HomeMy WebLinkAboutGPAC_2006_03_13G PJ
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March 13, 2006
7:00-9:00 p.m.
I.
CITY OF NEWPORT BEACH
GENERAL PLAN ADVISORY COMMITTEE
Call to Order
AGENDA
II. Implementation Program Review
III. Discussion of Future Meetings
OASIS Senior Center
5th and Marguerite
PUBLIC WORKSHOP — OASIS Senior Center
April 1, 2006 9:00 a.m. & 1:30 p.m.
IV. 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
C1
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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
Date: March 10, 2006
Re: General Plan Implementation Plan
Attached for your review is the draft Implementation Program for the
General Plan Update. The Program identifies action items and
procedures that will be used to implement the goals and policies included
in the draft General Plan.
As of today we are on schedule to publish the draft General Plan and
Draft Environmental Impact Report on Friday March 17, 2006. Each
GPAC member will be sent a copy of the General Plan. Copies of the
DEIR will be made available to each member upon request. If you would
like a copy of the DEIR please contact me at the phone number or e-mail
address below and indicate whether you'd like a hard copy or CD.
(949)644-3219
gramirez@city.newport-beach.ca.us
Implementation
Programs
The following implementation programs constitute the principal set of actions and
procedures necessary to carry out the goals and policies of the City of Newport Beach
General Plan. They are described according to their general application and use and do not
comprehensively reiterate the policies' specific standards or requirements that must be
addressed in implementation, such as permitted development densities and required
parkland acreage dedication. Consequently, in implementing the programs it is necessary to
review the Plan's policies to assure that they are fully addressed. For the convenience of the
General Plan's users, each implementation program is numbered and teferenced at the close
of each relevant Element policy (Imp --).
The programs described herein ate specifically linked with the General Plan's policies and do
not comprehensively reiterate all programs administered by the City. The programs may
change over time to reflect available funding or as new approaches are used in the future.
To this end, the General Plan Progress Report required to be prepared annually, as described in
Imp 1.3 below, should review the continuing applicability of the programs and update this
• list as necessary. Such modifications would not necessitate a formal amendment of the
General Plan, unless they substantively alter the Plan's goals or policies.
DEVELOPMENT MANAGEMENT SYSTEM
The City of Newport Beach's Development Management System encompasses the policy
and regulatory documents and procedures that guide land use development and resource
conservation in accordance with the goals and policies specified by the General Plan.
1. General Plan
Overview
The City of Newport Beach General Plan was prepared and adopted in
accordance with the procedural and substantive requirements of California
Government Code §65300 et seq. It serves as the statement of official policy for
Newport Beach's long term physical development and addresses all aspects of
development, including land uses, housing, traffic, natural resources, open space,
and public facilities. Each of the elements statutorily required by the Code is
contained in the Plan, including Land Use, Housing, Circulation, Conservation,
Open Space, Public Safety, and Noise. To avoid redundancy, the subjects of the
Conservation and Open Space Element have been merged into the Natural
• Resources Element. Parks and Recreation, under statute a component of the
Open Space Element, has been prepared as a separate element to reflect its
IMPLEMENTATION PROGRAMS
importance. As the State permits a general plan to incorporate other elements
. that pertain to a municipality's unique characteristics or visions, the Newport
Beach General Plan also includes Harbor and Bay, Arts and Cultural, and
Hrstoric Resources Elements. Though optional by statute, once adopted they
hold equal weight under the law as the mandated elements.
Goals and policies of the General Plan are applicable to all lands within the
jurisdiction of the City of Newport Beach. Consistent with State statutes
(§65300), the General Plan also specifies policies for the adopted Sphere of
Influence (SOI), encompassing Banning Ranch, which represent the City's long-
term intentions for conservation and development of the property should it be
annexed to Newport Beach. Until that time, uses and improvements of the
property are subject to the County of Orange General Plan.
Programs
Imp 1.1 Administer the General Plan for Development Entitlement and Capital
Improvement Projects
California statutes require that a city's decisions regarding its physical
development must be consistent with the adopted General Plan. As entitlements
for the development of private properties must by guided by the City's
ordinances and Charter requirements, inherently they must be consistent with the
General Plan. In particular, these requirements pertain to the uses and standards,
• spatial patterns, and timing of development. As a consequence, it is necessary
for Newport Beach to review all subdivision and development applications and
make written findings that they are consistent with all goals and policies of the
General Plan (see Imp 12.1 and Imp 13.1). If the project is found to be
inconsistent, it cannot be approved without revisions of the General Plan and, as
necessary, it's implementing ordinances.
When the City or any external agency responsible for the planning or
implementation of public works witivn the City prepares its annual list of
proposed public works and its five-year Capital Improvement Program (CIP),
these must be submitted to the Planning Commmssion for review for conformity
with the adopted General Plan (Government Code §65401). Additionally, when
the City acquires property for public purposes, such as streets and parks, the
Planning Commission is required to review this action and report on its
consistency with the General Plan (§65402).
Imp 1.2 Update and Revise the General Plan to Reflect Changing Conditions and
Visions
Generally, any of the mandatory elements of the General Plan may be amended a
maximum of four times in one calendar year, in accordance with Code
5653058(b). However, there are a number of exceptions including revisions of
the optional elements and actions to facilitate the development of affordable
• housing. Each amendment may include one or more changes of the General
Plan, including revisions affecting multiple land parcels.
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IMPLEMENTATION PROGRAMS
While there are no specific deadlines for updates and revisions of the General
• Plan, State guidelines urge that it be maintained to reflect current conditions,
issues, and visions. The State Office of Planning and Research (OPR) is required
to notify a city when its general plan has not been revised within eight years. If
the plan has not been revised within ten years, OPR must also notify the
Attorney General, who will notify the City of the legal risks for failure to
maintain a legally adequate plan. An exception is the Housing Element, which is
required to be revised at least every five years (Code 565588) and certified by the
State Department of Housing and Community Development (HCD).
Historically, this timing has been extended on a number of occasions due to
delays in the preparation of the regional housing allocation by the responsible
regional agency, the Southern California Association of Governments (SCAG).
While comprehensive revisions occur infrequently in recognition of the long-
term role of the General Plan, it is important to monitor is relevance and
applicability to contemporary local needs and issues. It is recommended that at
least once every five years the City review the markets for commercial, industrial,
and housing development; identify trends that impact or provide opportunities
for the City; assess the Plan's land use diagram, policies, and standards for their
effectiveness in addressing these; evaluate traffic conditions and their correlation
with land use development; and amend these where desired and necessary.
As the General Plan's implementation programs, particularly the Public
Infiastructure and Services Plans and Public Service Programs, are dependent on
• available funding and evolve over time to reflect current community needs, they
should be reviewed and updated at least once each three years to assure their
continuing relevancy. This is a technical revision that would not necessitate a
formal amendment of the General Plan, provided that they do not alter its
policies, and would best be accomplished as an integral component of the Annual
General Plan Progress Dort (see Imp 1.3).
Revisions and updates of the General Plan should be made in accordance with
the General Plan's Vision Statement, or as modified by future public input.
Fundamentally, this should sustain the City's intentions to be a residential
community, balanced with supporting retail uses, job opportunities, and visitor
and recreational services and amenities. Amendments to accommodate the
City's "fan: -share" of regional housing demand will be considered in context of
these visions and the goals stipulated by this Plan. Increments of additional
growth will be linked to the provision of adequate supporting transportation
systems, infrastructure, and public services.
On November 7, 2000, the Newport Beach electorate approved Measure S,
which added Section 423 to the City Charter requiring voter approval of "major"
amendments of the General Plan. A "major amendment" is defined as one that
significantly increases the maximum amount of traffic that allowed uses could
generate, or significantly increases allowed density or intensity. "Significantly
increases" means over 100 peak out trips (traffic), or over 100 dwelling units
• (density), or over 40,000 square feet of floor area (intensity). These thresholds
shall apply to the total of (a) increases from the amendment itself, plus (b) 80
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IMPLEMENTATION PROGRAMS
percent of the increases affecting the same neighborhood and adopted within the
• preceding 10 years. "Other amendments" do not include those approved by the
voters. "Neighborhood" shall mean a Statistical Area as shown in Appendix A
of the General Plan.
