending on the following criteria for project
size: •
T. Projects of fifty or fewer units shall have the option of providing the units or paying
the in -lieu fee.
2. Projects where more than fifty units are proposed shall be required to provide the
units.
All required very low—, lbw-,' and moderate -income units shall be provided on -site
unless at an off -site location approved by the City. Implementation of this program will
occur in conjunction with City approval of any residential discretionary permits or
Tentative Tract Maps. To insure compliance with the 20% affordability requirements,
the City will include conditions in the approval of discretionary permits and Tentative
Tract Maps to require ongoing monitoring of those projects.
Responsibility: Planning Department, Planning Commission and City Council.
Housing Program 2.2.2—The City shall provide more assistance for projects that provide a higher
number of affordable units or a greater level of affordability. More than 20% of units
shall be affordable when assistance is provided from Community Development Block
Grant funds or the City's in -lieu housing fund.
Responsibility: Planning Department, Planning Commission and City Council.
Housing Program 2.2.3—For new developments proposed in the Coastal Zone areas of the City,
the City shall follow Government Code Section 65590 and Title 20.
Responsibility: Planning Department and the City Council. •
Housing Program 2.2.4—All required affordable units shall have restrictions to maintain their
affordability for a minimum of 30 years.
Responsibility: Planning Department, City Attorney and City Council.
Housing Program 2.2.5—Advise existing landowners and prospective developers of affordable
housing development opportunities available within the Newport Banning Ranch,
Airport Area, Newport Center, West Newport Mesa, and Balboa Peninsula areas.
Responsibility: Planning Department.
Housing Program 2.2.6—Periodically contact known local developers and landowners to solicit
new affordable housing construction.
Responsibility: Planning Department,
Housing Program 2.2.7—Participate in other housing assistance programs that assist production of
housing.
Responsibility: Planning Department.
Policy 2.3 Approve, wherever feasible and appropriate, mixed residential and commercial
use developments that improve the balance between housing and jobs.
Housing Program 2.3.1—Study housing impacts of proposed major commercial/industrial projects •
during the development review process. Prior to project approval, a housing impact
75
assessment shall be developed by the City with the active involvement of the
• developer. Such assessment shall indicate the magnitude of jobs to -be created by the
project, where housing opportunities are expected to be available, and what
measures (public and private) are requisite, if any, to ensure an adequate supply of
housing for the projected labor force of the project and for any restrictions on
development due to the "Greenlight" initiative.
Responsibility: Planning Department and Planning Commission
ADEQUATE RESIDENTIAL SITES
GOAL 3 HOUSING OPPORTUNITIES FOR AS MANY RENTER AND OWNER OCCUPIED
HOUSEHOLDS AS POSSIBLE IN RESPONSE TO THE DEMAND FOR HOUSING
IN THE CITY
Policy 3.1 Mitigate potential governmental constraints to housing production and
affordability by increasing the City of Newport Beach role in facilitating
construction of moderate- and upper -income ownership housing.
Housing Program 3.1.1—Provide a streamlined "fast -track" development review process for
proposed affordable housing developments.
Responsibility: Planning and Building Department
Housing Program 3.1.2—When a residential developer agrees to construct housing for persons
• and families of low and moderate income above mandated requirements, the City
shall either (1) grant a density bonus or (2) provide other incentives of equivalent
financial value.
Responsibility: Planning Department.
Policy 3.2 Enable construction of new housing units sufficient to meet City quantified
goals by identifying adequate sites for their construction.
Housing Program 3.2.1—Identify the following sites as adequate, which will be made available
through appropriate zoning and development standards and with public services and
facilities needed to facilitate and encourage development of a variety of housing types
to meet City housing goals as identified pursuant to Government Code Section
§65583(b): Banning Ranch, Airport Area, Newport Center, West Newport Mesa, and
the Balboa Peninsula areas Responsibility for achieving this program is that of the
Planning Department and City Council.
Housing Program 3.2.2—Update Zoning Code to reflect housing opportunities provided in the Land
Use Element.
Responsibility: Planning Department, Planning Commission and City Council.
Housing Program 3.2.3—When requested by property owners, the City shall approve rezoning of
developed or vacant property from non-residential to residential uses when
appropriate. These rezoned properties shall be added to the list of sites for residential
development. •
76
Responsibility: Planning Department, Planning Commission and City Council.
•
PROVISION AND PRESERVATION OF AFFORDABLE HOUSING
GOAL 4 PRESERVATION AND INCREASED AFFORDABILITY OF THE CITY'S HOUSING
STOCK FOR VERY LOW—, LOW-, AND MODERATE -INCOME HOUSEHOLDS
Policy 4.1 Encourage the extension of the affordability contracts for the developments
listed in Table 12 (City of Newport Beach Assisted Housing Summary) of this
Housing Element beyond the years noted.
Housing Program 4.1.1—Periodically contact owners of affordable units for those developments
listed in Table 12 to obtain information regarding their plans for continuing
affordability on their properties.
Responsibility: Planning Department.
Housing Program 4.1.2—Consult with the property owners regarding utilizing CDBG funds and in -
lieu housing funds to maintain affordable housing opportunities in those
developments listed in'Table 12.
Responsibility: Planning Department.
Housing Program 4.1.3—Prepare written communication for tenants and other interested parties
about Orange County Housing Authority Section 8 opportunities to assist tenants and
prospective tenants to acquire additional understanding of housing law and related .
policy issues.
Responsibility: Planning Department.
Housing Program 4.1.4—Investigate availability of Federal, State, and local programs (including in -
lieu funds) and pursue these programs if found feasible, for the preservation of
existing low-income housing, especially for preservation of low-income housing that
may increase to market rates during the next ten (10) years. A list of these programs,
including sources and funding amounts, will be identified as part of this program and
maintained on anon -going basis.
Responsibility: Planning Department.
Policy 4.2 Maintain and preserve existing City housing stock and improve energy
efficiency of all housing unit types (including mobile homes)
Housing Program 4.2.1—Investigate the .use of Federal funds to provide technical and financial
assistance, if necessary, to all eligible homeowners and residential rental property
owners to rehabilitate existing dwelling units through low- interest loans or potential
loans, or grants to very low, low- and moderate -income, owner -occupants of
residential properties to rehabilitate existing units.
Responsibility: Planning Department.
n
U
77
Housing Program 4.2.2—In accordance with Government Code Section 65863.7, require a
. relocation impact report as a prerequisite for the closure or conversion of an existing
mobile home park.
Responsibility: Planning Department and the State of California. (The State will
determine acceptability of the relocation impact report).
Housing Program 4.2.3—Should need arise, consider using a portion of its Community
Development Block Grant funds for establishment and implementation of an
emergency home repair program. Energy efficient products shall be required
whenever appropriate.
Responsibility: Planning Department
Housing Program 4.2.4—Participate as a member of the Orange County Housing Authority
Advisory Committee and work in cooperation with the Orange County Housing
Authority to provide Section 8 Rental Housing Assistance to residents of the
community. The City shall, in cooperation with the Housing Authority, recommend and
request use of modified fair market rent limits to increase number of housing units
within the City that will be eligible to participate in the program. The Newport Beach
Planning Department shall prepare and implement a publicity program to educate and
encourage landlords within the City to rent their units to Section 8 Certificate holders
and to make very low-income households aware of availability of the Section 8 Rental
Housing Assistance Program.
Responsibility: Planning Department.
• Housing Program 4.2.5—Participate in a Joint Powers Authority of Orange County jurisdictions for
the purpose of financing and administering a lease purchase program for first-time
homebuyers.
Responsibility: Planning Department and City Council.
HOUSING FOR SPECIAL NEEDS GROUPS
GOAL 5 HOUSING OPPORTUNITIES FOR SPECIAL NEEDS POPULATIONS
Policy 5.1 Encourage approval of housing opportunities for senior citizens and other
special needs populations.
Housing Program 5.1.1 Apply for United States Department of Urban DevelopmentCommunity
Development Block Grant funds and allocate a portion of such funds to sub -recipients
who provide shelter and other services for the homeless.
Responsibility: Planning Department and the City Council.
Housing Program 5.1.2—Cooperate with the Orange County Housing Authority to pursue
establishment of a Senior/Disabled or Limited Income Repair 'Loan and Grant
Program to underwrite all or part of the cost of necessary housing modifications and
repairs. Cooperation with the Orange County Housing Authority will include
continuing City of Newport Beach participation in the Orange County Continuum of
Care and continuing to provide CDBG funding
78
Responsibility: Planning Department and the City Council.
Housing Program 5.1.3—Permit, where appropriate, development of "granny" units in single-family •
areas of the City
Responsibility: Planning Department.
Housing Program 5.1.4—Consistent with development standards in residential and commercial
areas, permit emergency shelters and transitional housing under group housing
provisidns•in,its Zoning-Codw ' ,
Responsibility: Planning Department.
Housing Program 5.1.5—Work with the City of Santa Ana to provide recommendations for the
allocation of HUD Housing Opportunities for Persons with AIDS (HOPWA) funds
within Orange County.
Responsibility: Planning Department.
Housing Program 5.1.6—Maintain a list of 'Public and Private Resources Available for Housing
and Community Development Activities."
Responsibility: Planning Department.
FAIR HOUSING
GOAL 6 EQUAL HOUSING OPPORTUNITIES FOR ALL RESIDENTS
Policy 6.1 Support the intent and spirit of equal housing opportunities as expressed in •
Title VII of the 1968 Civil Rights Act, California Rumford Fair Housing Act, and
the California Unruh Civil Rights Act.
Housing Program 6.1.1—Contract with an appropriate fair housing service agency for the provision
of fair housing services for Newport Beach residents. The City will also work with the
fair housing service agency to assist with the periodic update of the Analysis of
Impediments to Fair Housing document required by HUD. The City will continue to
provide pamphlets containing information related to fair housing at the Planning
Department counter.
Responsibility: Planning Department and City Attorney.
Housing Program 6.2.2—Support fair housing. opportunities by using Community Development
Block Grant funds whenever necessary to enact Federal, State, and City fair housing
policies.
Responsibility: Planning Department.
79
PROGRAM MONITORING
• GOAL 7 EFFECTIVE AND RESPONSIVE HOUSING PROGRAMS AND POLICIES
u
•
Policy 7.1 Review the Housing Element on a regular basis to determine appropriateness
of goals, policies, programs, and progress of Housing Element implementation.
Housing Program 7.1.1—As part of its annual General Plan Review, the City shall provide
information to the City Council on the status of all housing programs. The portion of
the Annual Report discussing Housing Programs is to be distributed to the California
Department of Housing and Community Development in accordance with California
State.
Responsibility: Planning Department.
[E
APPENDIX 1
SOCIAL SERVICE PROGRAMS •
The following programs are located in, and near, the City of Newport Beach and serve many
Newport Beach residents, including the elderly.
Orange County'Housing Authority (2043 North Broadway, Santa Ana) offers rental assistance for
elderly and non -elderly in the County. The Section 8 "Certificate" and. "Housing Voucher" programs
were established by Federal law. Both provide rental assistance for low-income persons (those
having incomes 80% 'or'less rof the County median income) in need of decent, safe, and sanitary
housing. The "Certificate" program requires families pay a portion of their rent, but an amount not to
exceed thirty (30) percent of their adjusted income. Total amount of the rental unit must be approved
by the Housing Authority based on utilities, location, and the condition of each rental dwelling.
Additionally, total rent must fall within Housing Authority Fair Market Rent limits. It should be noted
that United States Department of Housing and Urban Development regulations were modified in
October, 2000 to allow Section 8 monies to be used for home purchases in addition to rental
assistance.
The "Housing Voucher" program allows families to pay more than 30 percent of their adjusted
income toward rent should they wish to rent a housing unit that has a rent greater than Fair Market
Rent. Families pay the difference between the rental price of the dwelling and the Housing Authority
portion of the rent. The Housing "Certificate" Program (which will be combined under a "New
Voucher" Program by October 1, 2001) provides rental assistance for families renting housing units •
that charge Fair Market Rent. No assistance is provided to the renter beyond Fair Market Rent
should the renter choose a unit more expensive than Fair Market Rent. The Housing Authority does
not have figures on how many elderly are waiting for assistance, but has indicated that
approximately 5,000 people are on a waiting list to obtain assistance.
Although the following service organizations do not provide housing for the elderly, those
organizations provide services to the elderly that assist the elderly in affording housing in Newport
Beach.
Meals on Wheels, a Home Delivered Meals Program —provides hot meals to elderly shut-ins and is
available in Newport Beach. This Program is administered by South County Services, which has
indicated it serves 30 —35 congregate meals daily at the OASIS Senior Center in Newport Beach and
delivers 3 meals daily to 23 (approximately 17,250 total meals annually) Newport Beach residents.
OASIS Senior Center (800 Marguerite Avenue, Corona del Mar) —This is a multi -purpose center
dedicated to meeting needs of senior citizens and their families. OASIS estimates as many as 75
percent of its clients are residents of Newport Beach. OASIS offers classes in art, exercise, mature
driving, topics of enrichment, and computers and arranges social 'groups for those who share
hobbies and interests. The Center travel department coordinates day and overnight trips. OASIS
offers transportation programs (3 vans) for Newport Beach seniors who have disabilities that limit
their access to public transportation. This shuttle program provides transportation from senior
citizens' homes to the Senior Center. A Care -A -Van program is available for those senior citizens
who require transportation for medical appointments, grocery shopping and banking. OASIS
distributes information about job openings that might interest seniors who wish to supplement their •
retirement income or to remain active through part-time work. OASIS offers various health services
81
for seniors. Support groups meet regularly at the Center to help senior citizens and their families
• cope with stress, illness, life transitions, and crises. Informational and supportive counseling is
available to seniors and their family members on an individual basis. OASIS also offers a lunch
program for active and homebound senior citizens ages 60 and older that is funded by the Federal
government through the Older American Act. A donation is requested for meals, which are provided
by South County Senior Services.
The year 2000 operating budget for OASIS Senior Center was $470,000. Funding sources for
OASIS include the following: the City of Newport Beach; Friends of OASIS, a non-profit support
group that contributes approximately $200,000 annually to OASIS and funds other special events,
services through grants; and, fees charged for some classes offered, facility rental, and
transportation.
South County Senior Services (24300 El Toro Road, Building A, Suite 2000, Laguna Woods) is a
regional non-profit charitable organization that has as its mission to promote, advocate and improve
quality of life, dignity, and independence of the elderly. This organization serves approximately
10,000 seniors annually in its combined programs. South County Senior Services receives funding
from federal grants, project income, MediCal, client fees, USDA, funding drives, and special events.
South County Senior Services provides medical treatment programs for adults eighteen years or
older with disabilities or impairments who are at risk of institutionalization, including nursing services,
occupational and physical therapy, speech therapy, nutrition, music therapy, counseling, supervised
social and educational activities, exercise, special events, music, and art to delay institutionalization
and social isolation. South County Senior Services has an Alzheimer's treatment center and an in -
home assessment program to determine needs of frail seniors, 60 years of age and older, and to
establish a Plan -of -Care for services needed to assist seniors to maintain independence in their own
• homes for as long as possible. The Meals -On -Wheels program provides meals to individuals 60
years of age and older who are living at home and unable to prepare their own meals, or who are
unable to go out to eat, or who have little or no assistance to obtain adequate meals. A
transportation program coordinates lift -equipped paratransit services for senior centers. A referral
service for In -Home Providers is offered to help seniors maintain independence in their own homes
for as long as possible. Various programs and services are offered to meet educational, recreational,
social, and human service needs of the elderly population. The Shared Housing Program was
designed for seniors and various age groups to share their existing homes for companionship and
relief from financial burden of housing costs for short- or long-term tenures. This Program had
operated throughout the 1990s, but was discontinued in 2000 because the County of Orange
discontinued Community Development Block Grant Funds for the Shared Housing Program.
•
Assistance League of Newport Mesa ( 2220 Fairview Road, Costa Mesa, CA (949) 645-6029)—is a
non-profit volunteer service organization that assesses and helps meet the physical, material,
emotional and cultural needs of the children in our community through self -funded, ongoing
philanthropic projects. Programs include "Childrens Dental Health Care Center" providing oral
hygiene instruction, general dentistry, orthodontia, and endodontics. The Assistance League also
provides "Operation School Bell" providing clothing, shoes, school uniforms and backpacks at no
cost to children of low-income families. Still another program includes "Kids on the Block," a
nationally recognized educational program that teaches young adults increased understanding and
tolerance for fellow classmates who have learning disabilities, physical handicaps or special
emotional needs. The latest program, "The Community Outreach Program" provides funding for
supplies used in supervised study programs for developmental education, parenting classes and
counseling, living expenses for single parents, and day care at accredited facilities.
[i
APPENDIX 2
AGENCIES PROVIDING EMERGENCY SHELTER AND ASSISTANCE •
Orange County Housing Authority (2043 North Broadway, Santa Ana) offers rental assistance for
those individuals and families in the County in danger of becoming homeless. The Section 8
"Certificate",
and ;'Housing Voucher",programs were, established by Federal law. Both provide rental
assistance for low income persons (those having incomes 80% or less of the County median
income) in need of decent, safe, and sanitary housing. The "Certificate" program requires families
pay a portion of their rent, but an amount not to exceed thirty (30) percent of their adjusted income.
Total amount of the, rental unit - must 'be approved' by the tHousing Authority based on utilities,
location, and the condition of each rental dwelling. Additionally, total rent must fall within Housing
Authority Fair Market Rent limits. It should be noted that United States Department of Housing and
Urban Development regulations were modified in October, 2000 to allow Section 8 monies to be
used for home purchases in addition to rental assistance.
The "Housing Voucher" program allows families to pay more than 30 percent of 'their adjusted
income toward rent should they wish to rent a housing unit that has a rent greater than Fair Market
Rent. Families pay the difference between the rental price of the dwelling and the Housing Authority
portion of the rent. The Housing "Certificate" Program (which will be combined under a "New
Voucher" Program by October 1, 2001) provides rental assistance for families renting housing units
that charge Fair Market Rent. No assistance is provided to the renter should the renter choose a unit
more expensive than Fair Market Rent. According to the Orange County Housing Authority, there
are more -than 2,000 Certificates in existence in Orange County. •
Orange Coast Interfaith Shelter —This is an agency that provides housing, meals, employment
services, and a children's program. The Orange Coast Interfaith Shelter is the largest family shelter
in Orange County and operates on an annual budget of $500,000. The City of Newport Beach
provided $8,000 (1.6%) of that, operating budget during the time period July 1, 1999, to June 30,
2000. Temporary shelter is offered to families and single women on an emergency (3 to 7
days/month) or transitional (2-7 months) basis. During the time period noted previously the Interfaith
Shelter provided temporary shelter to 80 to 90 households that indicated a most recent permanent
address in the City of Newport Beach. This indicated the percentage of total households assisted
(2,070) that were from Newport Beach was between 3.9% and 4.3%, although the City provided
1.6% of the Interfaith Shelter annual budget. The racial/ethnic identifications of the 2,070 served
were as follows: Caucasian (831); Hispanic (617); African American (354); Native American (57);
Asian American (26); Biracial (64); and Other (33). The Interfaith Shelter also provided 57,295 meals
to special needs populations during the time period noted. Additionally, the Interfaith Shelter
provided children's programs to the 30 to 40 children who commonly receive shelter at any one time.
Furthermore, the Interfaith Shelter indicated it provided temporary shelter to 226 single mothers
(female heads of households) during the time period noted. Many of the female heads of households
served were women over the age of 50 with mental health disabilities.
Saddleback Community Outreach (23011 Moulton Parkway, Suite 12) is a non-profit organization
that opened in August 1989. It is funded with federal (Super NOFA) monies, monies from local
jurisdictions, and monies from faith -based organizations in the following areas: "in -kind" Donations
Programs; Sponsorship and Underwriting for Programs and Fundraising Events; Housing Fund
Donations; Food Drives; and, "Adopt -A -Family" Holiday Programs (which provides a holiday meal at •
Thanksgiving and holiday meal and gifts in December). The major objective of Saddleback
83
Community Outreach programs and services is to help those assisted become self -supportive. This
• organization operates without paid administrators. Of the more than 100 volunteers within the
organization, some are selected and trained to function as directors, evaluators, coordinators, and
care workers. Saddleback Community Outreach is involved in four active programs to meet critical
housing needs of its clients, who number 5,200 annually. The Emergency Lodging Program is
intended for homeless families needing temporary housing until a permanent residence is
established. The Housing Assistance Program is intended for families needing an interest free loan
to prevent eviction or to assist with move -in costs. The Interfaith Shelter Program is a six-month
program available for homeless singles seeking employment, shelter, and counseling. The
Transitional Housing Program is a two-year program for homeless families. Applicants are screened
by the Housing Committee to assess each family's ability to pay a reduced rent in a condominium,
maintain employment, set goals, meet commitments, and attend practical counseling for budget
management. The Saddleback Community Outreach Pantry/Warehouse distributes more than
150,000 pounds of food annually to families or individuals in need and hosts SHARE, a program
enabling people to buy up to $35.00 worth of groceries for $15.00. Saddleback Community Outreach
also will pay a portion of a family's utility bill to help avoid disconnection of services. Additional
services include vouchers for adults and children to obtain clothing at local thrift stores, gasoline
vouchers or bus tickets for transportation to job interviews or physician appointments, donation of
automobiles contributed to Saddleback Community Outreach to clients in need, medical prescription
vouchers for pre-screened families or individuals, "motivational counseling" to help restore hope and
confidence, "practical counseling" to assist in goal setting, budget management and future planning,
and referrals to local agencies for other counseling needs.
YMCA The Newport Beach YMCA offers physical activities classes and personal hygiene facilities.
During 2000, the YMCA has provided 234 daily showers for those who identified themselves current or
• most recently as Newport Beach residents (out of a total 4,000 annually provided daily showers) and
858 single -day guest passes for identified current or recent Newport Beach residents. The percentage
of daily showers for those from Newport Beach compared to the total of annual showers is 5.9%. The
YMCA estimates approximately fifty (50) percent of its clients come from the Newport Beach/Costa
Mesa area. The City of Newport Beach contributed $5,000 during 2000, which accounted for 0.14% of
the approximate 2000 YMCA operating budget of $3,500,000.
YWCA Hotel for Women - The YWCA Hotel for Women provides shelter, food, counseling, job -search,
and housing -search assistance for homeless women. The City also provides CDBG funds to this
organization, and likewise, requires expanded reporting information
Friends in Service to Humanit}F--This agency (established in 1968) assists more than 5,900 families in
Orange County. These families consist of more than 24,000 individuals, of whom more than 12,500 are
children. Friends in Service to Humanity provides the following services: rental assistance to avoid
eviction; "mobile meals to the home bound; transitional housing with case management; food; child care
subsidies for low-income working parents; utility payments to avoid disconnections; baby diapers and
infant formula; "adopt -a -family" program during the holidays; medical, dental, and shopping
transportation; and, transportation costs for employment. During the first six months of 2000, Friends in
Service to Humanity served 487 mobile meals, made 1,166 grocery deliveries, provided 119
individuals/families with rental assistance to avoid eviction; made 47 utility payments, provided 42 child
care subsidies, and provided 15 automobile repairs. Friends in Service to Humanity indicates a
substantial number of its clients reside in the City of Newport Beach. In year 2000, the City of Newport
Beach provided Friends in Service to Humanity with $16,500 for homeless prevention and $15,500 for
Meals programs.
0
American Red Cross - assists persons temporarily displaced from their residence due to disasters such
as fires. From 1994 to the present, the Red Cross reported helping 55 Newport Beach residents is
in 3 incidents. This agency does not request CDBG funding from the City.
Other volunteer groups and local religious organizations serve Newport Beach by providing
temporary shelter, bus fares to reach pre -planned destinations, rental assistance, medical
assistance, food and clothes to the homeless and other needy persons/families
Several m'oteis0 in' th'e, Newport 'Beach' -Costae Mesa area are utilized by various agencies to
accommodate homeless persons. These agencies pay all or a portion of the costs.
An undetermined number of transients or chronically homeless ,individuals pass through Newport
Beach. Much of this depends on opportunities and conditions presented to these individuals within
Newport Beach and the surrounding communities. Housing needs of these individuals include
transitional housing in the form of single room occupancy units (SRO) and emergency and transitional
shelters.
Number of
Name
Persons/Groups Served
Location
Beds
American. Veterans
Veterans with families
Santa Ana
10
Assistance Corp.
Anaheim
Familiess with children
Anaheim
34
Interfaith/Halcyon
Shelter
Anchor House
Families
San Clemente
14
Annie's House
People afflicted with
Costa Mesa
10
HIV/AIDS
Armory (Cold Weather
Singles; Couples;
Fullerton; Santa
250
-Program)
Families
Ana
Bethany
Single, employed women
Orange
7
who have successfully
completed a shelter
program
BeyondShelter—
Transitional shelterfor
Fullerton
10
YWCA
single women; may be
dually diagnosed or have
substance abuse issues
Birch I and II Santa Ana
Adult Males (Birch 1);
Santa Ana
11
Facility
Youth (ages 18-21) who
are working or attending
school and moving toward
independence Birch II
Casa Teresa
Single pregnant women,
Orange
'28
18 years of age or older
with no children; client
expected to work or
attend school
Casa Youth Shelter
Ages 12-17; accepts
Los Alamitos
25
pregnant teens
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Number of
Name
Persons/Groups Served
Location
Beds
Catholic'Charities
Families
Santa Aria:,
1-&
Christian Temporary
Families
Orange
60
Housing
CSP Youth Shelter'
Ages 11=1!7
Laguna -Beach,
6
Dayle McIntosh Center
Disabled Individuals/
Anaheim
7
For The Disabled
Families with Disabled
Members
AEI Modena
Transitional" housing for
Orange
30 - 35. "
families -or single parents
With children; must be
employed and moving
toward; independent' living;
70% of incomemust be,; -
saved by family; must be
referred'by O.C. shelter -
Eli Home
Transitional housing for
Orange
N/A
women and children
(under age 12) who are
victims of family abuse or
domestic violence. Faith
based.
Episcopal Service
Women,
Orange - _
10'
Alliance,'Martha House
Families Forward
Transitional housing for
Irvine
35
families or single parents
with children under 18
years of age; one adult
must be employed
Friendship Shelter
Individuals
Laguna -Beach
22
Fullerton Interfaith/New
Families or Single Parent
Fullerton
27
Vista
with Children under the
age of 18; must have
income
Gerry House
Male/Female intravenous :'
Santa Ana.
12
drug users and'w'ho may -
be receiving narcotic
replacement theraO
Gerry House West
Persons who are HIV
Santa Ana
6
positive with substance
abuse problems
Number of
Name
Persons/Groups Served
Location
Beds
Hannah's House
Transitional• housing for
Orange
12
single pregnant women
18 years and' olderwho
are considering adoption.
No other children. Woman
expected to work or
attend school.
Hearth Dayle McIntosh
Disabled men or women
Anaheim
6
with or without children
Henderson House
Transitional housing to
San Clemente
NA
graduates, single men,
single women of the
Friendship Shelter, must
have referral from,
Friendship Shelter
Program
Homeless Intervention
Transitional living center
Placentia
40
Shelter
for families, single men
and single women, men
with,children, women with
children, couples
House of,Hope - O.C.