Imp 1.3 Annual General Plan Progress and Housing Element Implementation
Reports
The California Government Code §65400(b)(1) requires all cities and counties to
submit an annual General Plan Progress Report to their "legislative bodies," the State
Office of Planning and Research (OPR), and the State Department of Housing
and Community Development (HCD). The purpose of the report is to provide
information on the status of the General Plan and the progress made in
implementing its programs and goals including the adequacy of transportation,
utility infrastructure, and public services to support entitled projects.
Additionally, the Report must specify the degree to which the approved general
plan complies with the General Plan Guidelines published by the Governors Office
of Planning and Research (OPR) and the date of its last revision.
As requited by State Housing Element Law, the City is also required to monitor
all housing programs and complete a detailed annual Housing- Elensent
Lv:plementation Report that documents the City's progress in fulfilling its share of
the Regional Housing Needs Assessment; the status of the implementation of
• each of the housing programs of the City's Housing Plan; and reviews actions
and programs adopted to remove or mitigate governmental constraints on the
development of housing for all income levels.
At least once each three years, the implementation programs should be reviewed
and updated to assure their relevancy, funding avai]ability and commitment, and
use of state -of -the art practices.
2. Zoning Code
Overview
The City of Newport Beach Zoning Code, Title 20 of the Municipal Code, is one
of the primary means of implementing the General Plan. Unlike the long-term
perspective of the General Plan, the Zoning Code anticipates the immediate uses
of the land. Areas within the SOI are governed by the County of Orange Zoning
Code, until annexation to the City, wherein they would be subject to the City's
Code.
The Zoning Code regulates land use by dividing the City and SOI into districts
or "zones" and specifying the uses that are permitted, conditionally permitted,
and prohibited within each zone. Text and a map define the distribution and
intensity of land uses and written regulations establish procedures for
• considering the approval of projects as well as standards for lot size and
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coverage, setbacks, building height, landscaping, access, off-street parking, and
• other development characteristics relevant to the use and zone.
While state statutes do not require consistency between the General Plan and
Zoning Code for charter cities, as Newport Beach, most court decisions in the
State pertaining to the regulation of land use development in such communities
have set the General Plan as the standard by which development entitlements
that have been legally challenged have been measured. This is based on the
premise that effective implementation of a general plan necessitates mutually
reinforcing actions, such as a consistent zoning code. Practically, Section 423 of
the City Charter reinforces the role of the General Plan as the benchmark of
planning entitlements in Newport Beach.
Actions
Imp 2.1 Amend the Zoning Code for Consistency with Approved General Plan
Adoption of the updated General Plan necessitates a thorough review of the
Zoning Code's regulations for consistency with the General Plans policies
pertaining to land use, density/intensity, design and development, resource
conservation, public safety, and other pertinent topics. In particular, the Zoning
Map and General Plan Land Use Plan's designations and standards need to be
reconciled, incorporating new land use categories and specific density/intensity
limits for each parcel. This shall include review of Code requirements pertaining
• to areas designated as "Specific Plans" (see "Specific Plans" below).
In accordance with State statutes, the Zoning Code shall be amended "within a
reasonable time" of the adoption of the updated General Plan. While a specific
time frame is not specified, it is common practice for communities to revise their
zoning within a 12 to 18 month time period.
In summary, map and text amendments may be necessary to accomplish the
following:
Uses and Density
a. Reflect the new classifications and density/intensity standards specified on
the Land Use Plan diagram and in Land Use Element Table 1. Among these
are a greater range of categories for residential, commercial, and industrial
uses; a new "Residential Village" category that provides for the intermixing
of housing types with local services for large scale planned developments;
new mixed -use categories providing for the integration of housing with retail
and/or office uses; new categories for differentiating "Public Facilities" (e.g.,
civic buildings and schools) and "Private Institutions" (e.g., religious facilities
and schools); and the separation of "park" and "open space" categories. For
the fast time, the General Plan and zoning differentiates commercial districts
according those that serve local residents, regional customers, and coastal
and recreation visitors. Visitor and recreation -based categories are consistent
• with those established for the adopted Local Coastal Plan (LCP).
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b.
Establish land use designations for Banning Ranch, if annexed to the City,
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prioritizing its acquisition for open space and allowing development of a
mixed -use "residential village" if not.
c.
Establish land use designations and development standards for the Airport
Area that perinit development of office, commercial, and industrial uses in
accordance with zones pre-existing the updated General Plan, or the
integration of housing and mixed -use developments in a planned "residential
village" configuration (see "Specific Plans," below). Procedures shall be
established to allow housing development in the Campus Tract outside of
high noise impact areas in exchange for commercial, office, or industrial
development with no net increase in trips generated.
d.
Revise if necessary the descriptions of permitted uses within each land use
designation and revise, if necessary, to facilitate flexibility in accommodating
community -desired uses that may emerge as the retail, housing, and industrial
markets evolve over time.
e.
Define the minimum and maximum areas within mixed -use buildings that
shall be allocated for residential and non-residential uses. These may vary by
location to reflect their unique character such as Balboa Peninsula and the
Airport Area.
f.
Establish requirements for the inclusion of affordable housing within new
•
residential and mixed -use development projects, permitting the payment of
fees in -lieu of the construction of the units. The fee shall be sufficient to
facilitate the feasible construction of affordable units elsewhere in the City.
g.
Confirm requirements for the establishment of day-care, home occupation,
and other facilities within residential neighborhoods, in accordance with State
laws.
h.
Establish standards and/or incentives for the retention of marine- and
recreation -related uses along the Harbor and coastal frontages, including
necessary support facilities.
i.
Confirm land use controls, performance standards, and building design
standards for hazardous materials management facilities or hazardous waste
collection centers.
j.
Allow and establish standards for the construction of new methane
extraction activities.
Development Incentives
k.
Review and, where they do not exist, establish density bonuses and other
incentives such as fee waivers for:
■ Affordable housing, including those in mixed -use projects.
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■ Construction of "green" buildings and sites that qualify for LEED
(Leadership in Energy and Environmental Design) certification.
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■ The consolidation of small lots for redevelopment of properties in West
• Newport (Coast Highway), Old Newport Boulevard, the Campus Tract
of the Airport Area, and other appropriate areas. Conduct an economic
study to determine the scale of bonus needed to stimulate redevelopment
and consider their impacts on traffic limitations.
■ The integration of marine support uses into proposed development
projects in Mariners' Mile and the Balboa Peninsula.
■ Relocation of marine uses to West Newport Mesa.
■ The inclusion of usable open space and recreational amenities that ate
accessible to the public in commercial and office development projects.
Urban Form and Desrtrn
1. Establish standards that carry out policy intentions for the design
characteristics of residential, commercial, industrial, mixed -use, "village," and
waterfront districts. These may define building envelopes (heights and
setbacks), form, and articulation; site development and landscape
characteristics including provision of on -site public plazas and amenities;
access and parking location; and street frontage characteristics. The City may
use Form Based, or "Smart," Codes as models for the organization and
definition of design guidelines and standards. Where appropriate, onsite
amenities, such as access to public pedestrian elements, shall be incorporated
• into the standards.
in. Establish site development and design standards for the horizontal
intermixing of residential and non-residential uses (Fashion Island/Newport
Center, Balboa Peninsula, and Cannery Village), considering access, parking,
common landscape, noise mitigation, and other characteristics.
Development Standards
n. Review and modify, as appropriate, permissible building heights for inland
properties in Mariners' Mile and West Newport Mesa. For Mariners' Mile,
consider modifications only if they do not impede public views from the
upper bluffs. Consider height increases in West Newport Mesa in exchange
for the provision of greater on -site open space and a variable skyline.
Building heights shall also be reviewed for commercial properties abutting
residential neighborhoods and establish vertical setbacks, where necessary, to
assure an adequate transition for views and privacy.
o. Review property dedication requirements for roadway widening and
improvements on Mariners' Mile for consistency with the updated
Circulation Element's street classifications and cross-section standards.