Women & Children
Santa Ana
45
Rescue'Mission
Human Options
Battered Women, with or
40 Emergency
without children
14Transitional
Huntington Youth
Ages 11-17
Huntington
11
Shelter
Beach
Interfaith Interim
Single homeless adults
Laguna Hills
8
Housing
willing to work; 120-day
program; faith based
Interval House
Battered'Women, with or
49
without children; accepts
re nant women
Irvine Temporary
Families
Irvine
10 single family
Housing
furnished
apartments
Kathy's House
Women, with or without
Capistrano
11
children; faith based
Beach
Laura's House
Battered Women, with or
25
without children
Laurel House
Youth, ages 11-19
Tustin
N/A
Mary's Shelter
Pregnant,teens, ages 17
Santa Ana
18
and under; teen mothers
and infants 0-18 months
•
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•
Number of
Name
Persons/Groups Served
Location
Beds_
'Mercy',House/Joseph
Transitional! housing ifor
Santa.Ana ;
12
House
Men; must be employed,
or ih j bb trainin fUlt time, -
Mercy House/Regina
Transitional housing for
Santa Ana
14
House
Women and Children
under 10; must be
employed or in job
training full time
Missionary Brothers of
'Families
Santa Ana
16 "
Charity
New Vista Shelter
Families
Fullerton
60
O.C. Rescue Mission:.
Men '
Santa Ana
90
Orange Coast Interfaith
All
Costa Mesa
100
Shelter
Preoious, Ufa Shelter'
"Transitionalt
Los Alamitos
21
Emergency program for
pregnant women S years
and older
Rescue Mission for
Men
Santa Ana
40
Men
Salvation Army
All
Santa Ana-
60
Hospitality
House/Buffalo Street,
The Sheepfold
Women 18 years of age
Tustin
55
and older with children;
Faith Based
Shelter For,Trhe
Families; Men, & Women.
Westminster, :
106
Homeless
Thomas House
Transitional housing for
Garden Grove
76
families, women with
children, men with
children; adults must be
willin to work
Thomas'House
Temporary'$helter
_
Families
Fountain Valley,
Provides room
• for 7 families
Toby's House
Adult pregnant women;
San Clemente
5 families
children under 5 years of
age
Veterans Charities, =
Single Veterans
Santa Ana
54
The Villa Posada
Women
Santa Ana
6
m
Number of
Name
Persons/Groups Served Location
Beds
Tronsitional program for
single women with no
WISE Hotel for Women
children; must be alcohol Santa Ana
34
free; drug testing may be
required
Women's Transitional •
Baftered Women
Living Center
YWCA - Hotel For
Women Santa Ana
38
Women
Sources: Orange County Social Service:Resource Directory (1991-1992); County of
Orange Housing Element, 1989; current (2000) research
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APPENDIX 3
• PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND
COMMUNITY DEVELOPMENT ACTIVITIES
u
Program Names
Description
Eligible Activities
1a. Federal Programs—Formula/Entitlement
Community Development
Block Grant
Grants awarded to the City on a
formula basis for housing and
community development
activities. The City Receives
approximately
$500,000 in CDBG funds
annually
♦ Acquisition
♦ Rehabilitation
♦ Home Buyer Assistance
♦ Economic Development
♦ Homeless Assistance
♦ Public Services
♦ ADA Compliance
♦ Public Facilities
1 b. Federal Programs - Com etitive
Section 8
Rental Assistance
Program
Rental assistance payments to
owners of private market rate
units on behalf of very low
income tenants
♦ Rental Assistance
HOME
Flexible grant program awarded
to the Orange County HOME
Consortium on a formula basis
for housing activities. City can
apply to County on a competitive
basis for affordable housing
projects
♦ Acquisition
♦ Rehabilitation
♦ Home Buyer Assistance
♦ Rental Assistance
Section 202
Grants to non-profit developers
of supportive housing for the
elderly.
♦ Acquisition
♦ Rehabilitation
♦ New Construction
♦ Rental Assistance
Section 811
Grants to non-profit developers
of supportive housing for
persons with disabilities,
including group homes,
independent living facilities and
intermediate care facilities.
♦ Acquisition
♦ Rehabilitation
♦ New Construction
♦ Rental Assistance
Program Names
Description
Eligible
Activities
Section 108 Loan
Provides loan guarantee to
♦ Acquisition
CDBG entitlement jurisdictions
♦ Rehabilitation
for pursuing large capital
♦ Home Buyer Assistance
improvement or other projects.
♦ Economic Development
The jurisdictions must pledge
♦ Homeless Assistance
future CDGB allocations for
♦ Public services
repayment,of1the loan.
Maximum loan amount can be
up to five times the entitlement
jurisdiction's most recent annual
allocation. Maximum loan term
is 20 years.
Mortgage Credit
Income tax credits available to
♦ Home Buyer Assistance
Certificate Program
first-time homebuyers for the
purchase of new or existing
single-family, housing. Local
agencies (County) make
certificates available.
Low Income Housing Tax
Tax credits are available to
♦ New Construction
Credit (LIHTC)
individuals and corporations that
♦ Rehabilitation
Invest in low—income rental
♦ Acquisition
housing. Usually, the tax credits
are sold to corporations with a
high tax liability and the
proceeds from the sale are used
to create the housing
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Program Names
Description
Eligible Activities
SHELTER PLUS CARE
Grants for rental assistance that
♦ Rental Assistance
PROGRAM
are offered with support services
♦ Homeless Assistance
to homeless with disabilities.
Rental assistance can be:
Section 8 Moderate
Rehabilitation
SRO
project based rental assistance
administered by the local PHA
with state or local government
application
♦ Sponsor -Based Rental
Assistance
Provides assistance through an
applicant to a private non-profit
sponsor who wins or leases
dwelling units in which
participating residents reside.
♦ Tenant -Based Rental
Assistance (TBA)
Grants for rental assistance
Proiect-Based Rental
Assistance
Grants to provide rental
assistance through contracts
between grant recipients and
owners of buildings.
Supportive Housing
Grants for development of
♦ Transitional Housing
Program (SHP)
supportive housing and support
♦ Permanent Housing for
services to assist homeless
Disabled
persons in the transition from
♦ Supportive Services
homelessness.
♦ Safe Havens
92
2. State Programs
Proposition 1 A
Proposition 1A includes
♦ Down payment Assistance
provisions to establish a Down
♦ Rental Assistance
payment Assistance Program
and a Rent Assistance Program
using school fees collected from
affordable housing projects.
Potential buyers or tenants of
affordable housing projects are
eligible to receive nonpayment
assistance or rent subsides from
the State at amounts equivalent
to the school fees paid by the
affordable housing developer for
that project in question.
Emergency Shelter
Grants awarded to non-profit
♦ Support Services
Program
organizations for shelter support
services.
California Housing
Below market rate financing
♦ New Construction
Finance Agency (CHFA)
offered to builders and
♦ Rehabilitation
Multiple /Rental Housing
developers of multiple -family
♦ Acquisition of Properties
Programs
and elderly rental housing. Tax
from 20 to 150 units
exempt bonds provide below -
market mortgage money.
California Housing Finance
CHFA sells tax-exempt bonds to
♦ Home Buyer Assistance
Agency Home Mortgage
make below market loans to first
Purchase Program
time homebuyers. Program
operates through participating
lenders who originate loans for
CHFA purchase
California Housing
Low interest loans for the
♦ Rehabilitation
Rehabilitation Program -Owner
rehabilitation of substandard
♦ Repair Code
Component (CHRP-O)
homes owned and occupied by
Violations, Accessibility
lower -income households. City
♦ Additions, General
and non -profits sponsor housing
Property Improvement
rehabilitation projects.
•
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93
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3. Local Programs
Tax Exempt Housing
The City can support low-
♦ New Construction
Revenue Bond
income housing developers in
♦ Rehabilitation
obtaining bonds in order to
construct affordable housing.
The City can issue housing
revenue bonds or participate in
the County of Orange program
requiring the developer to lease
a fixed percentage of the units to
low income families and
maintain rents at a specified
below market rate.
♦ Acquisition
4. Private Resource/Financing Programs
Federal National Mortgage
Loan applicants apply to
♦ Home Buyer Assistance
Association (Fannie Mae)
participating lenders for the
following programs:
Fixed rate mortgages issued by
private mortgage insurers.
♦ Mortgages that fund the
purchase and rehabilitation of a
home.
Savings Association Mortgage
Pooling process to fund loans
♦ New Construction of single
Company Inc. (SAMCO)
for affordable ownership and
rental housing projects. Non-
profit and for profit developers
contact member institutions.
family and multiple family
rentals, cooperatives, self help
housing, homeless shelters,
and group homes for the
disabled.
California Community
Non-profit mortgage banking
♦ New Construction
Reinvestment Corporation
consortium designed to provide
♦ Rehabilitation
(CCRC)
long-term debt financing for
affordable multi -family rental
housing. Non-profit and for profit
developer contact member
banks
♦ Acquisition
*Freddie Mac
Home Works —Provide 1st and
2nd mortgages that include
rehabilitation loan. City provides
gap financing for rehabilitation
component. Households earning
up to 80% of MFI qualify.
♦ Home Buyer Assistance
combined with Rehabilitation
Lease Purchase Program
The City could participate in a.
♦ Home Buyer Assistance
Joint Powers Authority (JPA)
that issues tax-exempt bonds.
Bonds enable City to purchase
homes for households earning
up to 140% MR. JPA pays 3 %
down and payments equivalent
to mortgage payment&with the
option to buy after three years.
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APPENDIX 4
HOUSING ELEMENT AMENDMENTS
Date of Amendment
Council No. &
Approval Resolution No. Amendment Description
4-12-05 GPA 2004-010 Revisions to eliminate discrepancies and insure consistency
Res. No. 2005- within the text, clarify existing polices and affordability standards,
19 and include additional provisions to promote the achievement of
the City's housing goals.
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•
'• Noise
INTRODUCTION
The Noise Element of a General Plan is a tool for including noise control in the planning process
in order to maintain compatible land use with environmental noise levels. This Noise Element
identifies noise sensitive land uses and noise sources, and defines areas of noise impact for the
purpose of developing policies to insure that Newport Beach residents will be protected from
excessive noise intrusion.
The Noise Element follows the revised state guidelines in Section 46050.1 of the Health and
Safety Code. The element quantifies the community noise environment in terms of noise
exposure contours for both near and long-term levels of growth and traffic activity. The
information contained in this document provides the framework to achieve compatible land uses
and provide baseline levels and noise source identification for local noise ordinance enforcement.
BACKGROUND
Sound is created when objects vibrate and produce pressure variations that move rapidly outward
into the surrounding air. The main characteristics of these air pressure waves are amplitude,
which we experience as a sound's "loudness" and frequency, which we experience as a sound's
"pitch." The standard unit of sound amplitude is the decibel (dB), which is a measure of the
• physical magnitude of the pressure variations relative to the human threshold of perception. The
human ear's sensitivity to sound amplitude is frequency -dependent and thus a modification is
usually made to the decibel to account for this; A weighted decibels (dBAs) incorporate human
sensitivity to a sound's frequency as well as its amplitude.
Noise is generally defined as unwanted sound, aspects of which can negatively affect the
physiological or psychological well-being of individuals or communities. A typical noise
environment consists of a base of steady ambient noise that is the sum of many distant and
indistinguishable noise sources. Superimposed on this background noise is the sound from
individual local sources. These can vary from an occasional aircraft or train passing by to virtually
continuous noise from, for example, traffic on a major highway. Noise in excessive levels can
affect our living environment and quality of life.
Several quantitative indicators are commonly used to gauge the likelihood that environmental
noise would have an adverse effect on a community. These indicators consider that the most
disruptive aspects of noise are strongly associated with the average acoustical energy content of
the sound over the time it occurs and/or with the time of day when the sound occurs. The
indicators used in the Noise Element are as follows:
■ Lop the equivalent energy noise level, is the average acoustic energy content of noise for a
stated period of time. Thus, the Leq of a time -varying noise and that of a steady noise are
the same if they deliver the same acoustic energy to the ear during exposure. For
evaluating community impacts, this indicator is not affected by whether the noise occurs
• during the day or the night.
NOISE -DRAFT, I/2O/OEI
■ CNEL, the Community Noise Equivalent Level, is a 24-hour average Lq with a 10 dBA
• "weight" added to noise during the hours of 10:00 P.M, to 7:00 A.M., and a 5 dBA "weight"
added during the hours of 7:00 P.M. to 10:00 P.M, to account for increased noise sensitivity
in the evening and nighttime.
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Noise environments and consequences of human activities are usually well represented by
median noise levels during the day, night, or over a 24-hour period Environmental noise levels
are generally considered low when the CNEL is below 55 dBA, moderate in the 55 to 70 dBA
range, and high above 70 dBA. Examples of low daytime levels are isolated natural settings that
can provide noise levels as low as 20 dBA, and quiet suburban residential streets that can provide
noise levels around 40 dBA. Noise levels above 45 dBA at night can disrupt sleep. Examples of
moderate level noise environments are urban residential or semi -commercial areas (typically 55 to
60 dBA) and commercial locations (typically 60 dBA). People may consider louder environments
adverse, but most will accept the higher levels associated with more noisy urban residential or
residential -commercial areas (60 to 75 dBA) or dense urban or industrial areas (65 to 80 dBA).
Additional examples of sound levels and loudness in indoor and outdoor environments are
shown in Table 1. Noise and land use compatibility for various uses are shown in Table 2.
Table 1 Representative
'Corr roon OutdodaActfvitleq' ' •
Environmental
No, LeJe!
(d8A) %,
Noise Levels
Corrimon,lrjdoorgctivltles
—110—
Rock Band
Jet Fly -over at 100 feet
—100—
Gas Lawnmower at 3 feet
—90—
Food Blender at 3 feet
Diesel Truck going 50 mph at 50 feet
—80—
Garbage Disposal at 3 feet
Noisy Urban Area During Daytime
Gas Lawnmower at 100 feet
—70—
Vacuum Cleaner at 10 feet
Commercial Area
Normal Speech at 3 feet
Heavy Traffic at 300 feet
—60--
Large Business Office
Quiet Urban Area During Daytime
—50—
Dishwasher in Next Room
Quiet Urban Area During Nighttime
—40—
Theater, Large Conference Room (background)
Quiet Suburban Area During Nighttime
—30—
Library
Quiet Rural Area During Nighttime
Bedroom at Night, Concert Hall (background)
—20—
Broadcast/Recording Studio
—10—
Threshold of Human Hearing
—0—
Threshold of Human Hearing
SOURCE: California Department of Transportation 1998
NOISE —DRAFT, 1/20/00
•
Lapd Use Cotegpry,
50 55 60 65 ZO .. 75 ' 80,
Residential —Low Density Single Family, Duplex, Mobile
Homes
Residential —Multiple Family (includes residential
portions of mixed -use developments)
-F:
i
Transient Lodging —Motels, Hotels
Schools, Libraries, Churches, Hospitals, Nursing Homes
Auditoriums, Concert Halls, Amphitheaters
Sports Arenas, Outdoor Spectator Sports
Playgrounds, Neighborhood Parks
Golf Courses, Riding Stables, Water Recreation,
Cemeteries
Office Buildings, Business Commercial and Professional
Industrial, Manufacturing, and Utilities
SOURCE:
EIP Associates, 2005
s, Normally Acceptable Specified land use Is satisfactory, based upon the assumption that any
f-a buildings involved are of normal conventional construction, without any special
l. noise Insulation requirements.
Conditionally Acceptable New construction or development should be undertaken only after a detailed
analysis of the noise reduction requirements is made and needed noise
insulation features are Included in the design. Conventional construction, but
with closed windows and fresh air supply systems or air conditioning, will
normally suffice.
Normally Unacceptable New construction or development should generally be discouraged. If new
construction or development does proceed, a detailed analysis of the noise
reduction requirements must be made and needed noise insulation features
included in the design.
Clearly Unacceptable New construction or development generally should not be undertaken.
NOISE—DRAFT,1/20/06
CONTEXT
• Transportation Noise Sources
The most common sources of noise in urban areas are transportation -related. These include
automobiles, trucks, motorcycles, and aircraft. Motor vehicle noise is of concern because it is
characterized by a high number of individual events which often create a sustained noise level
and its proximity to areas sensitive to noise exposure. Residential land uses and other sensitive
receptors should be protected from excessive noise from these sources.
Freeway/Highway
Newport Beach has the Corona Del Mar Freeway (State Route 73), and San Joaquin Hills
Transportation Corridor (SJHT(,) within its borders. State Route 73 runs in a
northwest/southeast direction through the City's northern section. The portion of State Route 73
that cuts through the northern portion of the City is below grade from the adjacent land uses.
There are a few residences in close proximityto this freeway.
The SJHTC runs in a northwest/southeast direction through the City's northeastern boundary
connecting with the State Route 73 at Jamboree Road. SJFTI'C is considered a highway from
Jamboree Road south to Bonita Canyon, and then it becomes a toll road. At various locations,
the highway will be at grade with or elevated above the adjacent land uses. There are existing
residences that are in close proximity to this highway, however, these residences have already
included noise mitigation measures to sufficiently attenuate the noise from SJI Ti'C.
. Major and Minor Arterial Roadways
Traffic noise on surface streets is a significant source of noise within the community. The major
sources of traffic noise in Newport Beach are Coast Highway, Jamboree Road, and MacArthur
Boulevard. Many of the residential uses located along these roadways include some level of noise
attenuation, provided by either a sound barrier or grade separation. Other residential uses,
primarily older units, built near these arterial roadways do not have any attenuation from noise
other than the distance between the roadway and the residential structure. The noise attenuation
features for new residences are reviewed on a project-bTproject basis. This means that as
residential projects are proposed near the major roadways within Newport Beach, future noise
levels are evaluated and noise mitigation strategies are developed as necessary to meet City
standards.
Noise levels along roadways are determined by a number of traffic characteristics. Most
important is the average daily traffic (ADT). Additional factors include the percentage of trucks,
vehicle speed, the time distribution of this traffic and gradient of the roadway.
Water Vehicles
Newport Beach has the largest small boat harbor in Southern California. Thousands of boats
operate near noise -sensitive residential uses that border much of Newport Bay, and noise
associated with these boats can be a problem to these residences. Of particular concern are the
charter boats which generate engine noise and noise from the occupants, as well as use
• loudspeakers or live entertainment.
H91SE-ORAK 1/20/GB
Aircraft Operations
• Many residents of Newport Beach are impacted by noise generated by commercial and general
aviation aircraft departing John Wayne Airport (TWA). Operated by Orange County, JWA serves
both general aviation and scheduled commercial passenger airline and cargo operations. JWA
experienced 387,866 aircraft operations in the year 2000, with a number of average daily
departures of over 130. Newport Beach is located immediately south of John Wayne Airport and
is under the primary departure corridor. Although aircraft noise can be heard throughout
Newport Beach, the highest noise levels are experienced just south of the airport, in the Airport
Area, Santa Ana Heights Area, Westcliff, Dover Shores, the Bluffs, and Balboa Island, and are
generated by aircraft departures.
Newport Beach has, since the mid-1970's, actively engaged in efforts to minimize the impact of
air carrier operations on our residents and their quality of life. The City's initial efforts focused
on involvement in route authority proceedings conducted by the Civil Aviation Board and
litigation challenging County decisions that could increase the level or frequency of noise events.
In 1985, the City, County, Stop Polluting Our Newport (SPOM and the Airport Working Group
(AWG) entered into an agreement (1985 JWA Settlement Agreement) to resolve Federal Court
litigation initiated by the County. The 1985 JWA Settlement Agreement required the County to
reduce the size of the terminal, cap the number of parking spaces, limit the number of "average
daily departures," and limit the number of passengers served each year at JWA (expressed in
terms of "million annual passengers" or "MAP") to 8.4 MAP after construction of the new
terminal.
After two years of discussion among the parties to the Settlement Agreement, the City
• Council and County Board of Supervisors approved Settlement Agreement amendments that
eliminated noisier aircraft, increased the maximum number of noise regulated and air cargo
average daily departures, increased the service level limit from 8.4 to 10.3 MAP until January
1, 2011 and then 10.8 MAP afterwards, and increased the maximum number of passenger
loading bridges from 14 to 20. The 2002 Amendments also eliminated the floor area
restrictions on the terminal and the "cap" on public parking spaces. The flight and service
level restrictions remain in effect at least until January 1, 2016 and other provisions related to
the curfew remain in effect until at least January 1, 2021.
•
City Council approval of the 2002 Amendments was contingent on receipt of a letter from the
FAA confirming that the 2002 Amendments were consistent with ANCA and other relevant
laws, regulations and grant assurances made by the County. In December 2002, the FAA sent
a letter confirming compliance and in January 2003, a judge approved the stipulation of the
parties reflected by the 2002 Amendments. The FAA letter confirming the validity of the
2002 Amendments is a precedent for future amendments that increase air transportation
service without impacting airport safety or the quality of life of residents in Newport Beach
and other affected communities.
Other aircraft operations related to helicopter operations at Hoag Hospital are also a concern.
Helicopter flights are noisy, and there are residential uses located in close proximity to the
hospital. The helipad is located on the roof of the emergency area of the hospital.
NOISE-ORAR 1/20/00
Nontransportation Noise Sources (Stationary Noise Sources)
• There are many stationary noise sources within the boundaries of Newport Beach. Some of these
stationary noise sources include restaurant/bar/entertainment establishments, mixed -use
structures, mechanical equipment, and use of recreational facilities. The impacts of
nonttansportation noise sources are most effectively controlled through the enforcement and
application of City stationary noise ordinances or regulations.
Restaurant/Bar/Entertainment Establishments
Numerous restaurants, bars, and entertainment establishments in Mariner's Mile, Corona del Mar,
the Peninsula, and Balboa Island have been subject to noise complaints in the past. Noise
complaints have been made due to the close proximity of these establishments to residential uses,
the potentiallybigh noise levels that these establishments are able to produce, and the late hours
of operation.
Mixed Use Developments (Commercial/Residential)
In a mixed use building, a portion of it maybe used as commercial (i.e. office space, restaurant,
market, dry cleaner, etc) and the remaining portion may be used for residential purposes. Such
mixed uses can range from a small retail structure with a residence unit on the second floor (as
seen on parts of Balboa Island and the Balboa Peninsula) to larger commercial properties that
include a residential component. Requiring that the commercial portion conform to the more
strict residential noise standards would make operating the commercial facility difficult. However,
• applying the commercial noise standards to the entire project would make the noise exposure
levels at the residential portion of the building potentially too high. Mixed use projects represent
a unique noise environment and it is important that a program be developed that allows mixed
use to operate with a minimum amount of conflict.
Mechanical Equipment Noise
Various Heating Ventilating and Air Conditioning (HVAC) installations and occasional pool and
spa pumps can be noise intrusions. Noise intrusions from HVAC equipment has been a problem
in the past, especially in areas such as Balboa Island, Lido Island, and the Peninsula where the
homes are very close together, and in commercial areas as well when abutting residential areas.
However, the Citys Municipal Code now requires a permit before installation of new HVAC
equipment. Permits are only granted when a sound rating of the proposed equipment does not
exceed standards, or is installed with a timing device that will deactivate the equipment during the
hours of 10:00 P.M. to 7:00 A.M. if the standards are exceeded.
Just because HVAC equipment sound ratings are reviewed during plan check, as well as tested in
the field after installation, it can still be problematic over time. As equipment ages and sometimes
suffers from lack of maintenance, noise from the equipment can increase. Because of this, the
City still deals with HVAC equipment noise on a complaint basis, in order insure ongoing
compliance with the standards of the Code.
Recreational Activities
• Another source of stationary noise in Newport Beach is recreational activities such as league and
youth sporting games, as well as recreational rowers in Newport Harbor. These activities are
NOISE-DRAFT,1/20/00 8
sometimes scheduled during early morning hours on the weekends and can be a source of noise
. intrusion on nearby residences. Types of noise generated include people shouting and
whistles/horns blowing. Some sporting events also utilize loudspeakers.
Nuisance Noise
Residential patty noise, boat party noise, and barking dogs are considered nuisances. These
sources of noise are difficult to attenuate, and difficult to control. Nuisance noise complaints are
typically dealt with through code enforcement.
Residential Party Noise —Residential party noise, particularly on Balboa Island, Balboa
Peninsula, and in West Newport Area has been an ongoing problem. There are many difficulties
in trying to control party noise. If a noise limit is established for enforcement using a quantitative
measure, the code enforcer would be required to make noise measurements of the intrusive
noise. Often, the disturbing levels of noise that were generated by a party are reduced once a
code enforcer arrives on the premises to make measurements. Therefore, party noise level
measurements may be an impractical means of party noise enforcement since it is often not
possible to accurately capture the loud noise levels being generated by the party. Historically,
police officers use their judgment for identifying and controlling party noise problems.
Additionally, a recently adopted ordinance addressing police services has been effective in
curbing partgrelated noise.
Boat Party Noise —Charter boats, generally larger in size and carrying large numbers of paid
passengers, have also been a source of noise. These boats can control on -deck noise bymeans of
• eliminating outside loudspeakers. The City recently amended its Municipal Code to provide
greater regulations of charter boat operations.
Barking Dogs —Dog barks can be characterized as being impulsive and startling or continuous
and sustained. In either event, it can be a major source of noise disturbance. When dogs are
outdoors, it is very difficult to attenuate the noise.
Noise Sensitive Receptors
Newport Beach has a number of public and private educational facilities, hospitals, convalescent
homes, day cares, and other facilities that are considered noise sensitive. However, the primary
noise sensitive use within the City is residential use. The noise exposure of these sensitive uses
varies from low, in quiet residential areas, to high, in areas adjacent to the freeway.
Communitv Noise Contours
Noise contours for all of the major noise sources in Newport Beach, which include motor
vehicles on roadways and freeways, and aircraft at the John Wayne Airport, were developed for
existing conditions and future conditions. Existing noise contours were determined from the
2003 traffic levels and existing aircraft levels for these sources, and are expressed in terms of .the
CNEL. Existing noise contours are shown in Figure 1(1) through Figure 1(3).
Future noise conditions for roadways are presented for the 20 year time period ending 2025 and
were derived from projected traffic levels for that horizon year. These noise contours are based
• on complete buildout of the General Plan, and are shown in Figure 2(1) through Figure 2(3).
NOISE-ORAR 1/20/OB 7
These future noise contours will assist in setting policies for establishing new land uses and
• appropriate mitigation for properties that will continue to be exposed to higher noise levels.
The aircraft noise contours that are used for planning purposes by the County of Orange and
Airport Land Use Commission are found in the Airport Environs Land Use Plan and are derived
from the 1985 Master Plan for John Wayne Airport and the accompanying EIR 508. These noise
contours are based on fleet mix and flight level assumptions developed in EIR 508, and are
shown in Figure 2(2).