Flexible standards should be allowed that permit the City to require the street
dedication at the time the permits are issued, on construction of the project,
or at a subsequent time. To achieve continuity in the roadway system or
• other mobility objectives, it may be appropriate for the City to consider
imposing fees in lieu of the street dedication.
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p. Confirm property development standards to provide adequate public access
• and view corridors to the Harbor and beach.
q. Periodically review parking standards to assure that they accurately reflect the
needs of uses throughout the City. Standards for large single family housing,
mixed use, and higher density development should be reviewed to assure the
appropriate number of spaces in consideration of occupant characteristics.
Additionally, the parking standards for chatters, yacht sales, visitor -serving,
and other waterfront uses shall be reviewed and revised.
r. Establish standards for the inclusion of on -site recreational amenities within
high density residential and mixed -use projects, in accordance with Plan
policies.
s. Update park dedication and fee requirements, particularly as they pertain to
high density residential and mixed -use development projects.
t. Require development within the Coastal Zone to provide vertical and
horizontal access to Newport Harbor and the beaches in accordance with the
requirements of the adopted Local Coastal Program.
u. Revise regulations pertaining to the renovation and upgrade of existing
commercial buildings in Corona del Mar and other neighborhood -oriented
districts, to allow improvements to their pre-existing density/intensity, while
complying with all other Code requirements.
Environmental Resource Conservation andlmpactMidgation
v. Confirm development standards for properties abutting designated
Environmentally Sensitive Areas (ESA), including coastal and marine
resources, to assure that they adequately protect water quality, habitats, and
natural landforms such as bluffs and coastal dunes. This shall include
restrictions on construction within habitats, building setbacks to minimize
brush clearance, control of exterior lighting, control of property drainage and
runoff, and establishment of buffers with the ESAs. Pertinent requirements
of the Orange County Natural Communities Conservation Plan (NCCP)
shall be addressed by these standards.
w. Confirm standards for the development of bulkheads and other shoreline
protection structures on Harbor and coastal -fronting properties to assure
structural stability, protect shoreline and marine resources, and minimize the
visibility and impacts, while providing adequate public safety (in accordance
with the Local Coastal Plan).
X. Incorporate standards requiring structures encroaching into open coastal
waters, wetlands, and estuaries to be designed and sited to be consistent with
the natural appearance of the surrounding area.
y. Review development standards for properties abutting coastal bluffs, rock
• outcroppings, and other major topographic formations outside of designated
ESAs to assure that their form and visual character are maintained and not
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IMPLEMENTATION PROGRAMS
adversely impacted. This shall include standards for setbacks from and
• grading controls of coastal bluffs.
z. Review standards for development adjoining designated public view
corridors to assure that buildings, landscaping, and fencing are located and
designed to protect views.
aa. Review standards for the control of the types, location, and density/intensity
of development for seismic, tsunami, methane, wildfire, hazardous materials,
and other natural and man-made hazards. This may limit critical uses, such
as hospitals and schools, and/or prescribe mitigation strategies such as
buffers and other techniques.
General Development Regulations
bb. Review standards and protocols for the imposition of traffic mitigation
improvements and programs to assure that they adequately mitigate project
impacts.
Imp 2.2 Confirm Entitlement Procedures to Facilitate Development of Affordable
Housing
Existing procedures for the review and entitlement of projects incorporating
affordable housing should be confirmed and applied to future residential
development applications.
• 3. Specific Plans
Overview
Specific plans are tools for the systematic implementation of the General Plan
and intended to implement and regulate land use and development within a
specific project boundary, subject to the substantive and procedural requirements
of §65450 through §65450 of the State Government Code. In accordance with
the City's Zoning Code, the Planning Commission may, or if so directed by the
City Council shall, prepare specific plans based on the General Plan.
Specific plans are regulatory documents adopted by ordinance and, to date, have
been incorporated into Newport Beach's Planning and Zoning Code. Therefore,
all development standards contained therein are enforceable by law. Where these
differ from the regulations of the base land use district defined by zoning, the
regulations of the specific plan shall apply.
Specific plans that have been adopted by the City of Newport Beach, generally,
are more limited in their scope and application than authorized by the State
Government Code. Principally, they are more specific than underlying zoning
requirements in their definition of permitted land uses and development
standards to reflect the unique characteristics of their planning area. Some
• prescribe programs for visual enhancement and streetscape improvements.
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Adopted specific plans at the time of the approval of the updated General Plan
• include:
■ Newport Shores
■ Mariners' Mile
• Cannery Village/McFadden Square
■ Santa Ana Heights
• Central Balboa
■ Old Newport Boulevard
A "place holder" is included in the Code for the anticipated future preparation of
a specific plan for Corona del Mar.
As a component of the revision of the Newport Beach Zoning Code for
consistency with the General Plan (Imp 2.1, above), development regulations for
designated Specific Plan areas of the City shall be reviewed and amended as
necessary.
Actions
Imp 3.1 Preparation of New Specific Plans
As specific plans are considered by the State OPR to be especially useful for large
• projects and sites with environment constraints, there are several potential
applications in the City of Newport Beach. These may be prepared by either the
City or private sector. However, responsibility for their adoption lies with the
City Council.
a. Should Banning Ranch not be acquired as open space, explicit guidelines for
the integration of development with the preservation of critical habitat,
bluffs, and other natural open spaces are essential. General Plan policies for
the intermixing of a variety of housing types with local retail services, a hotel,
and park in a walkable and sustainable environment can best be
accomplished through detailed development standards and design guidelines
that are not currently embedded in the City's ordinances. A specific plan, as
conceived by state statute, would also encompass detailed infrastructure,
financing, and phasing plans unlike the City's "Planned Community" zone
(see Imp 4.1). These also would be helpful in assuring that the quality of
development and scope of resource protection desired for this property
would be achieved, as an alternative to preservation of open space. A
"traditional" development plan, on the other hand, provides the City with
less regulatory authority over development.
Due to its importance, any specific plan for Banning Ranch's development
should achieve a level of energy and environmental sustainability in excess of
prior development in the City. A useful model may be the draft (as of the
• writing of the General Plan) "LEED for Neighborhood Developments
Rating System," prepared by the United States Green Building Council
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IMPLEMENTATION PROGRAMS
(USGBC), in partnership with the Congress for the New Urbanism (CNU)
and the Natural Resources Defense Council (NRDC). This integrates the
principles of smart growth, urbanism, and green building into the first
national standard for neighborhood design.
b. Specific plans may also be considered for the residential villages proposed for
the Airport Area and the integration of the mix of medical -related, housing,
commercial, and industrial uses in West Newport Mesa. Here, the specific
plans would serve as important tools to guide the development of multiple
properties into a cohesive district. It would establish standards for a suitable
interface among the diverse permitted land uses, a high level of architectural
design and site landscape, and the incorporation of parklands, unifying
streetscapes, and other amenities. Their provision for financing and phasing
would also be useful in achieving the critical mass of housing or mixed -use
development essential for creating a successful residential village in the
Airport Area, as well as the funding of common improvements in both areas.
4. Development Plans/Planned Communities
Overview
The City of Newport Beach provides for a "Planned
Community" (PC) designation for the development of
• large properties, usually under one ownership, with
the objective of producing a well-defined and
cohesive district and integrates one or more housing
product and supporting uses that meets standards of
density, open space, light and air, pedestrian and
vehicular access, and traffic circulation similar to
comparable residential districts in the City, as
well as reflects the unique environmental setting of
the property. These define specific development
standards that are customized to reflect the unique
attributes of the property and its surroundings.
Actions
Imp 4.1 New "Planned Community" Plans
In lieu of the preparation of specific plans, as
discussed above, the City may elect to have "Planned
Community" plans prepared for large scale
development projects permitted by the General Plan.
Principally, these would apply to Banning Ranch,
residential villages in the Airport Area, and West
Newport Mesa. This would expand the traditional use
• of the City's PC designations and process to
encompass non-residential uses and, to achieve
cohesive and quality development, they would need to
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expand their development standards and design
• guidelines. However, if these are prepared for a
single developer or developer team, these Plans
would be limited in their effectiveness in managing
the development of multiple parcels and ownerships.
5. Local Coastal Plan
Overview
Implementation of State of California Coastal Act policies is accomplished prirnanly
through a Local Coastal Program (LCP) that contains a Coastal Land Use Plan
(CLUP) and Implementation Plan (LIP). The CLUP sets forth goals, objectives,
and policies that govern the use of land and water in the coastal zone within the
City of Newport Beach and its sphere of influence, with the exception of Newport
Coast and Banning Ranch. Newport Coast is governed by the previously certified
and currently effective Newport Coast segment of the Orange County Local
Coastal Program. Banning Ranch is a Deferred Certification Area (DCA) due to
unresolved issues related to land use, public access, and the protection of coastal
resources. The LIP consists of the zoning ordinances, zoning district maps, and
other legal instruments necessary to implement the land use plan.
Actions
Imp 5.1 Review and Revise Local Coastal Plan for Consistency with the General Plan
The General Plan's updated goals and policies were written in consideration of the
CLUP approved by the Local Coastal Commission on October 13, 2005. Many of
its policies were directly incorporated in the Land Use, Natural Resources,
Recreation, and Public Safety Elements. However, there are a number of policies in
the updated General Plan that may deviate from those in the approved CLUP and
LIP (in preparation). Among these ate policies for the inclusion of housing and
mixed -use developments in portions of the coastal zone and the revised land use
classification and density/intensity system. It will be necessary to review and
amend the CLUP and LIP for consistency and submit these to the Coastal
Commission for certification.
6. Subdivision Ordinance
Overview
The City of Newport Beach Subdivision Ordinance, Title 19 of the Municipal
Code, regulates and controls the division of land within the City in accordance
with the Subdivision Map Act and Government Code §66411. Land division
within the SOI is governed by the County of Orange Subdivision Code, until
annexation to the City, wherein it would be subject to the City's Code.
The Subdivision Ordinance regulates the design and improvement of
subdivisions, requires dedications of public improvements, establishes
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• development impact fees and mitigation programs, and requires conformity with
the provisions of the City's General Plan. This includes the review and approval
of lot size and configuration, street alignments, street grades and widths, traffic
access, drainage and sanitary facilities, lands dedicated for public uses (e.g.,
schools and parks) and open spaces, and other measures as may be necessary to
insure consistency with or implementation of the General Plan.
Actions
Imp 6.1 Review the Subdivision Ordinance for Consistency with the General Plan
On adoption of the updated General Plan, the Subdivision Ordinance shall be
reviewed and amended where necessary to ensure consistency with its goals and
policies. This may encompass revisions related to the Plan's policies pertaining
to the intermixing of uses; site planning and design; landscape improvements;
roadway and street standards and improvements; storm drainage and pollution
runoff control; conformance to natural topography and landscapes; terrestrial
and marine habitat protection; landform and coastal sand protection; flooding,
fire, geologic, seismic, and other hazard abatement; environmental impact
mitigation, and infrastructure and public service concurrency.
Additionally, the City should examine and modify the Ordinance to reflect state-
of-the-art practices that enhance environmental sustainability. The draft "LEED
for Neighborhood Developments (LEED-ND) Rating System," discussed
above, may represent a good model for these requirements. Techniques may
include the retention and re -use of storm -water runoff on -site, greywater reuse,
building orientation to facilitate use of solar energy and minimize heat gain and
loss, use of drought -tolerant and native species and water -efficient irrigation,
recycled content in construction materials, permeable paving surfaces, and
comparable techniques. These standards would largely be applicable to large
scale development projects, such as the Banning Ranch, but elements such as the
capture of storm water and permeable paving surfaces would also be applicable
for smaller scale rebuilding and new construction.
7. Building and Construction Code
Overview
Building construction in the City is regulated by Title 15 of the Newport Beach
Municipal Code, "Buildings and Construction." This encompasses the 1997
Uniform Administrative Code; Uniform Housing Code; California Building
Code; California Mechanical Code; California Electrical Code; Uniform Code for
Building Conservation; California Plumbing Code; California Swimming Pool,
Spa, and Hot Tub Code; Newport Beach Excavation and Grading Code;
Newport Beach Flood Damage Protection; and the Newport Beach
Construction Site Fencing and Screening. Additionally, Title 15 includes
regulations for Earthquake Hazard Reduction in Existing Buildings, Sign Code,
House Moving, Abatement of Substandard Buildings, Undergrounding of
Utilities, Fair Share Traffic Contribution, Traffic Phasing, Major Thoroughfare
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and Bridge Fee Program, Development Agreements, Flood Damage Protection,
• Methane Gas Mitigation, Wireless Telecommunications Facilities, and Santa
Heights Redevelopment. The City applies the most recently updated codes by
state, federal, and professional organizations.
Actions
Imp 7.1 Review Building and Construction Code for Consistency with General
Plan
General Plan policies largely complement the provisions of the City's Building
and Construction Code (Title 15). The Public Safety Element's policies for the
protection of life, limb, health, property, and public welfare from the risks of
seismic events, fire, noise, hazardous materials, and other hazards are echoed in
the Building Code's standards and regulations. These will continue to be
implemented on the Plan's adoption.
The Building and Construction Code should be reviewed to assure that the full
extent of the design and development policies defined by the General Plan for
residential, conu-nercial, office, industrial, and mixed land uses, as well as those
uniquely applicable to specific sub -areas of the City, are addressed. Existing
requirements for mixed -use structures that integrate housing with non-residential
uses should be reviewed to confirm that the potential impacts from the
intermixing of uses are mitigated. Standards for high-rise multi -family residential
• should also be reviewed for their adequacy in consideration of the policies for
development in the Airport Area.
Additionally, the City should consider revisions of Title 15 to foster the use of
"green -building" techniques that have not been traditionally used in the City.
This may consider such elements as non-traditional construction materials, the
capture and re -use of rainwater on -site (downspouts, cisterns, and detention
facilities), greywater recycling plumbing, solar energy, location of heating,
ventilation, and air conditioning ducts in the exposed "conditioned" space,
orientation of building elevations or incorporation of architectural design
features to maximize heat gain in winter and minimize it in summer, and similar
techniques. It is recommended that the City survey available and feasible
techniques and amend the Building Code where appropriate to achieve the Plan's
policy objectives.
Imp 7.2 Revise City's Fair Share Traffic Contribution Ordinance
The updated Circulation Element will require revisions of the City's Fair Share
Traffic Contribution Ordinance, Chapter 15.38, for consistency, with periodic
updates as necessary for funding consideration changes (including the
implications of regional improvements such as those contained in the Orange
County Master Plan of Arterial Highways an the traffic contribution of adjacent
cities such as Irvine, Huntington Beach, Costa Mesa, and Laguna Beach). This
• ordinance and accompanying resolution determine the total unfunded cost of
completing the City's Circulation Element (i.e., the total cost less anticipated
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revenues from other governmental entities, City revenues targeted for roadway
• construction, and projects required to be funded by private developers in
conjunction with approved development projects) and allocate this cost to future
development based on traffic generation rates. Additionally, the Transportation
Demand Management Ordinance (TDM) should be periodically reviewed and
updated as necessary.
8. Other Codes and Ordinances
Overview
General Plan policies are also implemented through a diversity of other codes
and ordinances of the City of Newport Beach. Relevant sections of the
Municipal Code may include, but are not limited to, the following:
■ Title 6, Health and Sanitation
■ Title 9, Fite Code
■ Title 11, Recreational Activities
■ Title 12, Vehicles and Traffic
■ Title 13, Streets, Sidewalks, and Public Properties
Actions
• Imp 8.1 Review Codes and Ordinances for Consistency with the General Plan and
Update Periodically
On adoption of the General Plan, relevant codes and ordinances of the City shall
be reviewed for their consistency and revisions prepared where necessary. These
shall be updated periodically to reflect state-of-the-art practices and technologies.