Noise contours represent lines of equal noise exposure, just as the contour lines on a topographic
map are lines of equal elevation. The contours shown on the maps are the 60, 65, and 70 dB
CNEL noise levels. The noise contours represent the maximum possible traffic noise levels at
locations within them (Le., they do not included the attenuative effects of walls, structures, and
terrain features that might intervene between the roads and any location of interest) and should
be used as a guide for land use planning. The 60 dB CNEL contour defines the Noise Referral
Zone. This is the noise level for which noise considerations should be included when maldrrg
land use policy decisions that effect existing and proposed noise -sensitive developments. The
65 dB CNEL contour describes the area for which new noise sensitive developments will be
permitted only if appropriate mitigation measures are included such that the standards contained
in this Element are achieved.
The Airport Land Use Commission's Airport Environs Land Use Plan (AELUP) for John Wayne
Airport (lasts amended in 2002) only allows residential uses and other noise -sensitive uses within
a 65 dBA contour if the interior noise standard of 45 dBA CNEL can be maintained with an
• accompanying dedication of an avigation easement for noise to the airport proprietor applicable
to single family residences. The AELUP also strongly recommends that if any residential uses are
allowed within a 60 dBA CNEL contour that sufficient sound attenuating methods are used to
maintain a 45 dBA CNEL interior noise level.
Typical Noise Attenuation Methods
Noise impacts can typically be abated using four basic methods: (1) reducing the sound level of
the noise generator, (2) interrupting the noise path between the source and receiver,
(3) increasing the distance between the source and receiver, and (4) insulating the receiver with
building materials and construction methods more resistant to noise intrusion.
Quieting certain noise sources may often be successfully achieved through design or the use of
mufflers. However, a local government has limited direct control of transportation noise at the
source. This control lies with the state and federal agencies that have this responsibility. The most
effective method available to the City to mitigate transportation noise and reduce the impact of
the noise onto the community is through comprehensive planning that includes noise as planning
criteria, the inclusion of noise mitigation in project planning and design, and improved building
noise reduction characteristics.
Noise may also be minimized by strategically placing a noise barrier (wall, berm, or combination
wall/berm), the most common way of alleviating traffic noise impacts. Generally, effective noise
shielding requires a continuous, solid barrier with a mass which is large enough to block the line
of sight between source and receiver. Variations may be appropriate in individual cases based on
• distance, nature, and orientation of buildings behind the barrier, and a number of other factors.
NOISE-ORAR I/ZO/06
Garage or other structures may be used to shield dwelling units and outdoor living areas from
• non -aircraft noise.
The effects of noise may also be minimized by separating or isolating the noise source from the
potential receiver. Wide buffers along freeways, for example, may reduce the noise level affecting
adjacent noise sensitive land uses. These buffer areas maybe developed with less sensitive uses.
Building interior noise levels can also be reduced by protecting the receiver with acoustical
structures, enclosures, or construction techniques. Windows and doors are the most important
paths for sound to enter a structure. Use of sound insulating doors and double paned windows
can provide substantial reductions of interior noise levels. Because these features have little effect
in reducing noise when they are left open, installation of air conditioning for adequate ventilation
maybe required.
Noise concerns should be incorporated into land use planning to reduce future noise and land
use incompatibilities. This is achieved by establishing standards and criteria that specify
acceptable limits of noise for various land uses throughout the City. These criteria are designed to
integrate noise considerations into land use planning to prevent noise/land use conflicts. Table 3
presents criteria used to assess the compatibility of proposed land uses with the noise
environment. These criteria are the basis for the development of specific noise standards. These
standards, shown in Table 4, present the City policies related to land uses and acceptable noise
levels. These tables are the primary tools which allow the City to ensure integrated planning for
compatrhrility between land uses and outdoor noise and are described further below.
• The Land Use Compatibility -Matrix presented in Table 3 presents broad ranges of compatibility
and is intended to be flexible enough to apply to a wide range of projects and environments. For
example, a project in a large undeveloped area may be evaluated in the compatibility matrix
differently than an infill project in a densely developed area of the City. But in no case would'it
be desirable for any land use to have noise exceeding the highest "normally compatible" noise
level shown in the matrix. This matrix is intended to be used as one of the many factors used in
the land use planning process.
The Noise Standards presented in Table 4 are intended to be much more specific in terms of
project requirements. These standards are intended to be design performance requirements that
are not exceeded. And while the compatibility matrix covers broad ranges of compatibility, the
design standards are specific; inability to meet the design standards would be inconsistent with
this Element of the General Plan. It should be noted that only the interior noise standard of 45
CNEL for residential uses is required by California and it applies only to multi -family projects
(California Noise Insulation Standards, California Administrative Code, Title 24, Part 2).
The most effective method to control community noise impacts from nontransportation noise
sources is through application of noise ordinances or regulations. These are designed to protect
quiet residential areas from stationary noise sources. The noise levels encouraged by noise
ordinances assure that noise from mechanical equipment, and other types of nontransportation
noise are not excessive in residential areas.
NOISE-ORAR 1/20/00
E
•
i 1
L_J
Levdl
Categories
Uses,
555
60,
65
70 '.
75
1 80> S
Residential
Single Family, Two Family, Multiple
A
A
B
B
C
D
D
Family
Residential
Mobile Home
A
A
B
C
C
D
D
Commercial
Hotel, Motel, Transient Lodging
A
A
B
B
C
C
D
Regional, District
Commercial
Commercial Retail, Bank,
Regional, Village
A
A
A
A
B
B
C
District, Special
Restaurant, Movie Theatre
Commercial
Office Building, Research and
Industrial
Development, Professional Offices,
A
A
A
B
B
C
D
Institutional
City Office Building
Commercial
Recreational
Amphitheatre, Concert Hall
B
B
C
C
D
D
D
Institutional
Auditorium, Meeting Hail
Civic Center
Children's Amusement Park,
Commercial
Miniature Golf Course, Go-cart
A
A
A
B
B
D
D
Recreation
Track, Equestrian Center, Sports
Club
Commercial
Automobile Service Station, Auto
General, Special
Dealership, Manufacturing,
A
A
A
A
B
B
B
Industrial, Institutional
Warehousing, Wholesale, Utilities
Institutional
Hospital, Church, Library, Schools'
A
A
B
C
C
D
D
General
Classroom
Open Space
Parks
A
A
A
B
C
D
D
Golf Course, Cemeteries, Nature
Open Space
Centers Wildlife Reserves, Wildlife
A
A
A
A
B
C
C
Habitat
Agriculture
Agriculture
A
A
A
A
A
A
A
SOURCE: Mestre Greve Associates
Zone A Specified land use is satisfactory, based upon the assumption that any buildings involved
Clearly Compatible are of normal conventional construction without any special noise insulation
requirements.
Zone B New construction or development should be undertaken only after detailed analysis of the
Normally Compatible noise reduction requirements and are made and needed noise insulation features in the
design are determined. Conventional construction, with closed windows and fresh air
supply systems or air conditioning, will normally suffice.
Zone C New construction or development should generally be discouraged. If new construction or
Normally Incompatible development does proceed, a detailed analysis of noise reduction requirements must be
made and needed noise insulation features included in the design.
Zone D New construction or development should generally not be undertaken.
Clearly Incompatible
NOISE -DRAFT, I/20/00
NO
11
,CanpwSe
Va[eggges,
ene,gy.nveiayq urvc� +
Cate gores
'Uses
iOte!(,Or a,h
Exterl0r,a,b
Alldwable
AIIoWab(e
Allowabie '
Allowable',
interior Noise
InterlorNolse
ExterlorNolse
Exterlor'Noise
Level (Lb q)
LeveC(Leq)10
Level (Leq)
Levelt(Leq)10;
70m,to,10pm
pmtd7am
yArhtto;l0pm
ipmito•76th
Single Family, Two
Family, Multiple Family
45
40
55
50
(Zone 1)
Residential
Residential Portions of
Mixed Use
45
40
60
50
Developments (Zone
III)
Commercial (Zone II)
N/A
N/A
65
60
Commercial
Industrial or
Industrial
Manufacturing (Zone
N/A
N/A
70
70
IV)
Schools, Day Care
Centers, Churches,
Institutional
Libraries, Museums,
45
40
55
50
Health Care
Institutions (Zone I)
SOURCE: EIP Associates, 2006
. Notes
• If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
b It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to
allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person
which causes the noise level when measured on any other property, to exceed either of the following:
• The noise standard for the applicable zone for any fifteen -minute period;
• A maximum instantaneous noise level equal to the value of the noise standard plus twenty dBAfor any
period of time (measured using A -weighted slow response).
• In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said
category shall be Increased to reflect the maximum ambient noise level.
• The noise standard for the residential portions of the residential property falling within one hundred feet of
a commercial property, if the intruding noise originates from that commercial property.
• If the measurement location is on a boundary between two different noise zones, the lower noise level
standard applicable to the noise zone shall apply.
GOALS AND POLICIES
Noise and Land Use Compatibility
Goal N1 Minimized land use conflicts between various noise sources and other
human activities.
Policy N1.1 Require that all proposed projects are compatible with the noise
• environment through use of Table 3, and enforce the interior and exterior
noise standards shown in Table 4.
NOISE—DRAFT,1/20/00
•
•
Policy N1.2 Require that all remodeling and additions of structures comply with the noise
standards shown in Table 4.
Policy N1.3 Require that applicants of residential portions of mixed -use projects and high
density residential developments in urban areas (such as the Airport Area
and Newport Center) demonstrate that the design of the structure will
adequately isolate noise between adjacent uses and units (common
floor/ceilings) per the California Building Code.
Policy N1.4 Allow a higher exterior noise level standard for infill projects in existing
residential areas adjacent to major arterials if it can be shown that there are
no feasible mechanisms to meet the exterior noise levels. The interior
standard of 45 dBA CNEL shall continue to be enforced for any residential
project.
Policy N1.5 Consider a higher exterior noise level standard for residential portions of
mixed -use developments of 65 dBA Leq from 7:00 A.M. to 10:00 P.M., and
60 dBA Leq from 10:00 P.M. to 7:00 A.M., provided that the interior standard
of 45 dBA CNEL is met.
Policy N1.6 Require, whenever physically possible, new mixed -use developments to site
loading areas, parking lots, driveways, trash enclosures, mechanical
equipment, and other noise sources away from the residential portion of the
development.
Policy N1.7 Limit hours of commercial/entertainment operations adjacent to residential
and other noise sensitive uses in order to minimize excessive noise to these
receptors.
Policy N1.8 Require the employment of noise mitigation measures for sensitive uses
when a significant noise impact is identified. A significant noise impact
occurs when there is an increase in CNEL, as shown in the table below.
CNEL(dBA)
.dBAJhcrease I
55
3
60
2
65
1
70
1
Over 75
Any increase is considered significant
Transportation -Related Noise
Goal N2 Minimized motor vehicle traffic and boat noise impacts on sensitive noise
receptors
Policy N2.1 Require that new noise sensitive uses within the 60 dBA and 65 dBA CNEL
roadway contours demonstrate that the project will meet interior and exterior
noise standards.
NOISE —DRAFT, I/2O/O11
12
Policy N2.2
Require the use of walls, berms, interior noise insulation, double paned
windows, or other noise mitigation measures, as appropriate, in the design of
new residential or other new noise sensitive land uses that are adjacent to
major roads. Application of the Noise Standards in Table 4 shall govern this
requirement.
Policy N2.4
Limit the hours of truck deliveries to commercial uses abutting residential
uses and other noise sensitive land uses to minimize excessive noise unless
there is no feasible alternative or there are overriding transportation benefits
by scheduling deliveries at other hours.
Policy N2.5
Encourage the enforcement of State Motor Vehicle noise standards for cars,
trucks, and motorcycles through coordination with the California Highway
Patrol and Newport Beach Police Department.
Policy N2.6
Require all boating activities to comply with the noise standards outlined in
the Municipal Code.
Goal N3
Protection of the quality of life of Newport Beach residents from noise
impacts associated with air carrier operations at JWA.
Policy N3.1
Ensure new development is compatible with the noise environment by using
the airport noise contour maps as guides to future planning and
development decisions.
Policy N3.2
Require that any residential or sensitive noise uses to be located within the
•
60 dBA or 65 dBA CNEL airport noise contour maintain an interior noise level
of 45 dBA CNEL.
Policy N3.3
Oppose any attemptto modify the existing noise restrictions, including the
curfew and the General.Aviation Noise Ordinance.
Policy N3.4
Oppose any attempt to construct a second air carrier runway including the
acquisition of land necessary to provide required separation of the existing
air carrier runway and any proposed facility.
Policy N3.5
Support any plan or proposal that maintains, and oppose any plan or project
that proposes any significant changes to the existing level of general aviation
operations and general aviation support facilities.
Policy N3.6
Support preservation or enhancement of the existing remote monitoring
systems (RMS) and the public reporting of the information derived from the
RMS.
Policy N3.7
Support means of satisfying some of Orange County's air transportation
demand at facilities other than JWA including:
Policy N3.8
Take all steps necessary to preserve and protect the validity of the JWA
Amended Settlement Agreement, including:
■ Oppose, or seekng protection from any federal legislative or regulatory
action that would or could affect or impair the County's ability to operate
•
JWA consistent with the provisions of the JWA Amended Settlement
NOISE —DRAFT, I/2O/DIi 13
Agreement or the City's ability to enforce the Amended Settlement
• Agreement.
■ Approving amendments of the JWA Settlement Agreement to ensure
continued validity provided the amendments do not impair the quality of
life of Newport Beach residents.
■ Continuing to monitor possible amendment of the Airport Noise and
Capacity Act of 1990 as well as various FAA Regulations and Advisory
Circulars that relate to aircraft departure procedures.
Nontransportation-Related Noise
Goal N4
Minimized nontransportation-related noise impacts on sensitive noise
receptors.
Policy N4.1
Enforce interior and exterior noise standards outlined in Table 4, and in the
City's Municipal Code to ensure that sensitive noise receptors are not
exposed to excessive noise levels from stationary noise sources, such as
heating, ventilation, and air conditioning equipment.
Policy N4.2
Require that new uses such as restaurants, bars, entertainment, parking
facilities, and other commercial uses where large numbers of people may be
present adjacent to sensitive noise receptors obtain a use permit that is
based on compliance with the noise standards in Table 4 and the City's
•
Municipal Code.
Policy N4.3
Consider limiting hours of when recreational activities in parks and the
harbor can take place. Regulate the use of sound -amplifying equipment
through the City's Municipal Code.
Policy N4.4
Regulate the control of nuisances, such as residential party noise, boat party
noise, and barking dogs, through the City's Municipal Code.
Construction Noise
Goal 5
Minimized excessive construction -related noise.
Policy N5.1
Enforce the limits on hours of construction activity.
0
NOISE—DRAFT,1/2D/DD 14
CITY of NEWPORT BEACH
GENERAL PLAN
Figure 1 (1)
EXISTING
NOISE CONTOURS
Roadway Noise Contours
70 CNEL
O 65 CNEL
60 CNEL
AEWP Noise Contours
70 CNEL
O 65 CNEL
Q 60 CNEL
----- City Boundary
John Wayne Airport
iwE
o as
PItaJECr NVMEER:o IVSI9V1
I&pVeAeN W: HN Crtolatl W: MJ
Dab IroNe
CITY of NEWPORT BEACH
GENERAL PLAN
Figure 1 (2)
EXISTING
NOISE CONTOURS
Roadway Noise Contours
70 CNEL
65 CNEL
60 CNEL
AELUP Noise Contours
70 CNEL
65 CNEL
60 CNEL
----- City Boundary
John Wayne Alrpod
c as
Miks
PR JECI NUNAER: 10519.01
R qu lM HER 0..d by NJ
0.Ye: 1112106
CITY of NEWPORT BEACH
GENERAL PLAN
Figure 1 (3)
EXISTING
NOISE CONTOURS
Roadway Norse Contours
70 CNEL
O 65 CNEL
60 CNEL
----- City Boundary
John Wayne Airport
NM
9 05
ms +
clHarvw.un�crt uses aew econoros
FflOJKi NIIMBER:p 10579-01
Itapuesletl by. H1n aregb w W
um: 111an5
CITY of NEWPORT BEACH
GENERAL PLAN
Figure 2 (1(
FUTURE
NOISE CONTOURS
Roadway Noise Contours
70 CNEL
Q 65 CNEL
60 CNEL
AELUP Noise Contours
Q 70 CNEL
65 CNEL
Q 60 CNEL
----- City Boundary
John Wayne Airport
.Oo`
0 o.s
rwh
FFOJEQ NUM1AER. IOSI9-01
IiepuesleyNLR �try: MJ
Wle: 1ryN6
C.V'. E I P
CITY of NEWPORT BEACH
GENERAL PLAN
Figure 2 (2)
FUTURE
NOISE CONTOURS
Roadway Noise Contours
70 CNEL
65 CNEL
60 CNEL
AELUP Noise Contours
Q 70 CNEL
65 CNEL
60 CNEL
----- CBy Boundary
John Wayne Airport
IN[IEX
0 Os
!9b
cM n xmnl uM wm sin:!urvm n
CTNUM M: 1001V-01
sled W'. HN CwoleE W: W
;r; E1P
CITY of NEWPORT BEACH
GENERAL PLAN
Figure 2 (3)
FUTURE
NOISE CONTOURS
Roadway Noise Contours
70 CNEL
65 CNEL
60 CNEL
----- City Boundary
John Wayne Airport
Is
MI.
Nsa
PloI NWY H 10.5Q
Paqua 1112 y. HN OeMaU W'� MJ
nme: I/1RNe
EI P
of Newport Beach General Plan
Mariners' Mile Viewshed Policy
January 23, 2006
In reviewing the draft Land Use Element, the City Council requested clarification of Policy
6.19.9 addressing the protection of visual corridors from Coast Highway to the Harbor from
Coast Highway. As amended by the Planning Commission, the policy states:
Require that buildings be located and sites designed to provide significant visual
corridors of the Bay from Coast Highway.
The Council requested clarification of "significant visual corridor." Two basic approaches
have been used by other municipalities in their Local Coastal Programs to address this
issue. One defines general policies for the intended character of development and visual
access across the project site, deferring specific standards to subsequent zoning and/or
determining the appropriate view corridor through development review procedures to
facilitate consideration of the unique conditions of each project. Alternatively, some
municipalities have incorporated' specific open space corridor standards in their policy
documents. While the latter may provide certainty regarding the scale of a visual corridor, it
is a "one shoe fits all" solution that may fail to take into account unique site characteristics,
such as property size and configuration, uses, building form and heights, and driveway
access, which may warrant consideration of alternative solutions for the size, location, and
. design of the view corridor. For example, the number and size of view corridors on a 400
foot wide parcel may vary significantly from those that may be 800 feet in width. In our
opinion, a general policy approach that provides some flexibility is preferred and would
enable the City to work with developers in creating a plan that is uniquely responsive to each
project site.
In addition, it should be noted that the issue of view corridors in Mariners' Mile has primarily
been discussed in context of proposed mixed -use development of the Harbor frontages. As,
any development could adversely impact views, we recommend that any policy selected by
the GPAC be applied to all proposed development projects in this corridor.
1. Recommended General Policy Approach.
■ New development shall be sited and designed to provide views of the Harbor
from Coast Highway., This shall include the clustering of buildings to provide
open corridors to the Harbor, which provides a dedicated open corridor to the
Harbor; modulation of building volume and mass; variation of building heights;
inclusion of porticoes, arcades, and other "see -through" elements into the
buildings; and avoidance of landscape, fencing, and other non-structural
elements that block views of the Harbor.
■ A site -specific visual impact analysis should be conducted for significant new
development to determine and quantify impacts to the visual quality of the area
and to visual access.
■ New development should prevent an appearance of the public roadway being
walled off from the Harbor.
■ New development proposed on property between the Harbor and Coast Highway
• should incorporate setbacks that, in conjunction with setbacks on adjacent
properties, form functional view corridors
•
•
2. Alternative Specific Standards Approach.
New development on the Harbor side of Coast Highway shall be planned and
designed to provide a view corridor to the Harbor, in accordance with the following
criteria:
■ Buildings shall not occupy more than 80 percent of the Harbor frontage of
properties of200 feet or greater length.
■ The remaining 20 percent shall be maintained as a contiguous open space for
views from Coast Highway to the Harbor.
■ Fencing or landscaping within the visual corridor shall be visually permeable and
not block or obscure bluewater views.
2
E
0
Changes recommended by Harbor Commission shown in
Junderline
Harbor and Bay Element
Newport Bay, including the Upper Bay and Newport Harbor in the Lower Bay, is a vital
component of Newport Beach's natural resources, community identity and economy.
Some aspects of the Harbor and Bay, are covered n the Natural Resources and
Recreation Elements. The Lower Bay and Newport Harbor have many relationships to the
use of the uplands along the waterfront, and it is appropriate to address these areas and
issues associated with them in the Land Use Element.
Over the decades, public and private initiatives have enhanced and improved the
natural resources of the Lower Bay to create what is today a world class small craft
harbor. The natural and manmade resources of the Bay were once home to an
economy that saw commercial fishing, fish canning, and industrial shipbuilding coexist
with recreational boaters, restaurants and waterfront homes. Today, fish canning and
shipbuilding industrial uses are gone, while a wide range of recreational boating activities
such as sport fishing, kayaking, diving, wind surfing, sailboat racing, excursion and
entertainment boat activities, as well as visitor serving commercial and recreational uses
and waterfront residences, are the main land uses located along the harbor. These
different users of coastal lands and the water can lead to competing interests and
demands, which are magnified by rising land values and a changing economic climate.
Several issues presently face the harbor and bay areas. These include:
• Economic pressures to replace marine uses and harbor support facilities and
services with residential uses.
• Balancing access to and benefits of marine uses such as recreational boating
activities and marine commercial uses with associated impacts such as noise,
traffic, parking, and disturbances to sensitive environmental resources and
habitats.
• Increasing demand to accommodate larger vessels in the harbor, leaving limited
affordable berthing and dry storage options for smaller boals and vessels.
The goals and policies pertaining to harbor issues are intended to guide the content of
regulations related to development of, and the activities conducted on, the water.
Additional goals and policies recognize the important component of land use decisions
related to waterfront properly around Newport Harbor. The aim of Harbor and Bay
related goals and policies is to preserve the diversity and charm of existing uses without
unduly restricting the rights of the waterfront property owner. Goals and policies within
the Harbor and Bay Element have been organized to address both water and land
related issues.
Deleted: strikeout — j
Deleted: 0>Improper moonng
transfers, leading to lack of public
access to available moorinm it
•
r
U
•
Diversity of Land Uses
Goal 5.14 Preservation of the diverse uses of the Harbor and the waterfront that
contribute to the charm and character of Newport Bay, and that provide
needed support for recreational boaters, visitors, and residents.
Policies
LU5.14.1 Preserve and enhance the following uses that contribute to the diversity and
charm of Newport Bay, and the balance among them:
■ Male dependent and water -related recreational activities such as
boating, sailing, wind surfing, fishing, kayaking, rowing, and swimming.
■ ;Walerdependent_ and water -related commercial _activities such as
passenger/sightseeing boats, passenger -fishing boats, boat rentals and
sales, entertainment boats, boat/ship repair and maintenance, and
harbor maintenance facilities.
• Water -enhanced commercial uses such as restaurants and retail stores._ _-
■ Waler-related public recreation and education areas and to such
as beaches, piers, view parks and nautical museums and related public
areas providing access to, and views of, Newport Harbor.
• Coastal residential communities.
LU 5.14.2 Encourage the creation of a waterfront public space, with adjacent wafer
access and docking facilities that serves as the identify and activity "center"
of Newport Harbor for special events of community/regional interest.
Deleted: Coastal
Deleted: Coastal
Deleted: Coastal
Deleted: Coastal
Goa15.15 Retention ofwater-dependent and w, a_ter-related uses and recreational _ Deleted: coaslal-
activities as primary uses of properties fronting on the Harbor. Deleted: coastal -
Policies
LU 5.15.1 Site and design new development to avoid impacts 10 existing and potential
water -dependent and water -related uses. Deleted: coastal-
' Deleted: coastal-
LU 5.15.2 Consider the impact on water -dependent and wester -related land uses when Deleted: coastal -
reviewing proposals for land use changes, considering both the subject
property and adjacent properties. Deleted: coastal-
LU 5.15.3 Encourage the preservation and enhancement of existing marine support
uses serving the needs of existing waterfront uses and the boating community.
LU 5.15.4 Accommodate private sector uses, such as vessel assistance, that provide
emergency, environmental enhancement and other services that are not
provided by the public sector and that are essential to the operation of a
working harbor.
LU 5.15.5 Encourage development of waterfront facilities that accommodate
displaced waier-dependent uses._ _ _ _ _ _ _ _ - Deleted: coastal-
LU 5.15.6 Ensure that new or improved public access facilities are compatible with
existing, permitted land uses and consistent with the availability of supporting
infrastructure, such as parking and restrooms.
0
•
•
Goal5.76 Enhanced and updated waterfront commercial areas.
Policies
LU5,16.1 Preserve and/or enhance existing w�atei-enhanced, wale related and — Deleted:coastal-
water-dependent commercial uses and marine oriented commercial areas_ petered: coastal
through building improvements and programs that preserve the design and Deleted: coaslak
character of the Harbor.
LU 5.16.2 iscourage redevelopment of water -dependent _commercial uses, ,Allow_
redevelopment assuring water -dependent uses remain especially in those
areas with adequate infrastructure and parcels suitable for redevelopment as
an integrated project.
LU 5.16.3 In establishing land use regulations, consider the operational characteristics of
land uses that support the Harbor, and whether such uses can be relocated
to inland locations and/or if technological advances will eliminate the need
for such support uses in the foreseeable future. (CLUP Policy 3.3.3-3)
Diversity of Water Uses
Deleted: En
Deleted: outmoded or antiquated
Harbor
Deleted: as part of an overall
program to revitalize the older
commercial and marine oriented
areas
GoaI5.17 Preservation of existing commercial uses in the Harbor to maintain and
enhance the charm and character of the Harbor and to provide support
services for visitors, recreational boaters, and other water -dependent uses. Detetea: coosta
Policies
LUSAN: Support continued operation of passenger/sightseeing boats, passenger
fishing boats ("day boats"), and long-term boat rentals and sales.
LU 5.17.2: Support continued short-term rental of small boats while encouraging vendors
to teach customers how to safely operate the watercraft.
LU 5.17.3: Support continued operation of entertainment and four boats subject to
reasonable regulations designed to ensure the operations don't have an
adverse impact, such as unsafe navigation, impaired water quality, reduced
visual quality, excessive noise, unsafe street traffic conditions, or parking
shortages on the environment and land uses surrounding the harbor.
LU 5.17.4 Limit the number of "live -aboard" vessels to protect the environment, and
impacts to the public and waterfront owners/lessees.
Goal 5.18 A variety of vessel berthing and storage opportunities.
Policies
5
LU 5.18.1 Protect and, where feasible through the use of new designs and technology
enhance and expand marinas and dry boat storage facilities. (CLUP Policy
• 3.3.2-1)
LU 5.18.2 Provide a variety of berthing and mooring opportunities throughout Newport
Harbor, reflecting State and regional demand for slip size and affordability.