Among the issues that should be addressed are the following:
a. Review and modify requirements, where necessary, for uses and
improvements in Newport Harbor. These shall include, but not be limited
to, (1) provision that live -aboard vessels to maintain the integrity, quality, and
safety of Harbor uses and recreational activities and adjoining properties; and
(2) regulation mooring permit applications and transfer of mooring titles.
b. Review and upgrade, as necessary, standards for the design and siting of
structures such as bulkheads and pier to ensure minimal visual impacts to
beach and bulkhead profiles, in consideration of the balance of property
rights and environmental impacts.
c. Review and update the Community Noise Control section of the Planning
and Zoning Code (Chapter 10.26) to reflect the standards and policies
specified by the Noise Element to protect sensitive noise receptors, residents
and businesses in the City from unwanted noise impacts. Actions may
• include the preclusion of the housing development in areas exposed to a 65
dBA CNEL and higher,; the requirement of noise surveys, mitigation
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measures, limitations on usage and duration of uses for certain activities such
• as such as mechanized landscaping equipment, construction activities, track
deliveries, special events and other sources of unwanted sound in the
community.
d. Establish a standard alley width and plan of future alley requirements and
dedications to be required as a condition of each development project
approval or issuance of a building permit. For new development in areas
where alleys exist, require alley access to parking areas.
e. Standards for the configuration of required on -site parking shall be reviewed
to facilitate the more efficient use, including consolidation of parking on
adjoining parcels for shared parking.
Imp 8.2 Prepare New Codes, Ordinances, and Guidelines
The updated General Plan shall be reviewed and evaluated for the need to adopt
new codes and ordinances that implement its policies and standards. Among
those that may be considered for their appropriateness are:
a. A "commercial -residential' interface ordinance that regulates use, activity,
and design of commercial properties located on shallow parcels directly
abutting residential neighborhoods, such as Corona del Mat and West
Newport. These may address the types of use permitted, limit the hours of
• operation, require enclosed trash containers and control their location,
manage employee loitering, establish buffers to assure privacy, and similar
elements.
b. Design guidelines for the renovation or reconstruction of single family
housing in existing neighborhoods to assure that they complement the
character of existing development. These may be applied to specific
neighborhoods or citywide.
c. An ordinance or guidelines for the preservation of historic buildings and/or
properties. This shall be developed in consideration of guidelines published
by the State Historic Preservation Office.
d. An ordinance managing parking in commercial and mixed -use corridors and
districts characterized by deficient parking. This may provide for the
establishment of parking districts in which new parking may be developed in
public or private shared facilities or structures or other facilities, as well as
procedures for the funding of these improvements.
9. City Council Policy Manual
Overview
As the legislative body of the City of Newport Beach, the City Council is charged
• with the responsibility of establishing policies to guide the various municipal
functions of the City and, where necessary, to establish procedures by which
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functions are performed. Many regulatory policies established by the City
• Council are adopted by ordinance and included in the Municipal Code.
However, other policies also are established which by their nature do not require
adoption by ordinance. These policy statements adopted by resolution of the
City Council are consolidated within the Newport Beach City Council Policy
Manual. This Manual contains numerous polices that establish rules and
guidelines for City administration, planning, public works and utilities,
environmental protection, city services, and coastal activities. These policies help
to guide residents and city staff in the direction that Council will take on certain
matters. City Council Policies are set at Council Meetings and are reviewed
annually.
Actions
Imp 9.1 Review City Council Policy Manual for Consistency with the General Plan
On adoption, the City Council Policy Manual shall be reviewed to assure that its
policies are consistent with the updated General Plan. Many of the Manual's
policies provide guidance regarding specific actions that are more broadly
addressed by the elements of the General Plan.
10. Data Base Management and Development Tracking and
Monitoring
• Overview
Among the responsibilities of the City's Management Information Systems (MIS)
Division is the maintenance of a centralized database management development
and support system. This is supplemented by the development and maintenance
of data by individual City departments. This includes the Geographic
Information System (GIS) that combines the visual element features on a map
with the ability to link characteristics about these features in databases. This
relationship provides a means for GIS to locate, display, analyze, and model
information. Some of this database is provided on the City's website and other
informally maintained for analytical use by the City's departments, including
Planning. Examples of available information include the comprehensive data
regarding the City's existing conditions contained in the General Plan Technical
Background Report.
A key element of the City's data base management system is the tracking and
monitoring of development to facilitate compliance with City Charter Section
423. The Charter requires further voter approval for any major amendment to
the Newport Beach General Plan (see Imp 1.2 for a description of the
requirements). A development tracking and monitoring system was instituted to
enable the City to record the number of additional housing units, commercial
and industrial square footage, and other uses since Measure S' date of
• implementation. In project review, this enables the identification of the
intensities of new development that would trigger the submittal of the project for
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voter approval. Development tracking also facilitates the City's planning for
• public works improvements and services to reflect credible quantification of
development that has occurred and projections of future growth and
development.
Actions
Imp 10.1 Maintain Up -to -Date Comprehensive Database
As additional information is developed in the future, it will be added to or
modify the existing database. Data that is likely to change over a comparatively
short time period, such as built land use and traffic should be updated on a
continuing basis, while data that is stable, such as seismic hazard zones, can be
updated on a less fiequent basis. In its annual budgeting process, priority should
be placed on expenditures for the compilation of data that informs the City's
development decisions, public works improvements, services, and programs.
Imp 10.2 Maintain Development Tracking and Monitoring Program
Adoption and voter approval of the updated General Plan will modify the
development capacities and thresholds defined for a number of the Statistical
Areas in the existing tracking and monitoring program (as specified in Appendix
A of the General Plan). Revision of these will be used as the basis for the review
of project applications and determination of the need for voter approval. This
• data base also provides useful information for the transportation and
infrastructure planners and public service providers. Incorporation of the data
base in GIS format on the City's web page would facilitate public access and
review.
DEVELOPMENT ENTITLEMENT AND PERMITTING
Entitlement and permitting of development projects occurs in accordance with the policies,
codes, ordinances, and guidelines described in the preceding section. The process for
submittal of development entitlement and permitting requests is described in the Municipal
Code.
11. Subdivision Applications and Review Process
Overview
Approval of subdivisions in the City of Newport Beach is regulated by Title 19
of the Municipal Code. Procedures, required submittals, and time limits for
Parcel and Tract Maps are specified by its chapters. This includes the submittal
of plan maps, improvement plans and specifications, and site studies (e.g., soils
and environmental resources) that enable review for compliance with applicable
Codes, as well as the General Plan. In addition, the applicable fees, such as
• schools and parks, are assessed as a part of this process.
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Actions
• Imp 11.1 Review Subdivision Applications for Consistency with the Subdivision
Ordinance
Applications for proposed subdivisions in the City must be reviewed for their
consistency Nvith the City's Subdivision Ordinance. This encompasses the filing
of Tentative and Final Subdivision Maps, improvement plans, and payment of
school, park, and other impact fees stipulated by the Ordinance.
12. Development Plan Review
Overview
Approval and entitlement of development in the City of Newport Beach is
regulated by Title 20 of the Municipal Code. This encompasses applications for
ministerial and discretionary approvals, including but not limited to,
amendments, development plans, modifications permits, site plan review, use
permits, variances, and coastal permits. For each action, submittal requirements
and processes are specified by the respective chapter of the Code. Project
approval and entitlement requires findings of consistency with the General Plan
and Municipal Code. Conditions of approval may be imposed to address issues
unique to the site and/or proposed use and development plan.
• Actions
Imp 12.1 Review Development Applications for Consistency with the Zoning Code
As the Zoning Code represents the "laws" of the City of Newport Beach in
regulating the use of private property, it sets the standard by which all
development permits shall be measured. All development applications, whether
ministerial or discretionary, must be reviewed in accordance with its
requirements. The Code prescribes circumstances in which additional
requirements can be imposed a project, often resulting in a Conditional Use
Permit (CUP). Variances from the Code's requirements may be issued only in
rare circumstances, primarily where these are necessary to enable a property
owner to achieve a comparable use and density as adjoining property owners. To
facilitate the development of affordable housing, project review procedures
should be expedited for residential projects that include such units.
Imp 12.2 Review Development Applications for Consistency with the Specific Plans
As sections of the Planning and Zoning Code or if adopted separately by
ordinance, the specific plans define regulations by which development permits
widiln the specific plan area shall be measured. All development applications for
properties located within approved Specific Plan areas, whether ministerial or
discretionary, must be reviewed in accordance with then: requirements.