(CLUP Policy 3.3.3-2)
LU 5.18.3
Provide anchorages in designated Federal areas that minimize interference
with safe navigation and where shore access and support facilities are
available.
LU 5.18.4
Authorize, pursuant to permit, license or lease, new and existing piers and
docks bayward of waterfront residential properties, subject to appropriate
conditions that ensure compatibility with residential uses.
LU 5.18.5
Facilitate access to vacant moorings for temporary rental use
Deleted: Stdclly regulate the
transfer of mooring titles to ensure
City control, appropriate revenue
to the rdelands fund, and public
access to affordable vacant
' moorings.
Visual Character
Deleted: it
Goal 5.19
Preservation and enhancement of Newport Harbor's variety of
beach/bulkhead profiles that characterize its residential and commercial
waterfronts.
Policies
LU 5:19.1
Balance private property rights, natural harbor Jidal and current forces and
Deleted: hydraulic
other coastal processes (such as erosion and accretion) and harbor
aesthetics with other policies when considering designs for new or renovated
•
bulkhead permits.
LU 5.19.2
Permit and design bulkheads and groins to protect the character of the
existing beach profiles found around the Harbor and island perimeters, and
the safe navigation and berthing of vessels,
LU 5.19.3
Limit structures bayward of the bulkhead line to piers, floats, groins and
appurtenances related to marine activities. (CLUP 3.1-4-4)
LU 5 19 4
Utilize State and City regulations to remove derelict abandoned and
unseaworthy vessels from City controlled tidelands orompfly.
Administration
Goal5.20 Coordination between the City, County, State, and Federal agencies having
regulatory authority in the Harbor and Bay.
Policies
•
4
• LU 5.20.1 Prepare and fund a joint City/County study that would do the following:
• Identify the respective services provided by the City and County in Newport
Harbor.
• Determine the cost of those services.
• Identify opportunities for the Chy and County to realign resources to provide
services at reduced costs.
• Identify the sources of revenue available to defray the cost of those services.
• Identify potentially feasible methods of providing those services with
volunteers rather than with public agency personnel.
LU 5.20.2 Periodically review all Harbor planning, design, engineering, and _ Deleted: update
environmental criteria, standards, requirements and processes.
Goal5.21 Adequate harbor access for coastal -dependent harbor maintenance
equipment and facilities.
Policies
LU 5.21.1 Provide harbor access for harbor maintenance equipment and facilities,
including dredging, dock demolition, repair and construction, mooring
services, debris and spill management equipment, and general harbor
construction, maintenance and repair.
• LU 5.21.2 Work with other controlling agencies within the Harbor, and/or the Bay, to
define an area that can support harbor maintenance facilities and
equipment.
Goal5.22 Balance between harbor revenues and expenses
Policies
LU 5.22.1 Receive a fair return from all tideland users to recapture all related City
investment, services and management costs.
LU 5.22.2 Provide alternative and supplemental Harbor funding, including seeking
federal and state grants and loans for boater safety, education,
maintenance, and capital improvements of the Harbor.
LU 5.22.3 Review the administration of tidelands leases and permits, and consider _ _ ._ Deleted: secure longer -term
accepted Best Management Practices to assist In redevelopment,
6
•
•
0
maintenance, and financing of waterfront developments, and to reflect fatr
market value in the lease rates.
Add Harbor and Bay policies from Recreation Circulation Natural Resources and Safety Formatted: Indent:
Elements shown on attached chart.
Formatted
Harbor and Say Element
Existing -Harbor
Proposed Location of-New.Harbor
Existing and•Revised Goals and Policies
and.Bay Element
and l3ayE=01: GoaUPolicies
'
-
GoalslPolicies
PUBLIC ACCESS -
Goal HB-1
Land Use Goals 5.14-5.21
Preserve the diverse uses of the Harbor and the waterfront that contribute to the charm and character
of Newport Bay, that provide needed support for recreational boaters, visitors, and residents with
regulations limited to those necessary to protect the interests of all users. The following are some of
the uses that contribute to the diversity and charm of Newport Bay and should be preserved and
enhanced where possible:
1. Water -dependent and water -related recreational activities such as boating, sailing, wind surfing,
fishing, kayaking, rowing, and swimming.
2 Water -dependent and water -related commercial activities such as passenger/sightseeing boats,
-
passenger -fishing boats, boat rentals and sales, entertainment boats, boat/ship repair and
maintenance, and harbor maintenance facilities.
3. Water -enhanced commercial uses such as, but not limited to, restaurants and retail stores.
4 Waterfront public recreation and education areas and facilities such as beaches, piers, view parks
and nautical museums and related public areas providing access to, and views of, Newport Harbor.
Goal HB-2
Maintain and enhance public access to the Harbor water and waterfront uses.
Recreation Goal 9
Revised Goal: Provision and maintenance of public access for recreational purposes to the City's
coastal resources.
Policy HB-2.1.1
Encourage the expansion and improvement of existing public waterfront access and water -uses
access which provide important links to water front uses such as beaches, small vessel launching
facilities, public docks, and other similar public water area uses
Recreation Policy 9.1
Revised Policy: Provide adequate public access to the shoreline, beach, coastal parks, trails, and
bay, and acquire additional public access points to these areas and provide parking, where possible.
Policy HB-21 2
Encourage the creation of a single waterfront public pedestrian space, with adjacent water access and
docking facilities that serves as the identity and activity "center of Newport Harbor for special events
of community/regional interest
No revisions
Policy HB-2.1 3:
Encourage the expanded development of waterfront public pedestrian access systems and facilities
Harbor and Bay Element
Eldsting Harbor I
Proposed -Location of Neva Harbor
Fisting and=Revised Goals and Policies - -_ - -
and Bay Element
andBay ElementGoallPolfeies-
(2000)
Goals/Policies-
such as waterfront boardwalks and links between commercial waterfronts and public sidewalks on
ad acent streets with due regard to protection of property and property rights.
Circulation Policy 5.1.14
Revised Policy: Develop and implement a long-range plan for public trails and walkways to access all
appropriate commercial areas of the harbor, as determined to be physically and economically
feasible including: [LCP]
• Extend the Lido Marina Village boardwalk across all of the waterfront commercial properties in Lido
Village
• Provide a continuous waterfront walkway along the Rhine Channel connecting Cannery Village and
McFadden Square waterfront commercial areas with Las Arenas Beach at 19th Street
• Provide a walkway connecting the Lido Village area with Mariner's Mile, _ _
• Provide a continuous walkway along the Manners Mile waterfront from the Coast HighwaylNewport
Boulevard Bridge to the Balboa Bay Club
Policy HB-2.1 4
Deleted
Encourage and provide incentives for the private construction of elements of public waterfront
pedestrian connections and areas along the Harbor perimeter, where practicable, as part of waterfront
access and use areas such as outdoor dining, etc.
Revised Policy: Merged with Recreation Goal 9 and Recreation Policy 9.1
Policy HB-2.1 5.
New or improved public access facilities shall be consistent with the infrastructure holding capacity
and compatible with existing land uses.
Land Use Policy 5.15.7
Ensure that new or improved public access facilities are compatible with existing, permitted land uses
and consistent with the availability of supporting infrastructure, such as parking and restrooms.
Policy HB-2.1.6:
Encourage an increase in the capacity, and availability of day use and overnight dockage in
commercial areas with restroom facilities provided within the Harbor by public and private entities
subject to appropriate restrictions to protect water quality.
Recreation Policy 8.3
Revised Policy: Encourage the provision of guest slips, moorings, waste pump -out stations, and
anchorages in Newport Harbor. Coordinate work with the Orange County Harbor, Beaches, and Parks
Department to provide such facilities where appropdate and feasible.
Recreation Policy 8.5
Revised Policy: Protect and, where feasible, expand, and enhance:
• Waste pump -out stations
• Vessel launching facilities
2
Farnatted
Deleted: , d feasible
Formatted
Harbor and Bay Element
Existing Haiboc
Proposed -Location otNew-Harbor
Existing and Revised Goals -and Policies _ -
andBayErfnent
and SayElemeotGoal/Policfes
- -
"(2000)
- -
-
GoalslPolicies
• Low-cost public launching facilities
• Marinas and dry boat storage facilities
• Guest docks at public facilities, yacht clubs and at privately owned marinas, restaurants and other
appropriate locations
• Facilities and services for visiting vessels
• Facilities necessary to support vessels berthed or moored in the harbor, such as boat haul out
facilities
• Existing harbor support uses serving the needs of existing waterfront uses, recreational boaters, the
boating community, and visiting vessels
Policy HB-2.1.7:
Encourage new and improved facilities and services for visiting vessels, including public mooring and
docking facilities, dinghy docks, guest docks, club guest docks, pump -out stations and other features,
through City, County, and private means.
Recreation Policy 8.5
Revised Policy: Merged with Recreation Policy 8.5
PUBLIG ACCESS —Continued"-
Objective HB-2 2
Maintain and enhance existing harbor public water transportation; encourage and provide incentives
for expansion of these uses and land support facilities.
Circulation Element Goal 5.2
Revised Goal: Enhanced and maintained public water transportation services and expanded public
water transportation uses and land support facilities.
Policy HB-2 2.1:
Maintain and enhance existing water transportation uses and their support facilities that provide
important public transportation services linking the Harbor with other resort and tourism destinations
and providing cross -Harbor service Preference should be given to the existing water -dependent uses
of this type that are located in the Harbor, and that cannot operate without adequate and appropriate
land parking areas, vehicular and pedestrian access and docking and navigability access.
Circulation Element Policy 5 2.1
Revised Policy: Coordinate the location of marine terminals with other components of the
transportations stem to ensure convenient multi -modal access and adequate parkin .
Policy HB-2 2.2
Encourage the expanded development and improved operation of existing and new public and private
water transportation systems and facilities (vessels, docks, waiting areas, pedestrian access, parking,
etc) that provide a diversity of coastal and in -harbor water transportation choices, (ferries, water taxis,
etc.
Circulation Element Policy 5.2.2
Revised Policy:
Promote opportunities to expand water transportation modes, such as water based shuttle services
and water taxis.
Policy HB-2.2.3:
Encourage development of additional public and private docks to serve only water transportation uses
and activities.
Circulation Element Policy 5.2.2
Mer ed with CE 5.2.2 _
Not in current HB
Element
Circulation Element Policy 5.2.2
Revised Policy: Merged with CE 5 2.2
WATER OFtACITYANO
THE ENVIRONMENT
Objective HB-3.1
Protect, preserve and enhance the natural wildlife and plant -life in and around Upper and Lower
Newport Bay.
Natural Resources Goal 15 and
Revised Goal: Protection and management of Upper Newport Bay commensurate with the standards
Policies 15.1 —15.5
applicable to our nation's most valuable natural resources
Revised Policy: Support and secure federal funding for the Upper Newport Bay Ecosystem
Restoration Project to restore the Upper Newport Bay to its optimal ecosystem. [LCPj
Revised Policy: Support and implement unified management of the Upper Newport Bay State Marine
Park (formerly Ecological Reserve) by collaborating with Orange County, and California Department of
Fish and Game, non-profit corporations with resource management expertise and volunteer
organizations to maximize improve resources management, implement resource enhancement
projects and expand opportunities for public access, recreation, and education.
Revised Policy: Assume responsibility from the County to manage, operate and maintain the Upper
Newport Bay Nature Preserve, including the Peter and Mary Muth Center, such that natural resources
and public education programs are enhanced, using a combination of public agency and private sector
personnel as well as volunteers.
Revised Policy: Maintain public use of the Upper Newport Bay State Marine Park (formerly Ecological
Reserve) to the extent such use is consistent with the preservation of sensitive resources.
Revised Policy: Promote facilities in and around Upper Newport Bay to adequately serve -as water
quality and estuarine education and research programs.
Objective HB-3.2
Enhance the water quality in Upper Newport Bay and Newport Harbor.
Natural Resources Goal 3
New Goal: Enhancement and protection of water quality of all natural water bodies, including coastal
I
waters, creeks, bays, harbors and wetlands.
Policy HB-3.1.1:
Protect and enhance the marine environment in the Upper Newport Bay Ecological Reserve and
NewDort Harbor
Natural Resources Goal 15 and
Revised Goal and Policies: See Natural Resources Goal 15 and Policies 15.1 —15.5 above.
Policies 15.1-15.5
Policy HB-3.1.2
Ensure that the water quality in Upper Newport Bay and Newport Harbor meets Federal, State and
local standards for human body contact and will allow the marine environment to survive and flourish.
Natural Resources Policies 3.1 — 3.22
Revised Policy: Support the development of a model (physical and/or mathematical) of the Bay and
coastline that provides information regarding the nature and extent of the water quality problem and
enables prediction of the effects of changes on the entire system.
Note: Staff recommends deletion in response to Harbor Commission comments and because Natural,
leleled.Re : viaea Polio" oppose
g in the offshore area to
Resources Element has a separate coal and policies dealing with Mineral Resources makino this
pollcy redundant_
ct wter quality.
Revised Policy: Support regulations limiting or banning the use insecticides, fertilizers, and other
chemicals which are shown to be detrimental to water quality.
Deleted: ll
Revised Policy: Promote pollution prevention and elimination methods that minimize the introduction
of pollutants into natural water bodies. [LCPj
Revised Policy: Suspend activities and implement appropriate health and safety procedures in the
event that previously unknown groundwater contamination is encountered during construction Where
site contamination is identified, implement an appropriate remediation strategy that is approved by the
City and State agency with appropriate jurisdictions.
Revised Policy: Require all development to comply with the regulations under the City's municipal
separate stone sewer system permit under the National Pollutant Discharge Elimination System.
Revised Policy: Require that development not result in the degradation of natural water bodies. [LCP]
Revised Policy: Support and participate in watershed -based runoff reduction, water quality control,
and other planning efforts with the California Regional Water Quality Control Board (RWQCB), the
County of Orange, and upstream cities. [LCPI
5
• i •
Revised Policy: Update and enforce the Newport Beach Water Quality Ordinance. [LCP]
Revised Policy: Develop and maintain a water quality checklist to be used in the permit review
process to assess potential water quality impacts [LCP]
Revised Policy: Require new development applications to include a Water Quality Management Plan
(WQMP) to minimize runoff from rainfall events during construction and post -construction. [LCP]
Revised Policy: Implement and improve upon Best Management Practices (BMPs) for residences,
businesses, development projects, and City operations. [LCP]
Revised Policy: Include site design and source control BMPs in all developments When the
combination of site design and source control BMPs are not sufficient to protect water quality as
required by the National Pollutant Elimination System, structural treatment BMPs will be implemented
along with site design and source control measures. [LCP]
Revised Policy: Include equivalent BMPs that do not require infiltration, where infiltration of runoff
would exacerbate geologic hazards [LCP]
Revised Policy: Promote the use of natural wetlands to improve water quality.
Revised Policy: Retain runoff on private property to prevent the transport of pollutants into
recreational waters, to the maximum extent practicable. [LCP]
Revised Policy: Require all street drainage systems and other physical improvements created by the
City, or developers of new subdivisions, to be designed, constructed, and maintained to minimize
adverse impacts on water quality. Investigate the possibility of treating or diverting street drainage to
minimize impacts to water bodies.
Revised Policy: Require that development be located on the most suitable portion of the site and
designed to ensure the protection and preservation of natural and sensitive site resources that provide
important water quality benefits. [LCP]
Revised Policy: Require that parking lots, and public and private rights -of -way be maintained and
cleaned frequently to remove debris and contaminated residue. [LCP]
i
Revised Policy: Effectively communicate water quality education to residents and businesses,
including the development of a water quality testing lab and educational exhibits at various educational
facilities. [LCP]
Revised Policy: Require incorporation of natural drainage systems and stormwater detention facilities
into new developments, where appropriate and feasible, to retain stormwater in order to increase
groundwater recharge.
Revised Policy: Require new development and public improvements to minimize the creation of and
increases in impervious surfaces, especially directly connected impervious areas, to the maximum
extent practicable. Require redevelopment to increase area of pervious surfaces, where feasible.
Policy HB-3.1.3
Participate in and support cooperative programs with other cities, public agencies and resources
agencies within, or with jurisdiction over, the San Diego Creek watershed to adopt and implement
programs, regulations and funding to sustain/maintain/enhance the marine environment and water
quality in Upper Newport Bay and Newport Harbor.
Natural Resources Goal 3 and
Revised Goal and Policies: See Natural Resources Goal 3 and Policies 3.1 —3 22, and Policies 15.1
Policies 3.1 — 3.22, and Policies 151
and 15.2 above.
and 15 2
Policy HB-3.1.4
Provide opportunities and facilities for visual interaction and educational opportunities for appreciation
and protection of the wildlife and plant -life of the Upper Bay and Newport Harbor and the importance
of water quality to the protection of the marine environment.
Natural Resource Policy NR15.5
Revised Policy: Promote facilities in and around Upper NB to adequately serve as water quality and
estuarine education and research ro rams.
_
ADMINISTRATION -- '- -- - - - -- --
Objective HB-5.3•
Maintain and enhance navigation channels, public and private vessel berthing areas and beaches.
Natural Resources Goal NR 13 and
Revised Goal: Maintain and enhance deep water channels and ensure they remain navigable by
Policies 13.1, 13 2 and 13.3
boats.
Revised Policy: Support and assist in the management of dredging within Newport Bay. [LCP]
Revised Policy: Cooperate with the U S. Army Corps of Engineers in their maintenance and
delineation of federal navigational channels at Newport Harbor in the interest in providing navigation
and safety. [LCP]
Revised Policy: Secure blanket permits or agreements through the U.S. Army Corps of Engineers
and the California Coastal Commission to expedite permit processing for residential and commercial
dock owners in the Bay. [LCP]
'
Policy HB-5.3.1:
Maintain public Bay beaches through beach nourishment programs to the fullest extent possible for
the enjoyment and safety of the general public and harbor residents, and for the protection of existing
structures
Safety Policies 2.5 and 3.3
Revised Policy: Encourage the use of nonstructural methods, such as dune restoration and sand
nourishment, as alternatives to shoreline protective structures. [LCP]
Revised Policy: Develop and implement a comprehensive beach replenishment program to assist in
maintaining beach width and elevations. Analyze monitoring data to determine nourishment priorities,
and try to use nourishment as shore protection, in lieu of more permanent hard shoreline armoring
options. (LCP]
Policy HB-5.3.2:
Pursue means of sand retention (in addition to beach nourishment) when possible and cost effective,
with minimum disruption to beach continuity and visual aesthetics.
Safety Policies 3.2, 3.3 and 3.5
Revised Policy: Continue to monitor beach width and elevations and analyze monitoring data to
establish approximate thresholds for when beach erosion or deflation will reach a point that it could
expose the backshore development to flooding or damage from storm waves [LCP]
Revised Policy: Encourage the use of nonstructural methods, such as dune restoration and sand
nourishment, as alternatives to shoreline protective structures. [LCP]
Revised Policy: Develop and implement a comprehensive beach replenishment program to assist in
maintaining beach width and elevations. Analyze monitoring data to determine nourishment priorities,
and try to use nourishment as shore protection, in lieu of more permanent hard shoreline armoring
options [LCP]
Policy HB-5.3.3:
Maintain adequate dredged depths for safe boat navigation and berthing throughout all areas of the
Harbor, with particular attention to safety and rescue, residential and commercial dockage and
channel access areas of high use intensity and safety.
Natural Resources Goal NR 13 and
Revised Goal and Policies: See Natural Resources Goal NR 13 and Policies 13.1, 13.2 and 13.3
Policies 13 1, 13.2 and 13.3
above.
8
Policy HB-5.2 3:
Utilize, or establish, and enforce consistently, government and marine industry standards and
guidelines for the operation and environmental controls of such uses and activities. Establish
procedures and publidprivate cooperation and communication for the emergency use of these
facilities and equipment in advance of flood, storm, pollution, dredging, vessel sinking, and other
events, and to implement these procedures from these uses as "emergency bases of operations"
supplementing public agency safe and rescue bases and equipment
Safety Policy 9.8
Revised Policy: Establish procedures and publidprivate cooperation and communication for the
emergency use of coastal facilities and equipment in advance of flood, storm, pollution, dredging,
vessel sinking, and other events, supplementing other safety and rescue bases and equipment.
Natural Resources Polic 10.14
New Policy: Adopt and enforce an ordinance prohibiting feeding sea lions in Newoort Harbor
Formatted:
GENERAL PLAN ADVISORY COMMITTEE
Saturday, January 28, 2006
Roger Alford
Ronald Baers
Patrick'Bartolic
Phillip Bettencourt
Carol Boice
Elizabeth Bonn
Gus Chabre
John Corrough
Lila Crespin
Laura Dietz
Grace Dove
• Nancy Gardner
Gordon Glass
Louise Greeley
Ledge Hale
Bob Hendrickson
Tom Hyans
Mike Ishikawa
Kim Jansma
Mike Johnson
Bill Kelly
Donald'Krotee
Lucille Kuehn
Philip Lugar
William Lusk
• Marie Marston
'k
1
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Jim Navai
• Catherine O'Hara
Charles Remley
Larry Root
John Saunders
Hall Seely
Jan Vandersloot
Tom Webber
Ron Yeo
Raymond' Zartler
n
LJ
•
2
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GENERAL PLAN AMISORY COMMITTEE
Saturday, January 28, 2006
PUBLIC SIGN -IN
NAME ADDRESS/PHONE
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GENERAL PLAN AASORY COMMITTEE
Saturday, January 28, 2006
PUBLIC SIGN -IN
NAME ADDRESS/PHONE
11
E-MAIL ADDRESS
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4•
GENERAL PLAN ANISORY COMMITTEE
Saturday, January 28, 2006
PUBLIC SIGN -IN
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4 GENERAL PLAN AASORY COMMITME •
Saturday, January 28, 2006
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GENERAL PLAN ASORY COMMITTEE
Saturday, January 28, 2006
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[ 4. Newport Beach General Plan Update: GPAC January 28, 2006. Page 1 of 2
Ramirez, Gregg
• From: Philip Bettencourt [Philip@bettencourtplans.coml
Sent: Friday, January 27, 2006 11:63 AM
To: Wood, Sharon
Cc: Nancy Gardner Co-chair; phillip.lugar@earthlink.net; Ramirez, Gregg; Richard Luehrs; 'Kristine
Thalman';'RogerAlford'; dlegan@hoaghospital.org; Selich, Edward; pbcourt@cox.net
Subject: Newport Beach General Plan Update: GPAC January 28, 2006.
Sharon and colleagues, I have a prior commitment up in Orange Park Acres for a
community association meeting so I will be a little late arriving Saturday. Never the less,
could I please share a few questions and reactions to your mailed GPAC package:
Housing Element.
o It is not clear from the transmittal if any changes have been made by the
staff and /or consultants to the existing Element
o Should we really just be dealing with pages 65-80 (Goals, PoIicies...Programs)?
o Why does Figure 3 depicting the Banning Ranch use a site constraints exhibit
• but all other area exhibits use a "Land use Recommendations" exhibit - and do
these exhibits now reflect the final determinations in the CEQA analysis?
o Have any new "For Sale" affordable units been developed in the last five years
- and are any scheduled to be developed in the next five years?
o What would be the component of the "fast -tract" review process called for at
page 76 in light of City Charter 423, TPO, Coastal Commission, and CEQA
requirements?
o If the Banning Ranch or Airport Areas precluded from developing due to open
space acquisition or General Plan inaction, how
o many potential affordable housing unit opportunities would be lost?
Noise.
o Again, is this new text? Don't we have an existing Element?
o I agree with the statement at pg 6 that "Mixed use projects represent a
unique noise environment and... that special programs are required."
o Policy N1.7. I am troubled by the design mandate using the standard "...
whenever physical possible...." We have just helped Kevin Weeda entitle a
fabulous new mixed use project in Brea by Stearns Architecture that got rave
• reviews by city officials but that could probably not meet this standard
o Policy N3.3 Why would you show a predisposition to anychanges in these
regulations if the changes could benefit our city constituencies?
01/27/2006
j , -.,Newport Beach General Plan Update: GPAC January 28, 2006. Page 2 of 2
Mariner's Mile View shed Policy_
o Is this a staff -consultant sponsored statement"
• o This is sponsored as a "harbor" view protection measure. Are there similar
standards for ocean perimeter properties - and does Harbor mean lower
Newport Bay or the Upper Newport Bay as well?
o Is this level of design specificity really a General Plan matter?
o Weren't these issues already addressed in the LCP?
o When applying government mandates, should we draw a distinction 'between
public and private views? That's what the Coastal Commission does
•
Harbor and Bay Element.
o I support the recommendation of the Harbor Commission to give these policies
the dignity of being a free standing element
See you Saturday morning!
Philip F. Bettencourt
10 Sugar Pine Road
Newport Coast, California 92657
Cell: 949-874.4443
HYPERLINK"malllo:PBCourt@Cox.net"PBCourtCox.net
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01/27/2006
CITY OF NEWPORT BEACH
TO: General Plan Advisory Committee ,)
FROM: Sharon Wood, Assistant City Manager e1
DATE: January 30, 2006
SUBJECT: MORE INFORMATION
Attached is the PowerPoint presentation given by Nancy Gardner at Speak Up
Newport. If you plan to do any outreach meetings, please contact Gregg
Ramirez at 644-3219. If staff is available we can attend the meeting with you to
answer questions and provide the equipment for the presentation.
The Chamber of Commerce Business Expo, "Business at the Beach," is Tuesday,
February 28, 5:00 - 8:00 p.m. at the Marriott. The City's booth is small, and
we'll have a couple staff people there on Economic Development activities and
the Centennial, so we don't need many GPAC members to be available to talk
about the General Plan update. A few people might want to share the duty, and
take shifts of an hour or hour and a half. And I forgot to mention that there's
usually a pretty nice presentation of food at the event. If you are interested,
please let me know.
rI
CI
THE GENERAL FLAN AND
THE GENERAL PLAN
ADVISORY COMMITTEE
General Plan Advisory
(GPAC)
19�
• GPAC - 38 members balanced by
geography, age, gender and interest
• GPAC
Representation
Chart
CURRENT GENERAL PLAN ADVISORY COMMITTEE
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General Plan Advisory
IW
® GPAC begins March, 2002 with goal of
voter approval November, 2006.
U , k General Plan Advisory Committee
JR-
• First task - review data from the
Visioning Process
a. From that, create Vision Statement
= framework for what follows.
General Plan Advisory
Q�iFORl.;. `.
rj,
Review requirements of outside agencies:
a.. All General Plan elements must be consisten
and have equal weight
`Land Use, Circulation, Housing, Natural
Resources, Recreation, Harbor, Noise,
Public Safety
b. Circulation element must be consistent with
County Master Plan or City loses funding
c. City must identify sites for housing to meet
fair share of projected regional needs
d. Coastal Act requirements (access, visitor -
serving and marine uses)
wPO
General Plan Advisory
L
• Develop options to study for various areas
within the city.
:�yEWPp�'
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a. Example: Banning Ranch options
* open space
*875 homes, 35,000 sf commercial
*1,765 homes, 75,000 sf commercial
*2,735 homes and 400,000 sf
commercial/industrial (current
General Plan)
General Plan Advisory
L-1
r�
i
0 Options go to Manning Commission
and City Council for input.
General Plan Advisory
RU
0
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it,
ions are evaiva
impa
General Plan Advisory
r various
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0 a •
GPAC makes recommendations for each area
a. Banning Ranch
*open space.
If funding not available, preserve majority as
open space and accommodate a maximum o
375 residential units and 35,000 sf of
commercial.
b. Airport
*Accommodate a maximum of 3300
residential units including workforce
housing to satisfy housing requirements an
to decrease vehicle trips because of
proximity to work
*decrease commercial square footage.
v ' General Plan Advisory Committee
------------
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• Recommendations go to Planning
Commission, then City Council for
approval / changes.
�YVa'
General Plan Advisory
=
• GPAC develops policies for the various
General Plan elements.
Example: Land Use Element
`Growth Management: Implement a
conservative growth strategy that enhances the
quality of life of residents and balances the
needs of all constituencies with the preservation
of open space and natural resources.
Example: Natural Resources Element
Require that development not result in the
degradation of natural water bodies.
�WPp
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0-4
General Plan Advisory
L
• Policies go from GPAC to
*Planning Commission
*City Council
*Workshops for the public
General Plan Advisory
0
• Approval Process
�WPo a
*Planning Commission public
hearings and recommendations
`City Council hearings and adoption
*voter approval of increases in land
use intensity, per Charter
Section 423
General Plan Advisory
1:7-
•
•
•
CITY OF NEWPORT BEACH
GENERAL PLAN UPDATE
Notice of Preparation/Initial Study
Prepared for
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, California 92658-8915
Prepared by
EIP Associates
12301 Wilshire Boulevard, Suite 430
Los Angeles, California, 90025
January 2006
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
DATE: January 27, 2006
TO: Agencies, Organizations, and Interested Parties (see distribution list)
FROM: City of Newport Beach, Planning Department
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report
The Cityof Newport Beachwill be the Lead Agency under the California Environmental QualityAct (CEQA) and
will prepare a Draft Environmental Impact Report (EIR) for the Newport Beach General Plan Update (proposed
project). The City has prepared an Initial Study and will prepare a comprehensive environmental document
evaluating the potential environmental effects of the General Plan Update.
Agencies: The City requests your agency's views on the scope and content of the environmental information
relevant to your agency's statutory responsibilities in connection with the proposed project, in accordance with
California Code of Regulations, Title 14, Section 15082(b). Your agency will need to use the EIR when considering
any permit or other approval that your agency must issue for the project.
• Organizations and Interested Parties: The City requests your comments regarding the environmental issues that
should be addressed in the EIR
Project Location and Description: A detailed Project Description is attached. The entire Planning Area includes
the existing City of Newport Beach boundaries (totaling 13,062 acres, excluding watetways) and its sphere of
influence. The General Plan Update defines comprehensive land use, noise, housing, circulation andinfrastructure,
public service, resource conservation, and public safety policies for the entire City. While policies regarding future
land use and growth are addressed from a citywide perspective, the majority of land use changes are limited to nine
primary study areas. Accordingly, the EIR will comprehensively address the impacts of all policies throughout the
City and, additionally, focus on those areas in which the most significant land use changes could occur. Refer to the
attached Project Description for more information.
Environmental Impact Report: By its nature, the General Plan Update requires a program -level EIR According
to Title 12, Section 15168 of the California Code of Regulations, a program EIR may be prepared on a series of
actions that can be characterized as one large project and are related geographically; as logical parts in the chain of
contemplated actions; in connection with the issuance of rules, regulations, plans, or other general criteria to govern
the conduct of a continuing program; or as individual activities carried out under the same authorizing statutory or
regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. A
program -level EIR can provide an occasion for a more exhaustive consideration of effects and alternatives than
would be practical in an EIR or on an individual action, ensure consideration of cumulative impacts that night be
slighted in a case -by -case analysis, and to allow the lead agency to consider broad policy alternatives and pxogram-
wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or
cumulative impacts.
A program -level EIR differs from the more common type of EIR which evaluates environmental effects at the
• project level. A project -level EIR examines the environmental impacts of a specific developmentproject. A project -
level EIR focuses primarily on the changes in the environment thatwould result from a development project and
examines all phases of the projectincludingplanning, construction, and operation. Generally, the analysis contained
in a program -level EIR is not as detailed as the analysis in a project -level EIR. 0
Potential Environmental Effects: The City has prepared an Initial Study that describes the potential
environmental effects of the proposed project. An EIR will be prepared to evaluate the projeces potential impacts
on the environment and analyze altematives.As identified in the Initial Study, the environmental issues listed below
will be addressed in the EIR. With the exception of Agricultural Resources, the EIR will include all of the
environmental issue areas contained in the CEQA Guidelines.
■ Aesthetics and Visual Resources
• Biological Resources
• Air Quality
■ Cultural and Historic Resources
• Geology and Soils
• Hazards and Hazardous Materials
• Hydrology and Water Quality
■ Land Use and'Planning
■ Mineral Resources
■ Noise
■ Population and Housing
• Public Services, including
> Fite Protection
> Police Protection
> Schools
> Parks
> Other public facilities
■ Recreation
• Transportation/Traffic
■ Utilities and Service Systems, including •
> Sewer
> Water System and Storm Drainage
> Solid Waste
Document Availability: TheNotice of Preparation, Initial Study, and Project Description are available for review
at the following locations:
City of Newport Beach, Planning Department Newport Beach Public Ubtaty
3300 Newport Boulevard 1000 Avocado Avenue
Newport Beach, CA 92658-8915 Newport Beach, CA 92660
Telephone: 949.644.3225 Telephone: 949.717.3800
Responses and Comments: If you would like to submitwritten comments on the Notice of Preparation, please
send them to the .City of Newport Beach at the address shown -below, Please be specific in your statements
describingyour environmental concerns. Due to the time limits mandated by state law, yourwrittenresponsemust
be sent at the earliest possible date, but not later than February27 2006, which is 30 days from the date of
this notice.
ProjectTitle: Newport Beach General Plan Update
Project Applicant: City ofNewportBesch
Send Responses to: GreggB. Ramirez, Senior Planner
Planning Department, Community and Economic Development
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658-8915
Telephone: 949.644.3219 •
Facsimile: 949.644.3229
•
•
The City Newport Beach
CONTENTS
ProjectDescription...........................................................................................................................1
Environmental Setting and Location.................................................................................................................1
Statementof Objectives......................................................................................................................................2
ProjectCharacteristics......................................................................................................................................... 9
Environmental Factors Potentially Affected
................21
Determination (to be completed by the Lead Agency)..................................................................21
Evaluation of Environmental Impacts...........................................................................................22
I. Aesthetics...............................................................................................................................................22
II. Agriculture Resources..........................................................................................................................23
III. Air Quality .............................................................................................................................................24
IV. Biological Resources.............................................................................................................................25
V.
Cultural Resources................................................................................................................................2i
VI.
Geology and Soils.................................................................................................................................28
VII.
Hazards and Hazardous Materials......................................................................................................30
Vill.
Hydrology and Water Quality ............................................................................................................33
IX.
Land Use and Planning........................................................................................................................36
X.
Mineral Resources.................................................................................................................................37
XI.
Noise.......................................................................................................................................................37
XII.
Population and Housing......................................................................................................................39
XIII.
Public Services.......................................................................................................................................39
XIV.
Recreation..............................................................................................................................................41
XV.
Transportation/Traffic........................................................................................................................41
XVI.
Utilities and Service Systems...............................................................................................................43
XVII.
Mandatory Findings of Significance...................................................................................................45
Figures
Figure1 Regional Location...........................................................................................................................3
Figure2 Planning Area..................................................................................................................................5
Figure3 Subareas...........................................................................................................................................7
Tables
Table 1 Current Elements of the General Plan........................................................................................2
Table2 Existing Land Use........................................................................................................................11
Table 3 City of Newport Beach General Plan Update Existing and Proposed Land Use...............12
Table 4 Transportation Improvements under Proposed General Plan Update................................17
Newport Beach General Plan Update EIR Initial Study
The City Newport Beach
. PROJECT DESCRIPTION
ENVIRONMENTAL SETTING AND LOCATION
Located in the Southern California region, Newport Beach is at the western edge of Orange County,
adjacent to the Pacific Ocean, as shown in Figure 1. Generally, Newport Beach is bordered by Costa
Mesa to the northwest, Huntington Beach to the west, Irvine to the northeast, and unincorporated
portions of Orange County to the southeast.
Regional access to the City is provided by several freeways. The 405 Freeway runs north to south within
Southern California, and intersects both State Routes 73 and 55. State Route 55 extends south from State
Route 91 and terminates in the City of Newport Beach. State Route 73 extends along the northern
boundary of the City, connecting the 55 and 405 Freeways with Interstate 5. Highway 1 (Coast Highway)
runs along the California coast and all the way through Newport Beach.
The entire Planning Area includes the existing City boundaries and its sphere of influence (SOI). The
current City boundaries total 13,062 acres, excluding waterways. Approximately 53 acres of the area
known as Banning Ranch is within the City boundaries, with another 361 acres of this property in the
City's SOI, subject to Orange County jurisdiction. The entire property is surrounded by a one -foot strip
within the City's jurisdiction. The Planning Area is illustrated in Figure 2. The City of Newport Beach
General Plan Technical Background Report (TBR) provides existing data for the entire Planning Area.
The TBR was published June 2004 and is available for review at the Planning Department and Central
Library.
The General Plan Update provides comprehensive land use, housing, circulation and infrastructure,
• public service, resource conservation, and public safety policies for the entire city. While policies
regarding future land use and development are addressed from a citywide perspective,, the majority of
land use changes are limited to nine primary study areas, which include about 10.5 percent of the City's
land area. Accordingly, the EIR will comprehensively address the impacts of all policies throughout the
City and, additionally, focus on those areas in which the most significant land use changes could occur.
These areas are illustrated in Figure 3.
Background
General Plan
The General Plan is a state -required legal document (Government Code Section 65300) that provides
guidance to decision makers regarding the conservation of resources and the future physical form and
character of development for the city. It is the official statement of the jurisdiction regarding the extent
and types of development of land and infrastructure that will achieve the community's physical,
economic, social, and environmental goals. The General Plan expresses the City's goals and articulates
the City s intentions with respect to the rights and expectations of the general public, property owners,
community interest groups, prospective investors, and business interests. Although the General Plan
consists of individual sections, or "elements," that address a specific area of concern, it also embodies a
comprehensive and integrated planning approach for the jurisdiction.
Under state law, each General Plan must contain seven elements:
■ Land Use
■ Circulation
■ Housing
•
Newport Beach General Plan Update EIR Initial Study
The City of Newport Beach
-■ Conservation
■ Open Space
■ Noise
■ Safety
Provisions of Orange County's Measure M require jurisdictions to adopt a Growth Management
Element describing how public services and,facilities will be provided to residents and businesses within
each community. The City s has incorporated Growth Management policies into the Circulation Element
to meet Measure M requirements.
Table 1 includes a list of current elements of the General Plan and when they were last revised.
It is important to note that all land use regulations, capital improvements, and other City actions
pertaining to the physical development of the City must be consistent with the adopted General Plan.
The General Plan policies for the SOI, however, are only advisory to Orange County as to the City's
intentions for development; the County still maintains jurisdictional authority over the SOI areas unless
they are annexed to the City.
Table 1 Current Elements of the General Plan
eurenfBemenls
Date orA U
Land Use
1988 With several amendments since
Housing
200 Wth amendments and re -certification in 2005
Recreation and Open Space
1998
Conservation of Natural Resources
1974
Circulation
1998
Public Safety
1975
Noise
1994
Growth Management
1992
Harbor and Bay
2001
STATEMENT OF OBJECTIVES
The project seeks to achieve the objectives identified by the community during the extensive public
outreach and participation process, as expressed in the Visioning Statement developed by the General
Plan Advisory Committee (GPAC) and approved by the Planning Commission and the City Council.
■ Preserve and enhance NewportBeach's character as a beautiful, unique residential community.
■ Reflect a conservative growth strategy that
> Balances needs for housing, jobs and services
> Limits land use changes to a very small amount,of the City's land area
> Directs land use changes to areas whereresidents have expressed a willingness to consider
change and where sustainable development can occur
> Protects natural resources, open space, and recreational.opportunities
■ Protect and enhance water quality.
■ Protect and enhance recreational opportunities and public access to open space and natural
resources.
■ Modify land uses, densities, and intensities so that traffic generation is controlled.
Newport Beach General Plan Update EIR Initial Study
•
L
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CITY of NEWPORT BEACH
GENERAL PLAN EIR
FIGURE 3
PLANNING SUB -AREAS
Plamulg Sub-Ama
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M7901
Gaoh Wb M1N
The City Newport Beach
■ Improve traffic flow without changing the character of the City.
• ■ Preserve and enhance parks, art, cultural and education facilities and programs that contribute to
residents' quality of life.
■ Ensure the City has adequate municipal revenue to provide first rate municipal services, such as
police, fire, lifeguard, library, recreation, refuse collection and recycling, and infrastructure
maintenance.
■ Attract visitors to Newport Beach's harbor, beaches, hotels, restaurants, and shops with as little
impact as possible on residents and natural resources.
■ Encourage revitalization of older and economically challenged commercial areas so that the areas
continue to be community resources and have a positive impact on the value of nearby property
and the local economy.
■ Maintain Newport Harbor as one of the premier small boat recreational boating harbors in the
world, while causing little or no impact on the environment.
■ Control and contain noise and traffic impacts from operations at John Wayne Airport to protect
the residents' quality of life and property values.
■ Modify the Land Use Element and other elements to reflect changes in the law and planning
practices that have occurred in the 17 years since the last comprehensive amendments were
approved.
■ Provide effective means to ensure compliance with Section 423 of the Charter.
PROJECT CHARACTERISTICS
Elements and Components of the Proposed General Plan
The proposed General Plan is a comprehensive update of the current General Plan. Elements of the
existing General Plan have been re -organized by thematic topic for clarity and to avoid redundancy, as
• encouraged by the State's General Plan Guidelines. The updated City of Newport Beach General Plan is
organized into the following elements:
■ Land Use
■ Housing
■ Circulation
■ Recreation
■ Natural Resources
■ Safety
■ Noise
■ Historic Resources
■ Arts and Cultural Resources
Goals and policies in the existing Harbor and Bay Element will be retained in a separate element or
incorporated in the Land Use, Circulation, Recreation, Safety, and Natural Resources Elements. Growth
Management Element goals and policies are incorporated into the Circulation/Mobility Element. Goals
and polices for the protection of the City's open spaces, currently found in the Recreation and Open
Space Element, are incorporated into the Natural Resources Element.
Updated General Plan Potential Land Use Changes
Existing land uses by major category and potential land use changes resulting from the update of the
General Plan ate described below.
Newport Beach General Plan Update EIR Initial Study
The City of Newport Beach
Existing Land Uses
Information regarding existing land uses and potential development within Newport Beach is, presented
below. More detail regarding the existing uses is presented in the General Plan TBR. The City of
Newport Beach Planning Area contains 26,676 acres or 41.7 square miles. These are net acres and do not
include streets and roadways, which account for approximately 20 percent of the total gross land acreage.
Approximately 42 percent (11,119 acres) of the Planning Area is water, which includes the'Upper and
Lower Newport Bay and its channels, and the Pacific Ocean. The following discussion pertains to the
13,062 acres of developed and undeveloped land in the Planning Area.
Existing land uses in the Planning Area have been classified into seven primary categories:
■ Beridenda�—Residential uses include a mix of housing developed at varying densities and types.
Residential uses in the Planning Area include single-family, multiple -family, condominium, mobile,
and senior housing.
■ Commenia!/Offa—This category includes commercial uses, that offer goods for sale, to the public
(retail) and service and professional businesses housed in offices (accountants, architects, etc).
Retail and commercial businesses include those that serve local needs, such as restaurants,
neighborhood markets and dry cleaners, and those that serve community or regional needs, such as
auto dealers and furniture stores. Visitor -serving retail uses such as regional shopping centers and
hotels are also included in this category.
■ Industrial —The industrial category includes a mix of manufacturing and light industrial uses, some
of which are found in business, research, and development parks. Light industrial activities include
warehousing and some types of assembly work. This category also includes wholesaling and
warehousing.
■ Governmental, Ediwatioual, and Ins itntionalFadtities (GEIF)—Government buildings, libraries, schools
and other public institutions are found in this category. Uses in this category support civic, cultural, .'
and educational needs of residents.
■ Open Spare—This.category encompasses public and private recreational spaces, local and regional
parks, and beaches. Recreational areas, such as golf courses, also contribute to open space uses in
the Planning Area.
■ T/acant—Vacant lands are undeveloped lands (as of June 2003) that are not preserved in perpetuity
as open space or for other public purposes.
■ IY/ater--The bay, harbor, channels and reservoirs are included in this category.
Existing land uses are listed below in Table 2.
Proposed Land Use Changes
Table 3 presents the proposed land uses for Newport Beach. As shown, City-wide changes would occur
in the following land use categories: Residential (single- and multi -family), Commercial, Office, Industrial;
Visitor Serving, Institutional, and Parks/Open Space.
Newport Beach is almost fully developed. Therefore, the General Plan focuses on how limited
population and employment growth can be strategically accommodated to preserve the distinguishing
and valued qualities of the community. For most of the City, the .updated General Plan conserves the
existing pattern of uses and intensity of development, and establishes policies for protection and long-
term maintenance of established neighborhoods.
10 Newport Beach General Plan Update EIR InUlal Study
0
•
The City Newport Beach
Table 2 Existing Land Use
tSMllse
Acies
Peicedf& Told `,
Residential
5,436.0
41.6%
Single -Family Detached
3,932.8
Single -Family Attached
625.3
Two -Family Residential
360.9
Multi -Family Residential
480.0
Mixed Residential
37.0
Commercial
1,154.6
8.8%
Retail
382.0
Administrative, Professional, and Financial
473.0
Marine and Auto Related
73.7
Visitor -serving
225.9
Industrial
114.4
0.9%
Industrial
68.9
Multi -Tenant Industrial
20.5
Industrial Business Park
25.0
Other
6,356.7
—
Govemment, Educational, institutional Facilities
446.6
3.4%
• Quasi -Public
53.5
0.4%
• Right of WalUndesignated
4.8
<1%
Recreation & Environmental Open Space
4,616.4
34.6%
Vacant Land
1,260.2
9.6%
Water
75.2
0.6%
Total
13,061.7
100%
SOURCE: EIP Associates GIS 2003
Generally, new development in accordance with the updated General Plan would result as re -use of
economically underperforming properties and obsolete development, conversion of uses in response to
market demand (e.g., office and industrial to residential) and more intense use of land in limited, defined
areas. Several subareas within Newport Beach detern fined to have special planning considerations were
the subjects of special study during the update process. These areas are described below, Largely, the
existing General Plan provides adequate guidance for development outside of these subareas within the
City and changes have been made only to select locations where circumstances warrant. The land use
changes in each of the special study subareas, and citywide totals are presented in Table 3. It should be
noted that the amount of development that could occur within the subareas does not add up to the
citywide total because the subareas represent only 10.5% of the total land area of the City.
Newport Beach General Plan Update EIR Ini lal Study
11
The City of Newport Beach
Table 3 City of Newport Beach Generai_Plan Update Existing and Proposed Land Use
Office (sn
Existing
12,616,827
453,530
266,270
3,592,080
5,427M3
0
22,920
305,540
97,740
CurrentGP
14,576,930
784,280
466,190
3,635,610
5,786,916
235,600
89,260
375,390
147,020
Proposed
12.687,500
1,025,965
294,725
3,675,670
4.825.101
0
12,000
80,656
185,696
Residential (du)
MFR
20,667
2,472
188
245
0
0
178
8
292
8
EAsting
SFR(A)
18,702
108.
820
0
1,191
257
384
Current
MFR
29,504
Z640
188
245
0
Z510
242
8
293
8
GP
SFR(A)
19,570
98
837
225
1,190
352
584
MFR
34,303
3,492
625
845
4,300
687
512
823
361
244
Proposed-SF-R(A)
20,402
98
837
688
1,196
291
579
Commercial (sf)
EAsting
5,154,398 _
72,170
633,950
1,556,320
665,019
0
203,360
643,020
35,350
48,700
CurrentGP
6,679,942
12,170
776,800
1,861,980
871,500
50,000
217,340
669,110
50,030
66,380
Proposed
7,005,520
50,910
853,208
1,986,980
880,620
75,000
192,503
745,320
67,935
92,848
X/isiterServina (hotel -motel roomsl
Ddsting_
1 3,365
177
925
974
0
34
41
23
CunentGP
5,676
204
1,110
994
0
34
41
53
Proposed
6,549
204
1,175
1,213
75
265
240
53
Industrial (sft
.•
Existing
1,291.079
678,530
508,759
0
58,950
300
Current GP
1,956,092_
_1,191,722
551,930
164,400
0
0
Proposed
885,310
837,270
0
0
0
0
Institutional (sf.beds. students)
usting
576,,370 sf
351 beds
99,410 sf
_ 100,000 sf
86,096 Sf
0
21,710
Current GP
743,913 sf
1,265 beds
105,260 sf
105,000 sf
97,000 sf
0
32,010
Proposed
695,713 sf
1,265 beds
105,260 sf
105,000 sf
96,996 sf
500 students
96,710
12 Newport Beach General Plan Update EIR Initial Study
0 s 0
The City Newport Beach
Table 3 City of Newport Beach General Plan Update Existing and Proposed Land Use
Banrft
Parks/Open Space (acres)
Existing
128.4
0.2
0
Current GP
127.8
0.2
0
_
Proposed
183.8
1
60
Newport Beach General Plan Update-EIR InMal Study 13
The City of Newport Beach
Subareas
The proposed Land Use Element identifies the special study subareas as districts or corridors, depending
on their physical form, functional role, and how they relate to the land or water adjoining them.
Districts
Districts are uniquely identifiable by their common functional role, mix of uses, density/intensity,
physical form and character, and/or environmental setting. Generally, they encompass areas that extend
equally in length and breadth. While Newport Beach contains many subareas, the General Plan policies
in the following areas focus on those that are likely to change over the next 20 years as existing viable
land uses are enhanced, underperforming properties are revitalized, and opportunities are provided to
accommodate -the City's fair share of regional housing needs. Policies are directed to the management -of
these changes to assure that they complement the characteristics that are valued by Newport Beach's
residents.
WEST NEWPORT MESA
The Plan allows for the establishment of a number of distinct and cohesive districts. Adjoining Hoag
Hospital and on the Newport Technology Center site, properties would be designated for medical -related
uses including offices, labs, convalescent and long-term care facilities, and limited retail sales. At its
northern edge abutting the City, of Costa Mesa, properties would be encouraged to retain light
manufacturing and research and development uses. Multi -family housing would be maintained and newly
developed on underutilized residential, commercial, and industrial properties between these nodes.
NEWPORT CENTER/FASHION ISLAND
The Plan allows for expanded retail opportunities at Fashion Island, including an additional anchor
department store and ancillary shops, another hotel or additions to existing hotels, and 600 additional
housing units. Limited new capacity for office development ,(40,000 square feet) would be limited to •
minor expansion of existing buildings and could not be converted to retail use. Plan policies encourage
improved pedestrian connections and streetscape amenities connecting the area's diverse districts
JOHN WAYNE AIRPORT AREA
The Plan allows for the maintenance and/or limited expansion of the currently developed mix of uses,
including office, airport -supporting commercial, hotel, and public -uses. Additionally, it allows the
opportunity for the development of new residential neighborhoods as replacement of existing and
allowed future uses and, in some cases, on underutilized surface parking lots. Policies establish criteria for
the development of cohesive residential neighborhoods oriented around neighborhood parks and local -
serving convenience commercial facilities and interconnected by a network of pedestrian -oriented streets.
BANNING RANCH
The updated General Plan prioritizes the retention of the Banning Ranch property as open space,
consolidating existing oil operations, restoring wetlands and habitat, and development of a community
park with active playfields to serve adjoining neighborhoods. Should the property not be acquired for
open space, the Plan considers the possible development of a mixed -density residential village, with
housing oriented around a neighborhood park, convenience commercial, and small hotel, and
preservation of the majority of the site as open space. Policies stipulate that any development would have
to be located and designed to protect views, the bluffs, natural drainage, and important habitat.
14 Newport Beach General Plan Update EIR Initial Study
The City Newport Beach
BALBOA PENINSULA
• The Plan differentiates Balboa Peninsula into a series of commercial, residential, mixed -use, and water -
oriented districts. The Plan encourages enhancement of Lido Village as a pedestrian -oriented district of
small retail shops, bay supporting uses, small lodging facilities (bed -and -breakfast and inns), and mixed -
use buildings that integrate housing with retail uses. Properties inland of the bay front in Cannery Village
containing a fragmented mix of housing, commercial, and industrial uses could be re -used as a primarily
residential village of two family and townhome residential, with mixed -use and live/work structures at
intersections. Bay fronting properties east of Lafayette Avenue would continue to support water -
dependent and marine -related uses. The Plan supports the retention of McFadden Square as an ocean
and pier -oriented village containing visitor -serving retail, small overnight lodging facilities, and mixed -use
buildings. The Newport Boulevard Corridor would contain retail commercial and mixed -use buildings.
Policies provide for the development of improved streetscapes and a waterfront promenade to link the
districts. Cumulatively, the updated General Plan would allow for reductions in the area's commercial
and industrial capacity, which would be replaced by opportunities for new housing. For Balboa Village,
the General Plan would allow for the consolidation of commercial uses to enhance the area's economic
vitality, which would be replaced by medium density housing (including townhomes and small -lot,
attached single family) and mixed -use structures that would integrate housing with ground -level retail
uses. 'Bay -fronting properties would be prioritized for marine -related and water -dependent uses.
Programs for streetscape enhancements would be continued.
HARBOR AND BAY
The goals and policies in the existing Harbor and Bay Element will be retained, either in a separate
element or incorporated in the Land Use, Circulation, Recreation, Safety, and Natural Resources
Elements of the General Plan Update. The goals and policies pertaining to Harbor and Bay issues are
• intended to guide the content of regulations related to development of, and the activities conducted on,
the water. Additional goals and policies recognize the important component of land use decisions related
to waterfront property around Newport Harbor. The aim of Harbor and Bay related goals and policies is
to preserve the diversity and charm of existing uses without unduly restricting the rights of the
waterfront property owner. Goals and policies related to the Harbor and Bay have been organized to
address both water and land related issues.
•
Corridors
Corridors share common characteristics of districts by their identifiable functional role, land use mix,
density/intensity, physical form and character, and/or environmental setting. They differ in their linear
configuration, generally with shallow depth parcels located along arterial streets. They are significantly
impacted by traffic, often inhibiting access during peak travel periods. While the City is crossed by a
number of commercial corridors, the General Plan's policies focus on those in which change is
anticipated to occur during the next 20 years. Additionally, they provide guidance for the maintenance of
corridors in which it is the objective to maintain existing types and levels of development.