• Normally, these impose an additional level of restriction or detail that
supplement or supersede those contained for non -Specific Plan land use districts
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in the Zoning Code. Additional requirements can be imposed a project through
Conditional Use Permits (CUP). Variances from the specific plans' requirements
may be issued only in rare circumstances, primarily where these are necessary to
enable a property owner to achieve a comparable use and density as adjoining
property owners.
Imp 12.3 Review Development Applications for Consistency with the Local Coastal
Plan
Applications for development and public works programs proposed for the
coastal zone must be reviewed for their consistency with the CLUP and LIP.
While their permitted and densities/intensities will be consistent with the
General Plan and Planning and Zoning Code, as modified as described above,
there are numerous additional policies and development standards that address
Coastal Act goals and policies and must be accounted for in development
approvals. A Coastal Residential Development Permit may be required fore
development of dwelling units in the Coastal Zone. This permit ensures
compliance with State by maximizing low and moderate income housing
opportunities in the Coastal Zone. The LCP also sets forth special development
review procedures, which may include appeals of local decisions to the Coastal
Commission.
Imp 12.4 Review Development Applications for Consistency with City Council
• Policy Manual
Where appropriate, development applications shall be reviewed for consistency
with the City Council Policy Manual. Normally, these supplement the
requirements of the Zoning Code, Local Coastal Plan, and Specific Plans.
13, California Environmental Quality Act (CEQA)
Overview
Chapter 20.90.050 of the Newport Beach Municipal Code requires that a project
that is not exempt from the California Environmental Quality Act (CEQA) shall
be reviewed and either a Negative Declaration or an Environmental Impact
Report (EIR) shall be prepared. The Ctty's Implementation Procedures for
CEQA are presented in the City Council Policy Manual, Section "K.3" of
Planning. These specify the activities that are subject to, not subject to, and
exempt from CEQA; content and procedures for Initial Studies, Negative
Declarations, and Environmental Impact Reports; processes for consultant
assistance in the preparation of environmental studies and documents; fees for
CEQA processing; and authorities of the Planning Director.
In conformance with CEQA requirements, a "Program" EIR was prepared and
certified for the updated City of Newport Beach General Plan. A companion
• document, the Mitigation Monitoring Program (MMP), defines the process for
the monitoring of the implementation of prescribed mitigation measures and
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evaluation of their effectiveness in reducing impacts. Many of the defined
is
mitigation measures have been incorporated as policies of the General Plan.
The Program EIR is written to the level of specificity of the General Plan's goals,
policies, and programs. It may serve as a reference in the preparation of CEQA-
required environmental documents for subsequent Specific Plans, Precise Plans,
capital improvements, and other actions that are consistent with the General
Plan.
Actions
Imp 13.1 Prepare List of EIR Mitigations to Support Environmental Analyses of
Future Projects
Many of the General Plan's goals and policies reduce potential development
impacts and function as "project mitigation measures" for the General Plan EIR
in accordance with CEQA. Example Plan policies that represent mitigation
actions are requirements for the provision of adequate infrastructure and public
services, remediation of resources adversely impacted by urban activities,
minimization of erosion during and after project construction, and incorporation
of buffers adjoining significant habitats. These, in concert with other mitigation
measures identified by the Plan's EIR not included as policy within the Plan, may
serve as mitigation measures for EIRs prepared for future projects that are
consistent with the General Plan. To facilitate the use of the Plan policies and
EIR mitigation measures as future project mitigation, the City should prepare a
list of applicable actions categorized by resource category and make it available to
project applicants and EIR authors.
Imp 13.2 CEQA Review Development and Entitlement Applications
Applications for entitlement and development in the City of Newport Beach
shall be subject to review in accordance with the City Council Policy Manual
Implementation Measures for CEQA. Environmental analyses shall include
assessment of the projeces consistency with General Plan policies pertaining to
each environmental topic under discussion. As noted above, conformance with
Plan policies can be used as Project Mitigation Measures. To the extent
permitted by state law and court decisions, the General Plan Program EIR can be
used as citywide framework from which project EIRs can be tiered.
14. Fiscal Impact Analysis
Overview
A Fiscal Impact Model has been developed that measures the costs of public
services and revenues to be derived resulting from the City's mix of land uses.
These are assigned to each category of land use, single family residential, multi-
family residential, retail commercial, and office development for example. As of
• the updated General Plan's adoption, the Model was used to document the
balance of cost and revenues for existing uses in the City and those resulting
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from implementation of the updated General Plan. Given the prevailing tax
• structure, hotel and retail commercial uses are the most significant contributors
to the City, with office uses representing a net financial loss. The net benefit of
housing has changed from a loss to a break even or gain as land values and
housing costs have escalated in recent years. As the analyses conclude, however,
the mix of uses is highly inter -related and the fiscal benefits cannot be considered
independently. For example, office uses provide customers that shop at local
retail stores and dine at local restaurants.
Actions
Imp 14.1 Evaluate Fiscal Benefits of Development Proposals and Annexations
Significant development projects and General Plan Amendments shall be
evaluated for their net fiscal impacts on the City of Newport Beach. This will
use the Fiscal Analysis Model developed for the General Plan and identify all
costs for public services and revenues to be derived. The City shall decide the
type, scale, and mix of uses that shall be subject to fiscal review.
15. Development Agreements
Overview
In accordance with Chapter 15.45 of Newport Beach Municipal Code,
• development agreements may be prepared as contractual agreements between
the City of Newport Beach and developers to provide assurances to each party
regarding the uses to be entitled and rules of development. The Code stipulates
that a development agreement specify the duration of the agreement, permitted
uses of the property, density or intensity of use, maximum height and size of
proposed buildings, provisions for reservation or dedication of land for public
purposes, if required. The agreement may include conditions, terms, restrictions,
and requirements for subsequent discretionary actions and may specify the
tuning and phasing of construction.
The uses and development standards specified by a development agreement
must be consistent with the General Plan and/or, where appropriate, Specific
Plan and Local Coastal Program.
Actions
Imp 15.1 Process Development Agreements
For new master planned residential communities and large scale commercial and
mixed -use projects, the City and project developers may elect to enter into a
development agreement. Such a tool may be useful in guiding any development
that may be permitted on Banning Ranch if not acquired as open space. Other
potential applications may include the residential villages within the Airport Area
• and to facilitate the integration of multiple uses in West Newport Mesa,
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• 16. Building Permits
Overview
Building construction and demolition permits are issued by the City Building
Department. Applicants must submit building plans, foundation plans,
elevations, plumbing and electrical plans, special studies, a Water Quality
Management Plan and a Best Management Practices (BMP) as applicable, and
other materials as defined in the Municipal Code.
Actions
Imp 16.1 Review Building Permit Applications for Consistency with the Building
and Construction Code
Applications for new construction, renovation, reconstruction of existing
buildings, and demolition of existing buildings and improvements shall be
reviewed for then adherence with the requirements of Title 15 of the Newport
Beach Municipal Code, `Building and Construction Code".
17. Other Permits
Overview
• Development and building projects may necessitate the issuance of City,
regional, state, and/or federal permits for a diversity of specific purposes.
Examples include City permits for grading, which may involve the notification of
cultural organizations; the National Pollution Discharge Elimination System
(NPDES) that controls runoff and soil percolation to prevent pollution of
surface and ground waters; U.S. Army Corps of Engineers Section 404 Permits
for the filling of wetlands, improvements in Newport Harbor, and diking,
dredging, filling of an estuary; State Department of Fish and Game permits for
any "take" of a listed species; and County Health Department permits for
restaurants. Procedurally, on submitting a development or other entitlement
application with the City, staff will work with the applicant in identifying the
types of permits that must be acquired and their processes.
Actions
Imp 17.1 Process Development and Construction Permits
Development and other entitlement projects shall be required to submit
applications and receive approval for all required permits. The City's final
approvals shall be contingent on the issuance of these permits.