WEST NEWPORT HIGHWAY
Visitor- and neighborhood -serving commercial uses would be allowed in the area concentrated on the
Pacific Coast Highway, near the Orange and Prospect Avenue intersections, with the intervening
highway fronting properties developed for multi -family housing. The Plan encourages properties at the
entry to the City to be enhanced as a "gateway" for amenities supporting Orange County River Park
and/or new multi -family residential.
Newport Beach General Plan Update EIR Initial Study 15
The City of Newport Beach
OLD NEWPORT BOULEVARD
The Plan allows for a mix of medical office and retail uses supporting Hoag Hospital, convenience retail,
and mixed -use buildings that integrate housing with ground level retail or office uses on Old Newport
Boulevard.
MARINERS' MILE
The Plan provides for the differentiation of Mariners' We into distinct commercial, water -related, and
mixed -use districts. Bayfronting properties would be prioritized for water -dependent and marine -related
uses, including restaurants and service uses, with the development of housing on a limited portion of the
properties. The Coast Highway frontages of all inland properties would be restricted to community -
serving and marine -related commercial uses. Interior sites, generally between Riverside Avenue and the
extension of Irvine Avenue, would be developed for neighborhood -serving commercial uses, mixed -use
buildings with housing above retail, and multi -family residential buildings. Streetscape improvements are
proposed to enhance the area's pedestrian character, as well as its identity along Coast Highway. Policies
also support the relocation of the City's parking lot and the Postal Distribution Center.
CORONA DEL MAR
The Plan encourages development along this corridor to include a pedestrian -oriented "village" serving
as the center of community commerce, culture, and social activity and providing identity for Corona del
Mar.
O-ther Land Use Changes
While land use changes would be accommodated in other areas of the City by the updated Plan, these are
generally small and retain the basic land use character as provided by the existing General Plan. For
example, the General Plan would allow for land use changes in the Dover Drive area. These changes
include redesignating the area from Administrative, Professional, and Financial Commercial uses to
"mixed use," allowing a mix of office and multi-familysesidential uses.
Transportation Improvements
Several transportation -related improvements are included in the proposed General Plan. The
improvements listed in Table 4 would be implemented under the proposed General Plan to ensure that
impacts resulting from buildout of the General Plan Update are minimized.
Goals and Policy Changes
The General Plan Update includes new policies in the Land Use Element, the Circulation Element, the
Safety Element, the Natural Resources Element, and the Recreation Element. The new policies are
briefly described below.
Land Use Element
The Land Use Element contains new General Plan policies related to Community Character. These
policies encourage maintenance and enhancement of Newport Beach's residential neighborhoods,
commercial districts, employment centers, corridors, and open spaces, and Help assure that new
development complements and reinforces these characteristics.
New policies related to Urban Form ate also contained in this Element. These policies establish and
reinforce particular area's scale and development pattern. These policies are included in the General Plan
Update to help establish or maintain physical and visual continuity and a sense of complete and
identifiable neighborhoods and established strategies for areas of the City that requite enhancement and
revitalization.
16 Newport Beach General Plan Update EIR Initial Study
•
•
•
The City Newport Beach
Table 4 Transportation improvements under Proposed General Plan Update
rnlersecNa,
.4driAibriPllnterseiNori Gn 'rovemenh Pro
1.
Bluff Rd. (NS) at Coast Hw. (EW)
Provide two SB left-tum lanes and two SB right -turn lanes (2nd with overlap
phase). Provide two EB left-lum lanes. Provide one WB right -turn lane.
2.
15th St. (NS) at Coast Hw. (EW)
Provide 2nd SB light turn lane with overlap phase. Provide 2nd EB lefttum lane.
3.
Newport BI. (NS) at Hospital Rd. (EW)
Provide 2nd NB left turn lane.
4.
Riverside Av. (NS) at Coast Hw. (EW)
Provide 3rd EB through lane.
5.
MacArthur BI: (NS) at Campus Dr. (EW)
Provide 2nd NB left tun lane. Restripe SB to provide 3.5 through lanes and 1.5
right turn lanes.
6.
Von Karmen Av. (NS) at Campus Dr. (EW)
Provide 2nd EB left turn lane.
7.
Jamboree Rd. (NS) at Campus Dr. (EW)
Provide NB 1st right turn lane with overlap phase, Provide 4th SB through lane.
Provide WB right turn overlap phase for current right turn lane.
8.
Campus Dr. (NS) at Bristol St. N (EW)
Provide 5th WB through lane.
g'
Irvine Av. (NS) at Mesa Dr, (EW)—Funded
Improvements University Dr. (EW)
Provide 3rd NB through lane. Provide 3rd SB through lane. Provide 1st EB light
turn lane, Provide 2nd WB left turn lane, Construct funded improvements, but EB
right turn lane not necessary.
Provide 3rd NB through lane. Provide 3rd SB through lane. Restripe EB to
include 1.5 left turn lanes, 1.5 through lanes, and 1 right turn lane.
10.
Dover Dr. (NS) at Coast Hw. (EW)
Provide 4th WB through lane.
11.
MacArthur BI. (NS) at Jamboree Rd. (EW)
Provide 4th EB through lane. Provide 3rd WB left turn lane.
12.
Jamboree Rd. (NS) at Bristol St. S (EW)
Provide 6th NB through lane. Provide 4th SB through lane.
13.
MacArthur BI. (NS) at Ford Rd./Bonita
Canyon Dr. (EM and San Joaquin Hills Rd.
(EM
Provide 3rd SB left turn lane.
Provide 3rd SB left turn lane. Provide 3rd EB left turn lane. Provide 4th NB
through lane.
Circulation Element
The Circulation Element contains new General Plan policies related to water transportation services and
waterfront walkways. These policies encourage enhancement and maintenance of public water
transportation services and expanded public water transportation uses and land support facilities. Policies
related to waterfront walkways include encouraging the development of walkways along the Lido Marina
Village boardwalk, along Rhine Channel, between Lido Village and Mariners' Mile, and along the
Mariners' Mile waterfront.
Recreation Element
The Recreation Element contains new General Plan policies related to coastal recreation and support
facilities. These policies encourage protection and enhancement of a wide range of recreational
opportunities along the coast and beaches as well as the provision of adequate support facilities serving
recreational opportunities within the coastal zone. The Recreation Element also contains policies that
encourage the provision and maintenance of marine recreation related facilities that enhance the
enjoyment of the City's natural resources and the provision and maintenance of public access for
recreational purposes to the City's coastal resources. Many of these policies are in the existing Harbor
and Bay element.
Newport Beach General Plan Update EIR Initial Study 17
The City of Newport. Beach
Safety Element
New General Plan policies related to hazardous materials, disaster planning, and coastal hazards are
contained in the Safety Element. Policies related to hazardous materials minimize exposure of people and
the environment to hazardous materials associated with methane gas extraction, oil operations, leaking
underground storage tanks, and hazardous waste generators. Policies related to disaster planning include
measures for effective emergency response to natural or human -induced disasters that minimizes the loss
of life and damage to property, while also reducing disruptions in the delivery of vital public and private
services during and following a disaster. Policies related to coastal hazards are included to ensure that
adverse effects of coastal hazards related to tsunamis and rogue waves to people and property are
minimized.
Natural Resources Element
New General 'Plan policies related to water quality are contained in the Natural Resources Element.
These policies establish the goal of enhancing and protecting the water quality of allnatural water bodies,
including coastal waters, creeks, bays, harbors, and wetlands. Additionally, the General Plan Update
contains new policies related to management of the Upper Newport Bay. These policies help achieve the
goal of protection and management of Upper Newport Bay commensurate with the standards applicable
to our nation's most valuable natural resources. Many of these policies are in the existing Harbor and Bay
Element. Other new policies in this element include measures related to air quality, archaeology and
paleontology, and energy conservation. Air Quality policies serve to reduce mobile source emissions,
reduce air pollution emissions from stationary sources, and reduce air pollution emissions from aircraft
Historical Resources Element
This new Element addresses the protection and sustainability of Newport Beach's historic and
paleontological resources. Goals and policies presented within this Element are intended to recognize, 10
maintain, andprotect the community's unique historical, cultural, and archaeological sites,and structures.
Arts and'Cultural Resources Element
The goals and policies of the Arts and Culture Element are intended to be a guide for meeting the future
cultural needs of the community. This Element is intended to serve as a mechanism for integrating these
resources in order to provide improved and expanded arts and cultural facilities and programs to the
community.
Alternatives
In accordance with Section 15126.6 of the CEQA Guidelines, alternatives to the propose& General Plan
are analyzed. Four alternatives that would feasibly attain the most basic project objectives while avoiding
or substantially lessening some of the significant effects -of the project were analyzed. An environmentally
superior alternative is also identified. These alternatives include the following.
p No Project/No Development —With this alternatives development under the proposed'General
Plan would not occur. The PlanningArea would remain developed with existmg,land uses.
■ No Project/No Action Alternative —With this alternative, development under the proposed
General Plan would not occur. Development would be guided by continued implementation of the
existing General Plan.
■ Alternative A. GPAC Recommendations —With this alternative, development under the
General Plan would consist of the land use recommendations formulated by GPAC. The
•
18 Newport Beach General Plan Update EIR Inflial Study
The City Newport Beach
• Alternatives Chapter of the EIR will provide a detailed breakdown of the proposed land uses
under this Alternative.
■ Alternative B: Subarea Only Minimum With this alternative, development under the General
Plan would consist of a mixture of land -use intensities for the various subareas. The Alternatives
Chapter of the EIR will provide a detailed breakdown of the proposed land uses under this
Alternative.
Newport Beach General Plan Update I
•
The City Newport Beach
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impace, as indicated by the checklist on the following pages.
® Aesthetics
® Biological Resources
® Hazards & Hazardous Materials
❑ Mineral Resources
❑ Public Services
N Utilities / Service Systems
❑ Agriculture Resources
® Cultural Resources
® Hydrology / Water Quality
® Noise
® Recreation
®
Air Quality
❑
Geology/Soils
®
Land Use / Planning
❑
Population / Housing
®
Transpottation/Traffic
N Mandatory Findings of Significance
DETERMINATION (TO BE COMPLETED BY THE LEAD
AGENCY)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
❑
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
❑
there will not be a significant effect in this case because revisions in the project have been made
by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be
prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
❑
ENVIRONMENTAL IMPACT REPORTfs required.
I find that the proposed project MAY have a 'potentially significant impact' or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
❑
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mtigation
measures that are imposed upon the proposed project, nothing further is required.
P,4A �a �
Sfgnaiv;e
Slgnalue
Newport Beach General Plan Update EIR Initial Study
►a���
Data
/,P& -06
Dale
21
The City of Newport Beach
Less Than
Significant
PoriftcaIlynt VAtMtl Lassfian
SlgriOrnnt A4tigolion Significant No
Impact incorporated Impact Impact
EVALUATION OF ENVIRONMENTAL IMPACTS
Would the project:
'(a) -Have a substantial adverse effect orno,,scenicvistaB
Discussion
Although there are no officially designated scenic vistas in the City, many natural features such as the
ocean and bay provide open coastal views. The City has identified particular roadway segments that
provide coastal views as significant vistas. In addition, parks.and viewing areas throughout the Cityalso
provide significant views. We future development within the City would generally consist of infill and
intensification of uses within a primarily built -out area, development associated with the General Plan
could affect views to the identified vistas. Specifically, if new developments blocked or obscured views
from any of the significant public viewpoints, then impacts would be potentially significant. This issue is
potentially significant and will be further analyzed in the EIR.
(b) Substantially damage scenic resources, including, but not [] Q ® El,
limited to, trees, rock outcroppings, ohd historic buildings
withima,state scentoNghway?
Discussion _ •
There are currently no officially designated scenic highways within the City of Newport Beach. However,
SR-1 is identified by the City as eligible for State Scenic Highway designation. Although it is anticipated
that this impact would be less than significant, this issue will be further analyzed in the EIR.
(c) Substanially degrade the existing visual character or ® fEl El El
quality of the site and its surroundings?
Discussion
The ,proposed General Plan Update would concentrate infill development and redevelopment in several
specified subareas: Newport Centex/Fashion Island, Balboa Village, Balboa Peninsula, West Newport
Mesa, West Newport Highway, Mariner's Mile, and the John Wayne Airport Area. In addition, while the
Generall'lan Update prioritizes the retention of the Banning Ranch property as open space, the Plan also
considers the possible development of a mixed- density residential village with a small component of
resident- and visitor -serving commercial should the .property not be acquired for open space. It is
generally anticipated that development under the General Plan Update would compliment the areas
surrounding new development, ultimately providing a more cohesive development pattern throughout
the City. In addition, the General Plan Update would include policies to protect the character of the
City's communities. However, because some areas of the City, including Banning Ranch, could
experience a significant change in the overall visual character, this impact is considered potentially
significant. The EIR will evaluate the development scenarios under the General Plan Update to
determine impacts to the existing visual character of the City.
•
22 Newport Beach General Plan Update EIR InH1ai Study
The City of Newport Beach
Les Than
Significant
PoleMa
with
Les Than
Significant
Mltigalion
Signilicanl No
Impact
Incorporated
Impact Impact
(d) Create anew source of substantial light or glare which
❑;
❑ El
would, adversely affect..dgy.or nighttime views,in the
-area?
Discussion
The City of Newport Beach is primarily built -out, and a significant amount of ambient light from urban
uses already exists. However, new development permitted under the proposed General Plan Update
could create new sources of light and glare from any of the following: exterior building lighting, lighted
recreation facilities (such as outdoor ball fields), parking lots/structures, glare from reflective building
surfaces, or the headlights of vehicular traffic. As a result, these new sources of light or glare could affect
the day or nighttime views of adjacent sensitive land uses. This impact is considered potentially
significant. With the incorporation of appropriate mitigation measures, this impact could be reduced to a
less -than -significant level.
In determining whether impacts to agricultural resources are significant environmental effects, lead
agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on
agriculture and farmland. Would the project:
(a) •Convert Prime,Farml(ind,:Unique Farmland, or,�armland of ❑,' ❑• El - 0
Statewide•Imporfane.e jFarmland), as,shown on the maps
prepared pursuant to the Farmland -Mapping and,
Monit'oiing•Program of the Californ)a,Resources Agency,,
to • nonagricultural•use?
(b) Conflict•with-existing ioningrfonagriculturaVuse,or'd ❑ ❑' ❑ Z;
Williamson Act contract?
(c) Involve other changes in the exisiing.environment; which, ❑' R '
due to heir location,or naturei could "result in conversion
of Farmlbnd, t'o:nonagricultural use?'
Discussion
a—c: The City of Newport Beach does not contain any significant agricultural resources as the City is
almost entirely built out. No impact would occur on agricultural resources and this issue area will not be
analyzed in the EIR.
Newport Beach General Plan Update EIR Initial Study 23
The City of Newport Beach
Lem Than
SlgniOcant
Potentially vAlh
significant MIIlgollorl
Impact Incorporated
LaaThon
significant No
Impact Impact
Where available, the significance criteria established by the applicable air quality management or air
pollution control district may be relied upon to make the following determinations. Would the project:
(a) Conflict with or obstruct,implementation of'the applicable ®, ❑ ❑ ❑
air qudliiy plan?
Discussion
The Planning Area is located within the South Coast Air Basin (SCAB), Which is identified as a non -
attainment area for various criteria pollutants. As a result, any new emissions into the SCAB are
considered significant and adverse impacts.'The Air Quality Management Plan (AQMP) for SCAB was
prepared to accommodate growth, to reduce the high levels of pollutants within the areas of the South
Coast Air Quality Management District's (SCAQIvM), and to return clean air to the region.
Implementation of the proposed General Plan Update would result in increased population,
development, and vehicular traffic in the Planning Area. These increases could lead to increases in
construction and operation activities which could ultimately. conflictwith or obstructimplementation of
the AQMP. Projects that are considered inconsistent rorith the AQMP would interfere with attainment
because the growth induced by such projects is not.included in the projections used to formulate the
AQMP. Therefore, the EHL will evaluate whether the proposed General PlanUpdate is consistent with
the AQMP. This issue is potentially significant and will be further analyzed in the EIR.
(b) Violate any air quality standard or contribute substantially ® ❑ ❑ ❑ ;
to an e>tsting or projected air quality violation? t
Discussion
Implementation of the proposed General Plan Update would result in increased population,
development, and vehicular traffic in the Planning Area. These increases could lead to increases in
construction and operation activities which could result in exceeding the SCAQMD's thresholds of
potential significance. Therefore, it is necessary that the EIR evaluate the proposed General Plan
Update's potential to violate any air quality standards or contribute substantially to an existing or
projected air quality violation. This impact is considered potentially significant and will be further
analyzed in the EIR.
(c) Result -in a cumulatively conslderabie,net increase of any ❑ ❑ ❑l
criteria pollutant for which the projedt region is
nonattainment under an applicable federal or state
ambient air quality standard (including releasing ;emissions y
thatexceed quantitative thresholds for ozone precursors)? R
Discussion
Activities associated with implementation. of the General Plan Update -may result in potentially significant
air quality impacts that are cumulatively considerable. The possible General Plan Update components
could result in air quality impacts, as well as contribute to cumulative impacts from the implementation
of all possible projects. Additionally, the General Plan update could potentially contribute to air quality
impacts when combined with other past, present, or reasonably foreseeable future projects within the
Planning Area. Potentially significant impacts could occur, and therefore, the EIR will analyze and
24 NewportIleach General Plan Update EIR Initial Study
0
•
•
The City of Newport Beach
Len Than
Significant
Potentially with
Len Than
Slgnificant Mitigation
Significant No
Impact Incorporated
•
Impact Impact
evaluate air quality impacts related to potential increases of criteria pollutants for which the General Plan
Update region is in non -attainment under federal or state ambient air quality standards.
('cJ), Expose sensitive rec6pfors to substantial pollutant �, ❑
❑'
concentrations?
Discussion
Sensitive receptors are populations that are more susceptible to the effects of air pollution than are the
population at large. The General Plan Update could have potentially significant impacts on sensitive
receptors, as identified by the SCAQIvM, in the Planning Area including single-family and multi -family
residences located within the City. Carbon monoxide (CO) "hot spots," or areas of high CO
concentration, can occur at traffic congested roadway intersections as a result of accumulating vehicle
CO emissions. A significant air quality impact would occur where sensitive receptors are exposed to CO
levels that exceed state or federal standards. Potentially significant impacts could occur, and therefore,
the EIR will further analyze and evaluate air quality impacts, including potentially significant impacts to
sensitive receptors adjacent to, and in the immediate vicinity of, the City.
je) Create objectionable,odors.affecting a substantial ® ❑ 0 El:
number of people?'
Discussion
Implementation of the General Plan Update could create objectionable odors caused by construction
and/or operational sources. This impact is considered potentially significant and will be further analyzed
• in the EIR.
Would the project:
(a) Nave a substantlal adverse effect, either directly, or ❑ ❑ ❑'
,through habitat -modifications, omanyspecies identified as
a candidate, sensitive, or special status.speeies:in local -or ,
regional plans, policies, or regulations, or by the'California
Departmentof Fish and Game or US: Fish and,Wildlife
Discussion
Eleven special -status wildlife species occur or have the potential to occur within the City of Newport
Beach: San Diego fairy shrimp, Tidewater goby, California black rail, light-footed clapper rail, western
snowy plover, California least tern, southwestern willow flycatcher, coastal California gnatcatcher, least
Bell's vireo, Belding's savannah sparrow, and pacific pocket mouse. In addition, other sensitive species
include 27 sensitive wildlife species and 24 sensitive plant species that occur or potentially occur within
the Newport Beach area. Implementation of the General Plan Update could potentially have a substantial
adverse effect on special -status species within the Planning Area. This impact is considered potentially
significant. The EIR will include an analysis of potential impacts to special -status species.
Newport Beach General Plan Update EIR Initial Study 25
The City of Newport Beach
Less Than
S 9011cant
Potentially
l.eSSThan
SIgnl0eonl
M
ANIl
I(Aaliop SlgniOeant No
Impact
Incorpotaled Impact Impact
(b) Have a substantiotodverse effecton any riparian habitat ® E] El ❑
or other sensitive natural community Identified in local or
regional plans, policies, or regulations or by, the California,
Department of Fish and'Game or'US Fish and Wildlife
Service?
Discussion
Many plant habitats can be found in Newport Beach that includes scrub, chaparral, grassland, and
riparian habitats. Implementation of the General Plan Update could affect riparian habitat or other
sensitive natural communities identified in local or regional plans, policies, regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service. This impact is considered
potentially significant. The EIR will address the potential effects to riparian habitat or other sensitive
natural communities as a result of build -out under the General Plan Update.
(c) Have a substantial adverse effect on federally protected ®
wetlands as defined by Section 404 of the Clean Water
Act (Including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
Discussion
The marine resources of the City and surrounding ocean waters are very diverse. They include plants and
animals of marshes and wetlands living in Upper Newport Bay, the developed channels, beaches, and
areas of Lower Newport Bay (Newport Harbor), and the intertidal and subddal landforms (sandy •
beaches, rocky intertidal, sandy subtidal, and subddal reefs) along the coast of Newport Beach between
the Santa Ana River and the boundary between the City and unincorporated Orange County. Many of
these areas are considered wetland habitat by the State of California and federal wetland definitions are
protected by a no -net loss wetlands policy. Implementation of the General Plan Update could have a
significant impact on these resources. This impact will be further analyzed in the EIR.
(d) Interfere substontially wilh.the movement of any native ® [�
resident or migratory fish or wildlife species or with
established,native resident or migratory wildlife corridors,
or Impede the -use of native wildlife nursery sites?
Discussion
Undeveloped areas supporting natural habitats that may be capable of supporting sensitive biological
resources within the City are refereed to as Environmental Study Areas (ESAs) by the Local Coastal Plan.
An ESA may support species and habitats that are sensitive and rare within the region or may function as
a migration corridor for wildlife. There are 28 identified ESAs within the City of Newport Beach.
Implementation of the General Plan Update could potendally interfere with the movement of native
resident or migratory fish or wildlife species within these corridors. This impact is considered,potendally
significant and will be further analyzed in the EIR.
26 Newport Beach General Plan Update EIR initial Study
The City of Newport Beach
Lew Than
significant
Potentially
wih Less Than
significant
Miligation Significant No
Impact
•
Incorporated Impact Impact
'(e) Conflict with any local.policies.or ordinances -.protecting 'Q
'El X Q`
biological resources, such as,a tree.preservation policy or
'ordinance?,,
Discussion
The EIR will identify any local policies and ordinances that relate to
the protection of biological
resources• and evaluate the applicability and any impact to these policies or ordinances. It is not
anticipated that the General Plan Update would conflict with any local policies or ordinances protecting
biological resources. Impacts are considered less than significant.
(f). Conflictwith th'e provisions of<an adopted;Habitat,
Conse vatjon•Plani Naturalt6m[nuni' Cbnseroation,Pldm
or other approved local, regional„ of state habitat
conservafion•pldn?
•
0
Discussion
The Orange County Central -Coastal NCCP Subregional Plan is the applicable habitat conservation plan
for the Planning Area. In July of 1996, the City became a signatory agency in this plan. As a signatory
agency, the City is responsible for enforcing mitigation measures and other policies identified in the
NCCP/Habitat Conservation Plan Implementation Agreement for properties located within the City
Limit that are part of the NCCP Subregional Plan. Impacts resulting from implementation of the General
Plan Update would be less than significant.
Would the project:
(a) Cause asubstaiitial'adverse change:in,the•sjgnificance of. Z'
a historical resource as.deffned'iff P5064.5&
Discussion
There are a number of federal, state, and locally recognized historical resources in the Planning Area.
Redevelopment under the General Plan Update could result in the demolition of historic or potentially
historic structures to enable a different or more intensive use of a site. Additionally, infrastructure or
other public works improvements could result in damage to or demolition of other historic features. It is
not anticipated that significant land use changes would occur in areas of the Planning Area that contain
historical resources. This impact is considered potentially significant and will be further analyzed in the
EIR.
(b) Cause -a substantial adverse change in the,significance of Q 'N' Q Q
an archdeologicalresource.pursuantto 15064:58
Discussion
The Planning Area has a long cultural history and is known to have been home to Native American
groups prior to settlement by Euro-Americans. Archaeological materials associated with occupation of
the Planning Area are known to exist and have the potential to provide important scientific information
regarding history and prehistory. Ground -disturbing activities associated with the General Plan Update,
particularly in areas that have not previously been developed with urban uses have the potential to
Newport Beach General Plan Update EIR Initial Study 27
The City of Newport Beach
Lea7han
significant
Polenflalty
vAlh
Significant
ANllgallon
Impact
Incorporaled
Lea Than
significont No
Impact Impact
damage or destroy historic or prehistoric archaeological resources that may be present on or below the
ground surface. This impact is considered potentially significant. The EIR will recommend mitigation
measures to reduce this impact to a less -than -significant level.
(c) Directly or indirectly destroy a unique paleontological ❑ ® ❑ ❑
resource or site or unique geologic feature?
Discussion
Paleontological resources may be present in fossil -bearing soils and rock formations below the ground
surface. A number of locations in the City have a variety of known significant paleontological resources,
including portions of the Vaqueros formation that underlie the Newport Coast, the Newport Banning
Ranch portion of the SOI, the Topanga and Monterey Formations, and Fossil Canyon in the North
Bluffs area of the Planning Area. Ground -disturbing activities in these fossil -bearing soils and rock
formations have the potential to damage or destroy paleontological resources that may be present below
the ground surface. This impact is considered potentially significant. The EIR will recommend mitigation
measures to reduce this impact to a less -than -significant level.
(d) Disturb any human remains, Including those interred ❑ ® ❑ ❑ {
outside of formal cemeteries?
Discussion
Archeological materials, including human burials, have been found in the City. Human burials outside of
formal cemeteries often occur in prehistoric archaeological contexts. Particularly in the areas of the City
that are still mostly undeveloped for urban uses, such as the Banning Ranch area, the potential still exists
for these resources to be present. Development under the General Plan Update could potentially affect
these resources, This impact is considered potentially significant. The EIR will recommend mitigation
measures to reduce this impact to a less -than -significant level,
Would the project:
(a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
Qt) Rupture of a,known earthquake fault, as delineated,
on the most recehf-Alquist-Pdolo Earthquake Fault ' ❑ ® ❑ ❑
Zoning Map issued by the State Geologist for the area
or bated -on other substantial evidence of a known
fault? Refer to Division of Mines and Geology'Special
Publication 42.
(li) Strong seismic ground shaking? ❑ - ❑ ❑ I
Discussion
i) The City of Newport Beach is located in the northern part of the Peninsular Ranges Province, an
area that is exposed to risk from multiple earthquake fault zones. The highest risks originate from the
Newport -Inglewood fault zone, the Whittier fault zone, theSanJoaquin Hills fault zone, and the Elysian
28 Newport Beach General Plan Update EIR Initial Study
0
U
The City of Newport Beach
Len Than
Significant
Potentially with Len Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
Park fault zone, each with the potential to cause moderate to large earthquakes that would cause ground
shaking in Newport Beach and nearby communities. The area faults could significantly impact the City
but these impacts generally can be addressed through adherence to applicable regulations (i.e., Uniform
Building Code) and design, grading, and structural recommendations. The EIR will include an analysis of
impacts associated with seismic hazards associated with implementation of the General Plan Update and
will recommend mitigation measures to reduce or eliminate these impacts.
(iii)' Seismic-related:ground failure,:including,liquefaction? ® Q❑ ,Q.''
Discussion
Areas of Newport susceptible to liquefaction and related ground failure (i.e., seismically induced
settlement) include areas along the coastline that includes Balboa Peninsula, in and around the Newport
Bay and Upper Newport Bay, in the lower reaches of major streams in Newport Beach, and in the
floodplain of the Santa Ana River. It is likely that residential or commercial development will never occur
in many of the other liquefiable areas, such as Upper Newport Bay, the Newport Coast beaches, and the
bottoms of stream channels. However, implementation of the General Plan Update could affect other
areas susceptible to liquefaction. This impact is considered potentially significant. The EIR will
recommend mitigation measures to reduce this impact to a less -than -significant level.
(iv) Landslides? Q Q Q
Discussion
Much of the area in eastern Newport Beach has been identified as vulnerable to seismically induced slope
failure. Approximately 90 percent of the land from Los Trancos Canyon to the Crystal Cove State Park
boundary is mapped as susceptible to landsliding by the California Geologic Survey. Additionally, the
sedimentary bedrock that crops out in the San Joaquin Hills is locally highly weathered. In steep areas,
strong ground shaking can cause slides or rockfalls in this material. Rupture along the Newport -
Inglewood Fault Zone and other faults in Southern California could reactivate existing landslides and
cause new slope failures throughout the San Joaquin Hills. Slope failures can also be expected to occur
along stream banks and coastal bluffs, such as Big Canyon, around San Joaquin Reservoir, Newport and
Upper Newport Bays, and Corona del Mar. Thus, impacts resulting from development under the General
Plan Update are considered potentially significant. The EIR will recommend mitigation measures to
reduce this impact to a less -than -significant level.
n suantial sail erosion -or - •
(b) Result in n-ot --The loss,of topsoil?: �' Q'
Discussion
Erosion is a significant concern in Newport Beach, especially along the shoreline, where beach sediments
and coastal bluffs are highly susceptible to erosion by wave action. Other parts of the City, including
bluffs along Upper Newport Bay, canyon walls along tributary streams leading to the 'Bay, and slopes
(both natural and man-made) within the San Joaquin Hills are also susceptible to erosion. This impact is
considered potentially significant and will be further analyzed in the EIR.
Newport Beach General Plan Update EIR Initial Study 29
The City of Newport Beach
toss Than
Significant
'rotenitant M11 otiontens Than
impact Incorpora impact
nt im
Impact Incorporatod Impact Impact
(c) Be located on a geologic unit or soil that is unstable, or ❑ ❑ ❑
that would•become unstable as,a result of the project,,
and potenilallyresult in on- or off-sitelandslfde, lateral'
spreading, subsidence: liquefaction, or collapses'
Discussion
Compressible soils underlie a significant part of the City, typically in the lowland areas and in canyon
bottoms. These are generally young sediments of low density with variable amounts of organic materials.
Under the added weight of fill embankments or buildings, these sediments will settle, causing distress to
improvements. Low -density soils, if sandy in composition and saturated with water, will also be
susceptible of the effects of liquefaction during a moderate to strong earthquake. This impact is
considered potentially significant and will be further analyzed in the EIR. The EIR will recommend
mitigation measuresto reduce this impact to a less -than -significant level.
(d) Belocatecion expansive soil,•as defined in Table 18-1-B.of ❑ ® ❑ ❑
the Uniform Building, Code (1994), creating substantial risks,
_ iolifeorproperty?
Discussion
Some of the geologic units in the Newport Beach area, including both surficial soils and bedrock, have
fine-grained components that are moderate to highly expansive. These materials may be present at the
surface or exposed by grading activities. Man-made fills can also be expansive, depending on the soils
used to construct them. This impact is considered potentially significant and will be further analyzed in
the EIR. The EIR will also recommend mitigation measures to reduce this impact to a less -than- •
significant level.
(e) Have soils•incapable of adequately supporting the use -of ❑ ❑ ❑
septic tanks -or alternative waste water disposal systems
where sewers are not available for the,disposal of Waste
waterB
Discussion
The City of Newport Beach is almost entirely built out with established utility services and new
development would not require the use of septic tanks. For this reason, this impact is not further
analyzed in the EIR'.
Would the project!
(a) Create a significant hazard,to the public or the ❑; ❑ ® ❑
environment through the routine transport, use, or disposal,
_ of hdzardous maferials2
Discussion
Implementation of the General Plan Update would concentrate infill development and redevelopment in
several specified subareas! Newport Center/Fashion Island, Balboa Village, Balboa Peninsula, West
Newport Mesa, West Newport Highway, Mariner's Mile, and' the John Wayne Airport area. In addition, •
30 Newport Beach General Plan Update EIR Initial Study
The City of Newport Beach
Lett Than
Significant
Potential!/ with Less Than
• Significant Mfigation Significant No
Impact Incorporated Impact Impact
while the General Plan Update prioritizes the retention of the Banning Ranch property as open space,
the Plan also considers the possible development of a mixed -density residential village with a small
component of resident- and visitor -serving commercial should the property not be acquired for open
space. Implementation of these land use changes would not generally involve the transportation, use, or
disposal of hazardous materials. Further, industrial uses within the City would decrease upon
implementation of the General Plan Update and any development that would handle or use hazardous
materials would be required to comply with the regulations, standards, guidelines established by the EPA,
State of California, Orange County, and the City of Newport Beach. For these reasons, this impact is
considered less than significant and will not be further analyzed in the EIR.
(b); Create a significpnt;haiardlto the public or the, El 0' + 01
environment tlirough2"reasohably,fores-e66ble.upset and
accident conditions, involvind!the release+of hazardous
mdterials,irito.the environmeht?'
Discussion
Demolition of existing structures in the City could result in exposure of construction personnel and the
public to hazardous substances such as asbestos or lead -based paints. In addition, the disturbance of soils
and the demolition of existing structures or the potential relocation of oil wells located on Banning
Ranch could result in the exposure of construction workers or employees to health or safety risks if
contaminated structures and/or soils are encountered during construction or maintenance activities. This
impact is considered potentially significant and will be further analyzed in the EIR.
• (c): Emit hazardous emissions or handle hazardous or acutely
hazdrdous.materials, substances, pr Waste Within one -
quarter mile of an existing or proposed school?
Discussion
Under the General Plan Update, the increase of residential and mixed -use land uses could increase the
quantity of sensitive receptors (including schools) in areas adjacent to industrial and commercial land
uses, thereby potentially increasing the risk of exposure to hazardous materials. Thus, hazardous
materials sites may be located within one -quarter mile from school sites. This impact is considered
potentially significant and will be further analyzed in the EIR. The EIR will recommend mitigation
measures that would reduce this impact to a less -than -significant level.
hazardous aferidlssttes•com` p led purtUa
(d) Be located omn a site which is ihciuded on a•list of ❑ 0'
' ntto ;
Govemmeht� Code Section 65962.,5•and, as a result, would•
it'creote a significant hazard'to the pUblic or the," g
environment?
Discussion
The City contains sites that have been identified as being contaminated from the release of hazardous
substances in the soil, including oil fields, landfills, sites containing leaking underground storage tanks,
and large and small -quantity generators of hazardous waste. Implementation of the proposed General
Plan Update could lead to development of these sites that could create a significant hazard to the public
or environment. This impact is considered potentially significant will be further analyzed'in the EIR. The
EIR will recommend mitigation measures that would reduce this impact to a less -than -significant level.
Newport Beach General Plan Update EIR Initial Study 31
The City of Newport Beach
Less Than
significant
Potentially with Less Than
significant MIIgallon SIBNikonl No
Impact Inwrporaled Impact Impact
(e) Fora project,located within anairport land use plan or, ® ❑ ❑ ❑
where such•ctplan has not been adopted, within two
miles of a public airport or public use airport, would the
projectresult in -a safety hazard for peoplelresiding or
working.in the projecfiarda?
Discussion
Newport Beach borders the southeastern portion of John Wayne Airport. In addition, the City lies
beneath the arrival, traffic pattern of Long Beach Airport. Between the two airports, JWA generates
nearly all aviation traffic directly above the City of Newport Beach because the descent pattern for Long
Beach air traffic generally takes place over the ocean rather than over the City. An emergency incident,
although rare, could impact the City's response capabilities. Additionally, the potential growth and
development that could occur through implementation of the General Plan Update, in particular
residential development in the Airport Area, could place people at risk from an aviation bazar& This
impact is considered potentially significant and will be further analyzed in the EIR.
(f) For a project withimthe vicinity of a private airstrip, would _ a El a
the project result in a safety hazard for people residing or
working in the project area?
Discussion
There are no existing private airstrips within the City. As a result, no safety hazard associated with
location near a private airstrip would occur for the proposed General Plan Update.
(g) Impair implementation of or physically interfere with an ® ❑ ❑ ❑,
h adopted emergency, response plan or emergency
evacuation plan?
Discussion
With additional growth in the City's population that could result from implementation of the proposed
General Plan tpdate, ,traffic conditions could become more congested. In the event of an accident or
natural disaster, the increase in traffic in the City may impede the rate of evacuation for the residents.
Concurrently, the response times for emergency medical or containment services could also be adversely
affected by the increased traffic conditions in the City. This issue area will be further analyzed in the EIR.
w (h) Expose people or structures to a significant risk of loss, ❑ ❑ ® ❑
injury, or death involving wildland fires, Including where
t wildlands are adjacent to urbahized areas or where
i residences are intermixed with w_ ildlands?•
.a-_-vsr�awv �. ... - .u.� r.. «a... w. • r. -ice- .. Y w-.x.w......v..n.. ... ...«. .�. w
Discussion
The eastern portion of the City and portions of the Newport Beach region and surrounding areas to.the
north, east, and southeast include grass- and brush -covered hillsides with significant topographic relief
that facilitate the rapid spread of fire, especially if fanned by coastal -breezes or Santa Ana winds. In those
areas identified as susceptible to wildland fire, land development is governed by special State codes. In
addition, the Fire Department enforces locally developed regulations which reduce the amount and
continuity of fuel (vegetation) available, firewood storage, debris clearing, proximity of vegetation to
structures and other measures aimed at Hazard Reduction. In addition, new development that would
occur in areas susceptible to wildland fires as a result of the General -Plan Update would be -subject to the
32 Newport Beach General Plan Update EIR Initial Study
i
•
•
9
The City of Newport Beach
Less Than
Significant
Potentially with Les Than
Significant Mfigafion Significant No
Impact Incorporated Impact Impact
Uniform Building Code, which is designed to increase the fire resistance of a building. This impact is
considered less than significant.
Would the project:
(a) Violate any water quality standards' or, waste discharge ❑ ❑ ❑
requirements?
Discussion
Implementation of the General Plan Update would involve infill development and redevelopment in
several areas throughout the City that would potentially result in site characteristics that could cause
runoff to adversely affect water quality. For projects that would potentially affect water quality, the City is
required to prepare a water quality management plan pursuant to the Nadonal Pollutant Discharge
Elimination System (NPDES) requirements, which addresses impacts on water quality. The ability of
development under the General. Plan Update to meet applicable waste discharge and water quality
requirements will be addressed in the EIR. This impact is considered potentially significant will be
further analyzed in the EIR. The EIR will also recommend mitigation measures to reduce this impact to
a less -than -significant level.
(b) Substantiallydepletegroundwater supplies. orinterfere ❑' ❑ ❑
substdnfiallywith groundwater recharge such that there
Would.be'.a netrdeficit-tn.aquifervolume"or a•loweling of
4
the local g?oundwater'table:level-(e.g,, the:ptoduction
rate of� pre-existing nearby wells Would drop to a level that
would not support existing land'Uses•orplanned uses 'to.r
whicKpermits have been,granted)?
Discussion
Construction activities associated with the implementation of the General Plan Update could take place
near or in natural groundwater recharge areas and sub -surface aquifers. This is particularly the case in the
Banning Ranch subarea. Where construction activities take place on recharge areas, such as vacant fields,
natural drainages, and other open spaces covered with permeable surfaces, percolation of water into the
aquifer may be hindered by the presence of construction -related vehicles, stockpiles, tarps, etc. These
activities could constitute a temporary impact on groundwater recharge at construction sites. Operation
of development associated with the General Plan Update would not involve direct additions or
withdrawals of groundwater. It is not anticipated that the City's groundwater supply would be altered due
to the implementation of the General Plan Update. Nonetheless, short term impacts are considered
potentially significant and will be further analyzed in the EIR.
Newport Beach General Plan Update EIR Initial Study 33
The City of Newport Beach
Lou Than
SIgNOcanl
Potentially Il Lem Than
Significant MMiliaallon SiaNiicanl No
Impact Incorporated Impact Impact
(c) "Substantially aiter'the existing.drainage paitem.of the site, ® ❑, ❑ ❑
or area, including through the alteration of the course of a
stream or river, Ina manner that would result in substantial
erosion or siltation on or off•site?
Discussion
Development under the proposed General Plan would result in alterations to drainage, such as changes
in ground surface permeability via paving, changes in topography via grading and excavation, and
changes in the flow of waterways via filling. The potential for these impacts to occur exists primarily in
the Banning Ranch subarea. This impact is considered potentially significant and will be further analyzed
in the EIR.
(d) Substanilally-alter the existing drainagelpattem of the site z ❑ ❑ ,
or arectjncluding through the alteration•of the -course of a.
stream or,river,.or, substantially increase the rate or amount
of surface runoff in a manner that would result in flooding
on or off site?
Discussion
Development under the proposed' General Plan could result in alterations to natural drainages and could
potentially alter, storm drain infrastructure. Construction of buildings, roadways, and parking lots would
increase impervious surfaces, which would subsequently increase stormwater runoff in the City. This
increased runoff could exceed the capacity of existing and planned infrastructure and cause downstream
flooding impacts. This impact is considered potentially significant and will be further analyzed in the
EM
(e) 'Create or contribute runoff water that would -exceed the ® ❑ ❑ ❑y
capacity of existing or planned stormWater dralnage
systems or provide substantial,additional,soprces•of i
polluted runoff?
Discussion
Development associated with the General Plan Update could result in alterations to natural drainages and
could potentially exceed the capacity, of storm drain infrastructure. Operation of the proposed General
Plan could degrade runoff water quality by contributing chemicals associated with household,
commercial, transportation, and landscape uses. This impact is considered potentially significant and will
be further analyzed in the EIR.
(f) Otherwise substantially degrade water qugl fy6 ❑ [� �i
Discussion
In coastal groundwater basins, such as the Orange County Groundwater Basin, groundwater quality can
be degraded through the intrusion of seawater primarily by pumping the aquifer for domestic and
irrigation water supply. It is possible that below-gtad'e structures proposed for construction as a result of
implementation of the General Plan Update would be comprised of materials capable of leaching out to
the groundwater during the lifetime of the development, thereby degrading groundwater quality.
Hazardous materials used during construction could contaminate surface water and percolate into the
aquifer,underlying the project site if the materials are not properly contained. Other, common sources of
groundwater contamination are leaking underground storage tanks, septic systems, oil fields, landfills, and
34 Newport Beach General Plan Update EIR Initial Study
the City of Newport Beach
Less Than
sign icanl
Polenfialh w1h Less Than
• Signdicant MligaLon Signiricant No
Impact Incorporated Impact Impact
general industrial land uses. This impact is considered potentially significant and will be further analyzed
in the EIR.
(g) Place.housingWithin a9QO-yearfloodrhazard'afea"as Z: ❑; ❑
mapped on a federal Flood Hazard Boundary or`FI'ood,
Insurance Rate Map orotHer flood.hazard delineation
map$
Discussion
The 100-year flood zone generally lies in and along the edges of Newport Bay and along the coastline of
the Planning Area. Because development associated with the General Plan Update includes an increase in
residential development throughout the City, it is possible residential uses could be sited in the flood
zone. This impact is considered potentially significant and will be further analyzed in the EIR.
;,(h) 'Placew✓ithin.q 100�yearflood'hazafd,grea.structufe's.that Z^ ❑ ❑ ❑
wouldlimpede or tedireet flood,flowsB,
Discussion
Flood flows primarily travel along Newport Bay and across the coastline. Although structures that
substantially impede flood flows, such as dams and levees, would not be constructed under the proposed
General Plan, overall intensification of development could alter existing passages through which flood
waters flow. This impact is considered potentially significant and will be further analyzed in the EIR.
. (i) Expose people,or structures to,a significant risk of loss, 0' ❑; ❑ ❑;
;injury or death involving flooding, inclucling flooding.as,a
result of the failure of crlevee or clam?�
Discussion
11
Several dams are located within and in the vicinity of the City of Newport Beach. Portions of Newport
Beach are threatened by inundation resulting from failure of Prado Dam, Santiago Creek Reservoir, Villa
Park Reservoir, San Joaquin Reservoir, Big Canyon Reservoir, and Harbor View Reservoir. This impact is
considered potentially significant and will be further analyzed in the EIR.
(j) Inundatiornbyselche,'tsungrllf,:or•'mudfloVl ❑" ❑
Discussion
Seiching in large, enclosed bodies of water, such as the reservoirs in the City and, to an extent, Newport
Harbor and Newport Bay, would inundate immediate areas surrounding the body of water. Prolonged
rainfall during certain storm events would saturate and could eventually loosen soil, resulting in the flow
of mud down steep slopes and slope failure. In addition, the proximity to the ocean leads to natural risk
of tsunamis from offshore and distant seismic events. This impact is considered potentially significant
and will be further analyzed in the EIR.
Newport Beach General Plan Update EIR Initial Study 35
The City of Newport Beach
Lea Than
Slgnlncont
PotegtialN
with
Lea Than
sigNlfcont
Mitigation
SIgNRcont
No
Impact
Incorporated
Impact
Impact
LAND AND PLANNING
Would the project:
(a) Physically divide an established community?
❑
❑
®
❑
Discussion
The implementation of the proposed General Plan Update would not physically divide an established
community as it would provide increased development in various separate locations with the intention of
increasing the cohesiveness of the city. This impact is considered less than significant but will be further
analyzed in the EIR.
(b), Confllct with'any applicable-land:use plan, policy, or' ❑ ❑ _ (� ]'
regulation of an agency with jurisdiction over the project
(including, but -not limited to the general plan, specific
.plan, local coastal program, or zoning ordinance)
adopted.for the purpose of avoiding or mitigating an
environmental effect?
Discussion
The General Plan Update contains updated land use polices that govern development in the City and the
Planning Area for the next 20 years. It also provides for new land use and development patterns, which
are different from the City's existing General Plan and Zoning Code for some areas, such as the Airport
Area and Newport Center/Fashion Island. This impact is considered potentially significant and will be .
further analyzed in the EIR.
(c) Conflictwilh any applicable •habitatconservationplan or ❑, ❑ X ❑
natural communityconservation plain?
Discussion
The Orange County Central -Coastal NCCP Subregional Plan is the applicable habitat conservation plan
for the Planning Area. In July of 1996, the City became a signatory agency in this plan. As a signatory
agency, the City is responsible for enforcing mitigation measures and other policies identified in the
NCCP/Habitat Conservation Plan Implementation Agreement for properties located within the City
Litnit that are part of the NCCP Subregional Plan. Impacts resulting from implementation of the General
Plan Update would be less than significant.
0
36 Newport Beach General Plan Update EIR InRiai Study
•
•
•
The City of Newport Beach
Lew Than
Significant
Potenfidly with
Significant Miligation
Impact Incorporated
Would the project:
(a) Result in the loss of availability of-c known mineraPresource :❑'
that would-ba of value to the region and the residents -of
the state?
(b) Result in the lo"ss,of availability of a,l,ocally-important
mineral resource recoverysite•delfneated on-clocal
general plan, specific plan,or other land'use•plan?
Lew Than
Significant No
Impact Impact
Discussion
(a—b) Two separate production and reserve areas exist within the Planning Area: the Newport oil field
and the West Newport oil field. The Newport Oil Field is located in the western portion of the Planning
Area, and is estimated to have oil reserves of approximately 35 million barrels (Mbbl) and produces
approximately 55 billion cubic feet of gas. The West Newport oil field, located in the Banning Ranch
area, produces approximately 20.5 billion cubic feet of gas with a daily production per oil well of
approximately 5 bbl. Estimated oil reserves within this field are approximately 728 Mbbl.
Thirty-three abandoned oil wells are located in numerous sites throughout the City, concentrated along
the northwest boundary. Other than oil and gas resources, there is no active mining within the Newport
Beach area. Mineral Resource Zones (MRZ) within the City are either classified as containing no
significant mineral deposits (MRZ-1), or the significance of mineral deposits has not been determined
(kARZ-3). Section 1401 of the City's Charter does not allow new drilling, or production or refining of oil,
gas, or other hydrocarbon substances within the City. However, the Section does not prohibit these
activities within any area annexed to the City after the effective date of the Charter if these activities were
already in operation. The City's Municipal Code does allow for slant drilling activities for oil, gas, tar, and
other hydrocarbon substances within a designated area of Newport Beach. Thus, this impact is
considered potentially significant and will be further analyzed in the EIR.
Would the project result in:
(a) Exposure of persons -to -or generatiori.of-noise levels in
excess of standards established-in-the-local,genera-Lpian
or noise ordinance, of applicable standards:of other
agencies?'. -
Discussion
With implementation of the General Plan Update, it is expected that there would be increases noise
levels throughout the City. Noise levels associated with construction activities could temporarily exceed
noise level standards established by the City. In addition, the increase population, commercial and retail,
and corresponding traffic could cause operational increases in noise levels which could be in excess of
established standards. This impact is considered potentially significant and will be further analyzed in the
EIR.
Newport Beach General Plan Update EIR Initial Study 37
The City of Newport Beach
Lon Than
Slgniticont
Polentialy
Hgh
Less Than
significant
Mligallon
significant No
Impact
Incorporated
Impact Impact
(b) Exposure of persons:to-or generation of excessive
❑
❑ ❑
groundborne vibration -or groundborne noisedevels?
Discussion
Implementation of the General Plan Update would include construction activities associated with
development. Construction activities typically create an increase in groundborne vibrations and noise
levels. Groundborne vibrations and noise generated by construction activities associated could increase
noise levels intermittently at nearby sensitive receptors, which generally include residential and school
land uses. Groundbome vibration impacts are considered potentially significant. This issue will be further
analyzed in the EIR.
(c) A substantial permanent increase in ambient noise levels ❑ ❑ ❑
in the projeaAcinity.above levels existing without the
project?
(d) A'substantial temporary or periodic increase irrambient ®, ❑ ❑ ❑
noise levels in the project vicinity above levels existing
Without the project?
Discussion
(c—,d) Implementation of the General Plan Update could increase ambient noise in the City above
existing levels. This would be due 'to ,the increase in population, traffic flow and patterns, increased
business, and increased construction throughout the City. Some of these sources would be regulated by
existing noise ordinances, but could still exceed existing levels. This impact is considered potentially
significant and will be further analyzed in the EIR.
(e) . For a -project located within an airport land use plan or, ® ❑ ❑ ❑
where such a plan has notbeen adopted, within two,
miles of a public airport or publieve airport; Would,the'
profect,expose people residing orworking in theproject
area to excessive noise'levels?
Discussion
The General Plan Update covers an area that has flight paths directly overhead from John Wayne
Airport Although aircraft noise can be heard throughout Newport Beach, the highest noise levels are
experienced just south of the airport, in the Airport Area, Santa Ana Heights Area, Westcliff, Dover
'Shores, the Bluffs, and Balboa Island, and are generated by aircraft departures. Development in these
locations within the Planning Area would expose an increased a greater number of residents and visitors
to noise generated by operations at John Wayne Airport. This impact is considered potentially significant
and will be further analyzed in the EIR.
(i) For a project Within the vicinity of a private airstrip, would ❑' ❑, ❑ 19
the project,expose,people,reslding,orworking In the
project area to excessive noise levels?,
Discussion
There are no private airstrips in the vicinity of the City and would have no impact This impact will not
be further discussed in the RUL
38 Newport Beach General Plan Update EIR Initial Study
r1
U
0
9
The City of Newport Beach
Lett Than
Significant
Polentialy with
Significant Mitigahon
Impact Incorporated
Would the project:
Lea Than
Significant No
Impact Impact
qa) Induce substontfal,populdtion,growth,in' an',area;.eithef ET R M,'
directly (for exdmole; by-proposing,new•horres,and
businesses) or indirectly,(forexample, through extension of
roads or other infrastructure)?
Discussion
Development associated with implementation of the General Plan Update would induce substantial
population growth in the Planning Area. It is not anticipated that the population growth,that would
result from the General Plan Update would be greater than regional population projections since many
of the land use changes in the General Plan Update would serve to accommodate these already -identified
increases in population. The EIR will evaluate the changes in population resulting from proposed
changes in land use designations. This impact is considered less than significant but will be further
analyzed in the EIR.
(b) Displace substantiaLhLimbers o#.existing;housing,
necessitating.the construction of replacement' housing
elsewhere?
(c) Displace substantial numbers of people, necessitdting'the ET
construction of replacement housing.elsewhere?
Discussion
(b-c) Implementation of the General Plan Update would result in the development of single and multi-
family residential uses. The increase in residential land uses in the City would serve to accommodate the
increase in population that would occur as a result of State and regional population growth.
Implementation of the General Plan would not displace substantial numbers of existing housing and/or
people. This impact is considered less than significant.
(ii) Would the•p aject-resultimsubstantiabadverse physicol w
impacts associated, with the provision of new or physically_
altered,governmental:facil(ties, need`fonnew onphysically,
altered,goyernmental facilities, -the construction of which
could cause-significgnt environmental impadfs,,In 9tclerto
maintain acceptable servicerratios, responsetimes,or
other performance objectives for -any of the public
services:
(i) _ Fire, protection?
0 EJ 11
Discussion
The Newport Beach Fire Department, the Orange County Fire Authority, and the Costa Mesa Fire
Department provide fire protection services for the City and Planning Area. Development under the
proposed General Plan would increase over existing conditions in the Planning Area. Any development
Newport Beach General Plan Update EIR Initial Study 39
The City of Newport Beach
Lew1ban
Stgnilkanl
Polentlalty vdlh Les Than
5Igr0cant Wigalion significant No ,.
Impact Incorporated Impact Impact
increase that would occur as a result of implementation of the proposed General Plan would have a
corresponding increase in traffic volumes and congestion problems on surface streets, which could
hinder response times for calls for service (for both fire protection and emergency medical service). This
impact is considered potentially significant and will be further analyzed in the EIR. The EIR will
recommend mitigation measures that would reduce this impact to,a less -than -significant level.
(II) Police.protectioh6 - T ® Q ❑
Discussion
The Newport Beach Police Department, the Orange County Sheriff Department, and the Costa Mesa
Police Department provide police services to the City and the Planning Area. Increases in population
resulting from build out of the General Plan Update could affect the ratio of law enforcement officers
per 1,000 residents. This impact is considered potentially significant and will be further analyzed in the
E1R The EIR will recommend mitigation measures that would reduce this impact to a less -than -
significant level.