Imp 17.2 Relocation Permit for Closure of Mobile Home Parks
• In accordance with Government Code Section 65863.7, a detailed relocation
impact report shall be prepared by the City as a prerequisite for the closure or
conversion of an existing mobile home park and be filed concurrently with the
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filing for any discretionary permit on such property. The State will determine the
is
acceptability of the mobile home relocation impact report.
GOVERNANCE
The Governance portion of the General Plan Implementation Program describes the
institutional processes through which key policy decisions related to land use development,
capital improvements, and resource conservation will be made and carried out.
18. Administrative Procedures
Overview
It shall be the responsibility of the City of Newport Beach City Council to
administer and implement the General Plan. Specific actions, such as
development review and discretionary approvals, capital facilities planning,
redevelopment, and economic development may be delegated by the City
Council to appointed boards and commissions and City staff as authorized by
the Municipal Code. All decisions made by the boards, commissions, and staff
pertinent to their consistency with the adopted General Plan may be appealed to
the City Council.
Actions
• Imp 18.1 General Plan Administration
•
The City shall administer the General Plan through its codes, ordinances,
policies, public works improvements, capital budgeting, and other programs as
stipulated in this Implementation Program. The City shall prepare and file the
General Plan Pvngress Deport annually to document the status of the General Plan
and the progress made in implementing its programs and goals.
19. Interagency Coordination
Overview
Implementation of the General Plan's goals and policies require the cooperation
and coordination of the City with a diversity of local, state, and federal agencies
and private and semi-ptivate institutions. The following summarizes many of
interagency coordination procedures directly related to the General Plan's
policies that are currently being carried out or anticipated in the short-term.
These will be supplemented by other ongoing programs and new strategies that
will be defined during the life span of the General Plan's implementation.
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Actions
• Imp 19.1 Adjoining Cities
The City of Newport Beach has established "borders committees" to collaborate
with the cities of Irvine, Huntington Beach, and Costa Mesa to address planning,
development, transportation, and other issues that jointly impact the
communities. The Newport Beach/Irvine Borders Committee is charged with
(a) sharing information regarding planning for development in the border areas
shared by the two cities; (b) evaluating the potential impacts of such
development and considering the possibility of joint efforts by the two cities to
mitigate the impacts; and (c) discussing other issues that may affect the border
areas. The Newport Beach/Costa Mesa/Huntington Beach Borders Committee
is charged with (a) sharing information regarding planning for annexation and
development in the border areas; (b) evaluating the potential impacts of such
development and considering possible joint efforts to mitigate these; and (c)
discussing other issues that may affect the border areas.
Additionally, the City shall work with adjoining cities and Orange County to
determine minimally acceptable impact fee levels for application within the
designated transportation Growth Management Area (GMA). The City will also
work with surrounding jurisdictions and agencies to test emergency response
plans. Newport Beach is in GMA district 8, along with Orange County and the
cities of Santa Ana, Costa Mesa, and Irvine.
• Imp 19.2 School Districts
The City of Newport Beach and Newport -Mesa Unified School District and
Santa Ana Unified School District shall collaborate on a number issues
pertaining to land use development, neighborhood character, transportation, and
recreation. Among these are:
■ Coordination in the identification and acquisition of potential school sites
and expansion of existing facilities in consideration of their potential impacts
on adjoining neighborhoods and districts.
■ Monitor traffic conditions at school locations to determine local impacts of
and identify solutions for student drop-off and pick-up activities.
• Inclusion of school impacts as a topic to be evaluated in CEQA-requited
documentation for residential projects and submittal of these for School
District review and comment.
• Establishment of joint -use agreements for public recreational uses of school
properties, assuring security of the school property, safety of users, and
protection of adjoining neighborhoods.
■ Periodically obtain information from the School Districts to identify their
student transit needs and work to identify potential improvements to meet
• these needs.
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Imp 19.3 Orange County
• The City of Newport Beach and Orange County collaborate in numerous
programs affecting land use development, affordable housing, transportation,
infrastructure, human services, recreation, resource conservation and
environmental quality, and harbor and water management. Among the specific
actions to carry out the City's General Plan implementation are the following:
a. Housing and Community Department
• Orange County Housing Authority: Participate in the Authority's
quarterly meetings addressing issues, changes, and administration of the
Orange County Section 8 Rental Housing Assistance Program and other
County housing programs.
■ Orange County Housing Opportunity for Persons with AIDS
(HOPWA): Continue to participate in strategy meetings to provide
recommendations for the allocation of HUD HOPA funds within
Orange County. Should the City wish to partner in the acquisition,
development, or rehabilitation of affordable housing, the City will request
funds at future HOPWA Strategy meetings.
■ Orange County Fair Housing Council: Maintain contract for the
provision of fair housing services and Assist with the periodic update of
the Analysis of Fair Housing document requited by HUD.
• ■ Joint Powers Authority: Continue to participate in the financing and
administration of a lease purchase program for first-time homebuyers.
b. Harbors Beaches, and Parks Department
■ Cooperate in maintaining and expanding, where appropriate, recreational
opportunities along the coast and marine recreation related facilities.
• Coordinate joint -use agreements for the recreational use of appropriate
County properties in the City.
• Support the County's development plans for Orange Coast Regional
Park and coordinate the potential acquisition of Newport Beach's
westernmost parcel, currently developed as a mobile home park, to be
completely or partially re -developed as a staging area for the park.
• By 2009, prepare and jointly fund a study that (1) identifies .the respective
services provided by City and County in Newport Harbor; (2) costs fot
these services; (3) opportunities to realign services with reduced costs; (4)
sources of revenue; and (5) feasible methods to provide these services by
others than public agency personnel.
c. Orange Coup Harbor Patrol Division
■ Coordinate the planning, management, monitoring, and control of
• Newport Harbor events. This should include notification of local
property owners and businesses of planned events, traffic and parking
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control, and restrictions on the event to prevent impacts on adjoining
• neighborhoods.
■ Work with Division and Coastal Commission to identify location(s) that
may be acquired and/or improved to support harbor maintenance
facilities and equipment. Assure that these are compatible with adjoining
land uses.
d. Watershed and Coastal Resources Department
■ Cooperate in programs, including the interface with state and federal
agencies, in the eel grass restoration of Newport Bay.
■ Support and implement unified management of the Upper Newport Bay
State Marine Park, in collaboration of the State Department of Fish and
Game, US Fish and Wildlife Service, US Army Corps of Engineers, non-
profit organizations, and volunteers.
■ Coordinate the acquisition, preservation, and restoration of wetlands and
other habitat on Banning Ranch, as appropriate.
e. Orange County Flood Control District
■ Work with the County Flood Control District to assure that regional
storm drainage and flood control systems adequate protect the City of
• Newport Beach.
f. John Wine Airportand Orange County AirportLand Use Commission
■ Monitor John Wayne Airport activity and improvement plans prepared
by the County to assure that noise, air pollution, traffic, and other
potential impacts on the City are adequately mitigated.
■ Collaborate in identifying opportunities for the development of airport -
supporting uses in the Campus Tract, such as hotels, aviation equipment
and services, car rental, and other related uses.
■ Work with the Airport Authority to assure that residential development
in the Airport Business Park protects the integrity of agreed -upon airport
operations, as well as the housing residents.
■ Maintain mutual aid agreement for fire, aviation, and other emergencies.
■ Support means of satisfying some of Orange County's air transportation
demand at facilities other than John Wayne Airport.
■ Preserve and protect the validity of the John Wayne Airport Amended
Settlement Agreement.
Imp 19.4 Orange County Transportation Authority (OCTA)
• The Orange County Transportation Authority (OCTA) is a multi -modal
transportation agency serving Orange County. It is responsible for countywide
bus and patatransit service, Metrolink commuter rail service, the 91 Express
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Lanes toll facility, freeway, street and road improvement projects, motorist aid
• services and regulation of taxi operations. Through the adopted Measure M, a
voter -approved half -cent sales tax for transportation improvements, OCTA
allocates funding for specific transportation improvement projects in three major
areas —freeways, streets, roads and transit. OCTA also secures funding for
regional and local agencies from state and federal agencies.
■ Work with OCTA to support the implementation of needed regional Master
Plan improvements that will benefit mobility within the City.