❑ F1'
Discussion
The Newport -Mesa Unified School District provides educational services to the City of Newport Beach
as well as the City of Costa Mesa and other unincorporated areas of Orange County. The Airport Area is
served by the Santa Ana Unified School District. Population increases resulting from implementation of
the General Plan Update would increase the demand for school services which could ultimately result in
an exceedance of capacity at the District's schools. This impact is considered potentially significant and
will be further analyzed in the EIIL The EIR will recommend mitigation measures that would reduce this
impact to a less -than -significant level.
` (iv) ParkSf
Discussion
The City contains approximately 278 acres of developed parks. Implementation of the proposed General
Plan Update would increase the population of the Planning Area and could ultimately increase demand
on the City's parkland resources. This impact is considered potentially significant and will be further
analyzed in the EIR. The EIR will recommend mitigation measures that would reduce this impact to a
less -than -significant level:
s' (v) Other public facilities " ' OR El
DiscussionAn increase in population resulting from implementation of the General Plan Update would increase
demand on other -public facilities including libraries. This impact is considered potentially significant and
will be further analyzed in the EIR. The EIR will recommend mitigation measures that would reduce this
impact to a less -than -significant level.
40 Newport Beach General Plan Update EIR Initial Study
The City of Newport Beach
Less Than
Significant
Potentially VAIh Les Than
• Significant Mitigahon Significant No
Impact Incorporated Impact Impact
(a) Would the project increcte-the use of existing ❑ ❑ ❑
heighborhood'and regiongl•p6rks r, other recreational,'
facilities such#hat•substantial physical deterioration -of the
facility would-occur.or be accelerated?
Discussion
The City has approximately 286 acres of developed parks and approximately 90 acres of active beach
recreation acreage, for a total of 376.8 acres. Although the City of Newport Beach appears largely built
out, there are a number of vacant parcels available for future development. An increase in population
resulting from implementation of the proposed General Plan Update may place an even higher demand
on these existing facilities such that deterioration of these facilities would be accelerated. This impact is
considered potentially significant and will be further analyzed in the EIR.
(b) Does the project include recreational -facilities or. require C7 d ❑
the construction orexpansion,of recreationdl.facilities that
might have an adverse<physical effect on4he
environment
Discussion
Development under the General Plan would include construction of recreational facilities that would
• serve current and future City residents. Construction of such facilities could have an adverse effect on
the environment. This impact is considered potentially significant and will be further analyzed in the
EIR. The EIR will recommend mitigation measures to reduce this impact to a less -than -significant level.
•
Would the project:
(a) Cause arr increasein traffic which•is substantial in relation El
to the existing,traffie-load and'capgeity of the street
system (he., result.in,a substantial, increase iri either the
number of vehicle, tri'ps,, fte,volUme to capacity 'ratio on
roads, or congestiorratintersections)?
(b). Exceed, either'individually,or; cumulatively, a,leve) of ®•El
service standard estdbllshed byihe county.•congestioh
management agency -for designated roads.or highways?
ET El
Discussion
(a—b) Development associated with the General Plan Update would result in an increase im traffic and
modifications to existing roadways. A traffic analysis technical report will be prepared to assist in the
evaluation of the potential impacts related to traffic that would result from project implementation. The
General Plan Update would generate additional vehicular trips that could potentially result in a
substantial traffic increase in the City. This increase in traffic would further add to the existing traffic
load and could impact the existing capacity of the street system. The potential impacts due to increased
Newport Beach General Plan Update EIR Initial Study 41
The City of Newport Beach
Less Than
SIgNOcant
Pofenlialfy wllh Lau Than
51gNliccnt MIDgallon 51gni0ccnt No
Impocl Incoiporaled Impact Impact
•
trip generation, changes to the volume -to -capacity ratio on toads, and congestion at intersections will be
analyzed in the EAR.
(c) Resultdn a change in air traffic patterns, including either ❑ ❑
an increase"in traffic levels or a change.In location that
results in substantial safety risks?
Discussion
Newport Beach borders the southeastern portion of John Wayne Airport. The increased in population
and traffic volume resulting from implementation of the General Plan Update is, however, not
anticipated to increase use of this airport to a level that would significantly increase air traffic levels or
require a change in air traffic patterns. Impacts are considered less. than significant.
(d) Substantially increase hazards due to a,design feature ❑ ❑ ® ❑.
(e.g., sharp curves or dangerousdniersections) or
incompatible uses (e.g:, form equipment)? T
Discussion
Implementation of the General Plan Update would include several roadway improvement measures, but
would not include design features that would result in roadway hazards. The General Plan would also
include goals and policies that would govern the safety of the CiVs roadways. This impact is considered
less than significant and will be further evaluated in the EIR.
(e) Result in inadequate emergency access?
Discussion
Development associated with the General Plan Update would be requited to comply with the Municipal
Code and other applicable polices that set forth guidelines for emergency access to and from
development sites. However, on a City-wide scale, significant increases in traffic volumes on roadways
could impede access for emergency vehicles such as ambulances and police cars. This impact is
considered potentially significant and will be further analyzed in the EIR.
(f) Result'in inadequate.pdrkirlg capacity? _ ❑ ❑ ® ❑
Discussion
The implementation of the General Plan Update would cause an increased demand for parking as new
residential and commercial land uses would increase. However, new, development that would occur
under the General Plan would be requited' to adhere to the Municipal Code standards as well as any
applicable parking policies for the area. This impact is considered, less than significant and will not be
further analyzed.in the EIR.
i (g) Conflict with adopted policies, plans, or programs El ~ _ El ❑ _19
supporting alternative iransportation.(e.g., bus turnouts, I
bicycle rdcks)?
Discussion
The General Plan Update will not conflict with any policies, plans, or programs which support alternative
transportation in the City. The General Plan Updates contains updated policies regarding alternative
transportation modes in the City. The General Plan Update contains updated transportation polices that
•
42 Newport Beach General Plan Update EIR Initial Study
The City of Newport Beach
Lew Than
Significant
Potenholy With Less Than
• Signficant Milgalion significant No
Impact Incorporated Impact Impact
guide circulation issues in the City over the next 20 years. Thus, by its nature, the General Plan Update
would not conflict with any adopted policies, plans, or programs supporting alternative transportation.
No impact would result and no further analysis is required.
Would the project:
(a): Exceed wgstewater treatment• requirements of the Q' 0'
applicable Regional Water Quality Conirol;Bodrd?
Discussion
Any development resulting from implementation of the General Plan Update would be required to
obtain a National Pollution Discharge Elimination System permit from the Regional Water Quality
Control Board (RWQCB) that would contain requirements for wastewater discharge, Best Management
Practices, and a Stormwater Pollution Prevention Program. Within the NPDES permit the effluent
quality criteria shall be specified in the permit as determined by the RWQCB. Compliance with
requirements set forth by the RWQCB would reduce impacts to a less -than -significant level.
(b) Require or result -in the -construction -of new water or' 0 ;® 0 0'
wastewater treatment'facilities or expansion of existing
facilitles, the construction of which-could,cause significant
environmentai•eff, ee f s?.
• Discussion
Domestic water for the City is supplied by both groundwater and imported surface water. Groundwater
is provided from the Orange County Groundwater Basin and the remaining water supply is provided to
the City by the Metropolitan Water District. Wastewater generated in the City is treated by the Orange
County Sanitation District (OCSD). Development resulting from implementation of the General Plan
Update would result in increased demands on water and wastewater treatment facilities which could
ultimately result in the construction of new facilities. Tbis impact is considered potentially significant and
will be further analyzed in the EIR. The EIR will recommend mitigation measures to reduce this impact
to a less -than -significant level.
(c) Require orfesult-in.the consfruetion-of new,sforrp water. 0; ; 0 0 ;
drainage'tacilities orexpansion of=existing facilities,,the
construction ofwhich could caosesignificent
environmental effects?
Discussion
The City provides storm drain facilities to the Planning Area. Undeveloped areas within the Planning
Area, including Banning Ranch, do not currently have storm water facilities and would require new
facilities if development were to occur under the General Plan Update. Construction of new facilities or
expansion of existing facilities could have adverse environmental effects in currently undeveloped areas.
This impact is considered potentially significant and will be further analyzed in the EIR.
L J
Newport Beach General -Plan Update EIR Initial Study 43
The City of Newport Beach
Lott Than
SlgNficonl
Polenifaltf W1h Loss Than
SIgi0cant M11gollon SlgdRoont No •
Impact Incotpmled Impact Impact
(d) Have-sufficientwgter supplies available to serve the [�
project from existing�entitlements and resources, orare
new or expanded entitlements needed:
Discussion
Domestic water for the City is supplied by both groundwater and imported surface water. Currently,
about 64 percent of the water supplied to both the City and Costa Mesa's service area is from
groundwater from the Orange County Groundwater Basin (administered by the Orange County Water
District or OCWD), and the remaining 36 percent of water supply is provided by the Metropolitan' Water
District (MWD), which delivers surface water imported from the Colorado River and State Water
Project. Increases in population resulting from implementation of the General Plan Update could place a
demand on water suppliers that would exceed existing entitlements and resources. This impact is
considered potentially significant and will be further analyzed in the EIR. The EIR will recommend
mitigation measures to reduce this impact to a less -than -significant level.
(e) Result in a determination,by,the wastewater treatment 0 N El D _
provider that 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?
Discussion
Wastewater treatment is provided by the OCSD. Increases in wastewater generation resulting from
implementation of the General Plan could exceed the capacity of the existing treatment facilities. The
EIR will include an analysis of the current and future capacity of OCSD facilities to determine whether
impacts would result from implementation of the General Plan Update. If applicable, mitigation
measures will be recommended to reduce any potentially significant impacts to a less -than -significant
level.
(f) Be served by a'landflllwith•sufficient permitted capacity to Q' I El El
accommodate'the project's solid waste disposatneeds?
(j;) Comply with federal, state, and local Statutes -and El - ® E]
regulations related to solid waste?
Discussion
(f—g) Implementation of the General Plan would result in, increased generation of solid waste. The EIR
will include an analysis of the ability for existing landfills to accommodate future solid waste disposal
needs in the Planning Area. In addition, the EM will discuss compliance with federal, state, and local
statutes and regulations related to solidwaste. If applicable, mitigation measures will be recommended to
reduce any potentially significant impacts to a less -than -significant level.
•
44 Newport Beach General Plan Update EIR Initial Study
E
The City of Newport Beach
Less Than
Slgnd'icanl
Potentialy with Len Than
significant Mitigation Significant No
Impact Incorporated Impact Impact
(a)' Does1he projecf;have the,potential:to ;dedrade the , �' , ❑ ❑,- El:
quality ofthe' environment, substantially teduce the
habitat of a fish or wildlife:speci:%, cause,a fish or wjldlife -
populotion to'drWbelow self-sustainingilevels, threaten to
•eliminate -a plant or,animalrcomrnunity, reduce.the
number or, restrict the•rdnge of a rare or�endangered
plant, or animal or eliminate, important examples -of the_
iimqjor'periods.of.Califorhia'hisfory or'prehistary
Discussion
The General Plan Update could potentially convert open land within the City and already developed land
to higher density development which could have the above listed impacts. As discussed above, the
General Plan Update could potentially affect aesthetics, air quality, biological resources, cultural
resources, hazards and hazardous materials, hydrology and water quality, land use and planning, noise,
recreation, transportation, and utilities and service systems. Additionally, impacts to any of the issue areas
described above (which have potentially significant impacts identified) could be considered to affect the
quality of the environment. This impact is considered potentially significant and will be further analyzed
in the EIR.
(b). Does the projectahave irnpacts-that are indivldually0 ❑ ❑ 11
• limited; but•cumuldtivelyconsiderable? ("Cumulatively
considerable" means.that.the4ricremehtal'effects of a -
projecf die considerable wheri'viewed'irrconnection'with.
the effects of past,projects, •the effects ct other current
^projects, and the effects ofprobablefutureiproject's)?
•
Discussion
The implementation of the General Plan Update along with cumulative development in surrounding
cities is considered the cumulative scenario, as the City as well as surrounding areas are the whole of the
area that could be impacted. Because of this, each issue area will include an analysis of cumulative
impacts. This impact is considered potentially significant and will be further analyzed in the EIR.
(c) Does the prcjecthave environmental effects that will -. ❑ ❑;EJ
cause substantial.adVerse effects -on hunian.beings, either
directly or indirectly _. _.
------ - - - ---- - —
lscusston
As previously discussed, the proposed project could potentially result in environmental effects that may
cause adverse effects on human beings with regard to aesthetics, air quality, biological resources, cultural
.resources, hazards and hazardous materials, hydrology and water quality, land use and planning, noise,
recreation, transportation, and utilities and service systems. Impacts are considered potentially significant
and will be further analyzed in the EIR.
Newport Beach General Plan Update EIR Initial Study 45
E
CITY OF NEWPORT BEACH
GENERAL PLAN ADVISORY COMMITTEE
Minutes of the General Plan Advisory Committee Meeting held on Saturday,
January 28, 2006, at the Central Library.
Members Present:
Roger Alford
Patrick Bartolic
Ronald Baers
Phillip Bettencourt
Carol Boice
Elizabeth Bonn
John Corrough
Lila Crespin
Laura Dietz
Grace Dove
Members Absent:
Gus Chabre
Bill Kelly
Lucille Kuehn
Staff Present:
Nancy Gardner
Gordon Glass
Louise Greeley
Ledge Hale
Bob Hendrickson
Tom Hyans
Mike Ishikawa
Kim Jansma
Mike Johnson
Donald Krotee
Philip Lugar
Marie Marston
Jim Naval
Charles Remley
John Saunders
Jan Vandersloot
Tom Webber
Ron Yeo
Raymond Zartler
William Lusk Hall Seely
Catherine O'Hara (sick leave)
Larry Root
Sharon Wood, Assistant City Manager
Patricia Temple, Planning Director
Gregg Ramirez, Senior Planner
Debbie Lektorich, Executive Assistant
Woodie Tescher, EIP Consultant
Members of the Public Present:
Carol Martin April Schleede
Carol McDermott Lee Sutherland
I. Call to Order
Nancy Gardner called the meeting to order.
1
II. Policy Review: Housing, Noise, Mariner's Mile Development Policies,
• Harbor & Bay
Housing Element
Mr. Tescher reviewed the document and the committee discussed the goals and policies
and recommended the following changes.
Jan Vandersloot asked about 2.1.3 and made a motion to delete the policy. Mr.
Tescher informed him that State law required the policy. Mr. Yeo suggested taking out
the word parking. Ms. Wood indicated it was just an example so it could be taken out
of the example list. Mr. Vandersloot asked to include language that says in accordance
with State law. Ms. Gardner summarized the changes; considering in accordance with
State law the waiver that planning and park feels and modify development standards,
etc. The Committee agreed.
Ms. Wood pointed out that the housing program 2.1.3 should be included under Policy
3.1.
Ms. Gardner opened the discussion to the public, no comments were offered.
Noise Element
Charles Remley asked if the noise level study had been done on the whole City, he
pointed out that the Lido Bridge is in the 60 db noise level however Balboa Boulevard
• on the peninsula is not. Mr. Tescher indicate he would go back and make sure the
traffic numbers were included.
Gordon Glass asked to strike the work continue in policy 1.4.
Philip Bettencourt made a motion to change the word require to consider in 1.16. Mr.
Tescher suggested encourage. The Committee agreed.
Mr. Webber felt the noise levels in 1.5 were too high for mixed use developments. He
suggested 50 db for the nighttime hours. Mr. Chabre thought by lowering the numbers
it would cause problems for businesses in these areas. The Committee agreed to
change 60 db to 50 db.
Mr. Glass suggested adding language to 1.7 to include design aspects for loading and
trash areas in addition to limiting hours.
Mr. Yeo asked that 1.6 apply to new developments and mixed use developments. Mr.
Tescher suggested adding a policy dealing with areas where commercial/residential
abut each other.
Ms. Gardner suggested changing the language in 2.4 to include limiting the hours of
truck deliveries for commercial uses abutting residential uses and other noise sensitive
land uses to minimize excessive noise unless there is no feasible alternative, exceptions
from this restriction should b based solely on full compliance with the nighttime noise
ordinance.
2
Mr. Baers asked that enforcement language be added to 2.6. Mr. Tescher suggested
• require all boating activities to comply with and enforce.
Ms. Gardner asked to reinstate Policy 4.3.8 from the existing Noise Ordinance dealing
with enforcing the noise ordinance on hours of maintenance and construction activity in
residential areas.
Mr. Saunders suggested adding a paragraph on page 8 to read: To the maximum
extent allowable by law, the City shall use actual noise contours (or the most likely
estimate of future noise contours) rather than any arbitrary (or standards based on less
likely assumptions) in considering allowable uses in the airport area. Ms. Wood thought
it sounded more like policy than background and suggested putting it under N3 if the
Committee wanted to add the language. Ms. Wood modified the language slightly to
read: To the maximum extent allowed by law, the City shall use noise contours based
on the most likely estimate of future airport operations rather than contours based on
assumptions of less likely future operations in determining allowable uses. The
Committee agreed.
Mr. Webber made a motion to change the language in 4.3 to limit hours of recreational
activities. Mr. Remley disagreed and felt the language was fine the way it was.
MOTION FAILED
Laura Dietz asked to add non -City firework displays to 1.4. The Committee agreed.
• Mr. Bartolic asked to add language to 4.4 to include gardening equipment. The
Committee agreed to a new policy regarding noise from gardening equipment.
Mariner's Mile Development Policies
Ms. Gardner reminded the Committee that the original recommendation was not to
include residential and then Council asked us to go back and readdress the issue. At
another GPAC meeting we agreed to revisit this subject and directed staff to provide
additional information. She added she received a request from a property owner in
Mariner's Mile to do a presentation to the Committee and asked the Committee if they
would like to hear it. The Committee agreed.
Mr. Tescher presented additional information to the Committee regarding two different
approaches to address view corridors and asked the members to comment, he added
that staff recommended the #1 General Policy Approach. Mr. Chabre suggested using
#2 and adding the second and third bullet points from #1. Mr. Yeo suggested adding
pedestrian and bikeway to the end of the first sentence in #1. Ms. Gardner suggested
looking at the first bullet in #1 to see if it was applied to the BBC would we get the
result we wanted, she also suggested adding clear view of the water at all times. Mr.
Vandersloot suggested adding an unobstructed view of the water and also to include
some kind of standard on the width of the view. Mr. Tescher suggested strengthening
the language by using shall instead of should. Ms. Dove asked to include the views
from the Arches Bridge in #1. Mr. Yeo suggested adding parked cars to the first bullet
• in #1, avoidance of landscape, parked cars and other non-structural. Mr: Yeo also
wanted to change roadway to public right of way. Ms. Wood suggested adding to the
3
second bullet to add a formal review process. Mr. Webber asked to include a view
• height to the requirements. Mr. Bartolic felt the requirement should be views of the
harbor instead of views of the water. Mr. Tescher suggested views to the harbor and
water where feasible or as feasible the water. Ms. Gardner suggested water first then
harbor if not possible.
Carol McDermott introduced Don Jacobs, JZMK Properties, who was the architect on a
mixed use project for Mariner's Mile. Mr Jacobs reviewed the project and answered
questions from the Committee.
Ms. Gardner asked the Committee to vote on the Viewshed Policy Options. The
Committee decided to go with the general policy approach with some very specific
language which will include: clear and unobstructed views, preference to see the
water, but if not the water at least the harbor, a new view corridor from Newport
Boulevard, added parked cars and changed should to shall.
Mr. Webber suggested adding a view height. Mr. Tescher suggested using as viewed
from rather than a number.
Mr. Johnson made a motion to eliminate parking on the bayside of Coast Highway
which would also solve the problem of bicycle safety as well as improve the view. Ms.
Dietz felt that would destroy the economic viability of the businesses on that side of the
street. MOTION FAILED
• Mr. Glass asked that significant be deleted from bullet 2 and have it apply to any new
development.
Ms. Gardner asked for discussion on whether the Committee should reconsider our
original recommendation not to have residential housing on the bay side of Coast
Highway.
Mr. Remley felt that projects such as the one presented would favor residential over
harbor/marine uses and if allowed we will nave no marine uses on the harbor side. Ms.
Gardner pointed out that restrictions could added to avoid that result.
Ms. Boice asked about the traffic numbers for commercial vs. residential. Mr. Tescher
responded that given the same amount of square footage, commercial would have a
higher traffic count.
Mr. Bartolic felt that the area has been blighted for some time and anything that would
improve that would be a good thing. Mr. Corrough agreed stating unless residential
was allowed, the area would stay in the same condition, he added that because we're
looking at 20 years, it would be a mistake to ban residential.
Mr. Vandersloot made a motion to stay with the original recommendation, no residential
on the harbor side of Coast Highway in Mariner's Mile.
Mr. Alford disagreed with the motion stating he felt the property owners had a right to
develop their property in a manner most marketable.
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Ms. Dove felt that the policies we're putting in the General Plan place residential at the
• top, everything has to accommodate residents in these units and it could have a major
impact on the activity in the area. She added that the Coastal Act has a bias in favor of
visitor serving commercial rather than residential.
Ledge Hale felt it was too restrictive to say absolutely no residential regardless of the
project.
Mr. Glass pointed out that the City will have the opportunity to review any projects in
this area through a development plan design review and would be able to determine
the appropriateness of the project.
Ms. Gardner called for a vote on the motion. MOTION FAILED
Ms. Gardner asked the Committee if additional language/policies were needed to
include residential, for example how much should be allowed.
Mr. Glass thought the language needed to be as open as possible to encourage
innovation.
Ms. Wood asked the Committee if they supported the language in 6.19.2 requiring a
minimum frontage of 200" and a minimum of 50% of the permitted square footage
devoted to non-residential uses.
Ms. Wood asked the Committee to review the new language for policy 6.19.8
• distributed this morning. Mr. Glass made a motion to accept the new language.
MOTION PASSED
Mr. Saunders suggested adding language to encourage marine uses. Mr. Tescher
pointed out that it is included in 6.19.2. Mr. Saunders wanted to make use the
language was strong. Ms. Wood suggested changing accommodate to encourage in
6.19.2.
Mr. Bartolic was concerned about the view corridor and felt the size should be
identified. Mr. Tescher restated the policy after the Committee had made the changes
earlier in the meeting. Ms. Gardner asked if the Committee anted to reopen the
discussion on view corridors. Ms. Jansma agreed that the size of the view corridor
should be defined. The Committee agreed to reopen the discussion.
•
Mr. Bartolic suggested not starting over but just adding a target range at 15-20%. Mr.
Vandersloot suggested 30%.
Mr. Saunders made a motion that we encourage the view corridor to be a minimum of
15% with preference to 30% of the site, and eliminate the 200' minimum. Ms. Wood
indicated the elimination of the 200' limit would be a separate policy from the view
corridor policy. Ms. Gardner asked the Committee to address the first part of the
motion. Ms. Wood pointed out that the motion would apply to all properties regardless
of the size of the parcel.
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Mr. Corrough stated this would illustrate the need for setbacks between properties and
• points out without it this policy may create a view similar to looking though the long
end of a telescope with buildings on both sides of the corridor.
Mr. Alford pointed out that Mr. Corrough's comment is why the Committee had decided
earlier to go with verbiage rather than percentages 'because some properties are only
50' wide.
Ms. Gardner called for the vote on the motion. MOTION FAILED
Mr. Webber made a motion to include language that we encourage the City to create a
redevelopment committee in order to improve the properties along Mariner's Mile and
preserve view corridors. Mr. Tescher pointed out that there is language in the Land Use
Element that encourages the City to provide incentives for lot consolidation. Motion
dies for lack of a second.
Mr. Alford made a motion to accept the original plan for view corridors. MOTION
PASSED
Harbor & Bay Element
Ms. Wood reported that started on the Harbor & Bay Element thinking that all the
policies would be covered in other elements and Harbor & Bay would become a district
in, the Land Use Element. The Harbor Commission did not support the concept because
of the importance of the Harbor and Bay to Newport Beach. Although staff is
• supporting the Commission's recommendation, we didn't have time to reassemble
everything so a table was presented to the Committee for discussion. She added that
the policies will be cross referenced to indicate their location in other elements to
ensure when a policy is updated, it is done in all elements.
Mr. Webber made a motion to include the deleted language on the first page regarding
improper mooring transfers. Mr. Corrough indicated it was discussed at length at the
Harbor Commission and they felt there were other means to accomplish this. Mr.
Webber stated he was on the Mooring Committee and the other methods weren't
working. MOTION PASSED
Ms. Dove made a motion to eliminate live-aboards by attrition, she added that they are
in conflict of State law. Mr. Chabre felt they are extra eyes and ears in the harbor and
he is glad to have them out there.
Ms. Dove pointed out another area where transfer of moorings had been deleted. She
asked that the wording be changed to, strictly regulate the transfer of moorings to
eliminate private profits from improper sales and to allow public opportunities for
acquisition of a mooring through a wait list. The Committee agreed.
Ron Baers suggested adding the word recreational in goal 5.19 after characterize. The
Committee agreed.
Ms. Wood indicated there is a need to add language under 5.20 regarding control of the
• sea lion population by restricting food or fish parts in the bay and requiring deterrent
measures on boats and docks.
Ms. Dove suggested adding language to 5.14.2 to encourage creation of waterfront
is public spaces. Mr. Yeo suggested adding the language to the Land Use Element also.
Mr. Glass made a motion to include beaches in the language proposed by Ms. Dove.
The Committee agreed.
III. Report on Community Outreach
Ms. Wood reported the City had just retained M4 Strategies to assist with distribution of
public information on the General Plan Update. The City is limited by law to distribution
of information only, no campaigning. The first newsletter is about ready to go out and
a total of 10 newsletters should go out through July. Also, EIP's contract calls for one
more public event which is scheduled for April 1st.
Mr. Chabre asked if the staff/consultant could put together a list of talking points that
members could take to their HOAs about the General Plan. Ms. Gardner indicated there
was a PowerPoint presentation and asked if anyone wanted to do some outreach to let
her know. Ms. Temple added that if anyone wanted to do a presentation, staff could
attend and provide the equipment.
Mr. Chabre also suggested some of the HOAs have newsletters/bulletins to their
members which could provide another opportunity to get information out to the public.
Mr. Vandersloot asked if the outreach program would provide the pros and cons so that
• discussions will cover the good and bad, such as traffic getting worse over existing
conditions. Ms. Gardner indicated the presentations she has done have been more
informational about the process and who was involved. She added there isn't a lot of
time to get into the details.
Ms. Boice stated she is involved with the Eastbluff HOA and asked if the newsletters
would cover the impacts of traffic for that area. Mr. Tescher pointed out that the EIR
would have that information and comparisons to existing and the current General Plan,
and that document will be available to the public.
Ms. Wood indicated copies of the PowerPoint presentation would be sent to everyone.
IV. Discussion of Future Agenda Items
Ms. Wood reported that the review of the elements is complete, the next step will be
the Implementation Plan. When the document is ready a meeting will be scheduled.
V. Public Comments
No comments offered.
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