■ Solicit funding from OCTA for local transportation, transit, parking,
bikeway, and other related improvements as such revenues are available in
the future.
• The City shall periodically review the adequacy of transit service in Newport
Beach and coordinate with OCTA to provide transit support facilities
including park -and -ride lots, bus stops, shelters, and related facilities.
■ Coordinate with OCTA to establish or modify bus stop locations to provide
adequate access to local residents and to destinations for external uses, as
well as efficient and safe traffic operations.
• Request the OCTA to assess the need for the expansion of fixed -route
service and efficient transportation to future transportation facilities.
• Coordinate with OCTA to provide expanded summertime bus and/or
• shuttle service to reduce visitor traffic.
• Coordinate with OCTA to provide programs to issue monthly bus passes
locally and provide special programs for subsidizing passes for the
disadvantaged.
Imp 19.5 State of California Department of Housing and Community Development
The State of California Department of Housing and Community Development
(HCD) is responsible for the certification of Newport Beach's Housing Element
(see Development Management System above). Each five years, the City shall
update the Element based on input received from the HCD and regional agency
(Southern California Association of Governments) regarding the City's "fair
share" of regional housing demand. The focus of the update will be on the
provision of adequate sites and programs for affordable housing.
Imp 19.6 State of California Coastal Commission
The State of California Coastal Commission is responsible for the
implementation of the California Coastal Act of 1976. As described above
(Development Management System), the City's Local Coastal Progratn's (LCP)
Land Use Plan had been approved on adoption of the updated General Plan and
the Local Implementing Ordinances were in preparation. These shall be required
for consistency with the General Plan and on certification, applications for
• development shall be reviewed in accordance with the LCP.
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• Coordinate the Coastal Commission's review of applications for entitlement
• and development in the Coastal Zone, as specified by the LIP.
• Work with Coastal Commission, and Orange County Harbor Division, to
identify location(s) that support harbor maintenance facilities and equipment.
Imp 19.7 State of California Resources Agency, Department of Fish and Game
The California Resources Agency Department of Fish and Game is responsible
for the maintenance of native fish, wildlife, plant species and natural
communities for their intrinsic and ecological value and their benefits to people.
This includes habitat protection and maintenance in a sufficient amount and
quality to ensure the survival of all species and natural communities. The
department is also responsible for the diversified use of fish and wildlife
including recreational, commercial, scientific and educational uses. The
Department is responsible for the issuance of permits for lake and streambed
alterations, incidental takes of State Listed Species, in accordance with the
California Endangered Species Act, and near-shote fishery activity.
■ The City of Newport Beach shall consult with the DFG in the review of
projects that may impact terrestrial and marine resources and identification
of resource protection and impact mitigation measures.
■ The City of Newport Beach shall support the DFG in any efforts for habitat
• acquisition and restoration on Banning Ranch.
■ Newport Beach shall consult with the DFG and other appropriate agencies
in developing plans for the protection of wetlands and habitats of Listed
Species on Banning Ranch, should the property be annexed to the City and
not preserved in its entirety as open space. This will include the coordination
of required field studies to delineate habitats; the identification of suitable
areas for development and restoration, and mitigation measures that may be
required to offset impacts; and processes for the consolidation of existing oil
operations and remediation.
■ Cooperate with the DFG and other agencies in implementing the eel grass
restoration of Newport Bay.
• Cooperate in the monitoring of ecological conditions in Newport Beach
Marine Refuge and Irvine Coast Marine Life Conservation Areas and
implementation of management programs to protect these habitats.
■ Support and implement unified management of the Upper Newport Bay
State Marine Park, in collaboration with Orange County, non-profit
organizations, and volunteers.
■ Cooperate in maintaining recreational opportunities along the coast and
marine recreation related facilities.
•
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• Imp 19.8 State of California Department of Parks and Recreation
The State of California Department of Parks and Recreation is responsible for
the management of state parks and beaches under its jurisdiction. In Newport
Beach, this includes Corona del Mar State Beach and Crystal Cove. Cooperate in
maintaining and expanding, where appropriate, recreational opportunities along
the coast and marine recreation related facilities.
Imp 19.9 State of California Department of Transportation
The California Department of Transportation (Caltrans) is responsible for the
planning, construction, and maintenance of state highways and freeways. Coast
Highway in Newport Beach is currently a state highway and maintains authority
over its right-of-way and standards for improvements. Additionally, there are a
number of surplus properties in the City remaining from the development of the
Route 73 toll road.
■ Newport Beach should pursue discussion and negotiations with Caltrans for
the relinquishment of Coast Highway through the City of Newport Beach as
a State Highway. This would facilitate control of its right-of-way, standards,
signalization, and traffic management.
■ The City should also coordinate joint -use agreements with Caltrans for the
recreational use of surplus properties.
• Imp 19.10 State of California Public Utilities Commission
The California Public Utilities Commission (PUC) regulates privately owned
telecommunications, electric, natural gas, water, railroad, rail transit, and
passenger transportation companies. Among its responsibilities is the
coordination of funding for the undergrounding of overhead utilities.
Newport Beach shall work with the PUC in obtaining funding and implementing
the undergrounding of remaining overhead utilities.
Imp 19.11 United States Army Corps of Engineers
Among its responsibilities, the United States Army Corps of Engineers is
responsible for the protection of water resources, habitat, and hydrological
processes in the "navigable waters" of the United States. This encompasses
wetlands, in addition to Newport Harbor and Bay.
■ Newport Beach shall support programs of the ACOE, with other agencies, in
the restoration of wetlands and other habitat on Banning Ranch.
• If Banning Ranch is annexed to the City and not preserved in its entirety
Wetlands permitting, Newport Beach shall consult with the ACOE and other
appropriate agencies in delineating wetlands and programs for their
• protection. Any modification of these will be subject to the ACOE's
issuance of a Section 404 permit and implementation of the mitigation of
their loss.
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■ Newport Beach shall cooperate with the ACOE and other agencies in
• implementing the eel grass restoration of Newport Bay.
■ The City shall cooperate in monitoring ecological conditions in Newport
Beach Marine Conservation Area and Irvine Coast Marine Life Refuge and
implementation of management programs to protect these.
■ Collaborate with the ACOE in supporting and implementing management of
the Upper Newport Bay State Marine Park, as well as with other resource
agencies, non-profit organizations, and volunteers.
■ Coordinate with ACOE in the maintenance and delineation of federal
navigational channels for navigation and safety in Newport Harbor and
securing sediment disposal sites for future dredging projects.
Imp 19.12 United States Fish and Wildlife Service
The US Fish and Wildlife Service (USFWS) is responsible for conserving,
protecting, and enhancing fish, wildlife, and plants and habitats that are subject
to federal jurisdictional authority within Newport Beach.
■ Cooperate with the USFWS, in collaboration with other resource agencies, in
the protection of terrestrial and marine resources.
• Collaborate with the USFWS in supporting and implementing management
• of the Upper Newport Bay State Marine Park, as well as with other resource
agencies, non-profit organizations, and volunteers
Imp 19.13 Environmental Protection Agency
The US Environmental Protection Agency (EPA) is responsible for protecting
human health and the environment. Other responsibilities include developing
and enforcing regulations that implement environmental laws enacted by
Congress.
■ Cooperate with the US EPA, in collaboration with other resource agencies,
in the protection of terrestrial and marine resources.
■ Work with the EPA to secure sediment disposal sites for future dredging
projects.
Imp 19.14 United States Postal Service
The United States Postal Service (USPS) maintains a distribution facility in
Mariners' Mile. Newport Beach will work with the USPS for the possible
relocation of postal distribution facility to enable its reuse for parking or retail
activity. The City will assist in the identification of potential alternative sites that
are accessible to residents and do not adversely impact neighborhood character.
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Imp 19.15 Energy Utility and Telecommunication Service Providers (Southern
• California Edison Company, Southern California Gas Company, Others)
Energy and telecommunication services are provided throughout Newport
Beach. This includes facilities on single sites, such as cell towers and electrical
sub -stations, and distribution (linear) systems.
The City shallreview proposals for improvements to assure that their location
and design are compatible with their location. Protocols shall be maintained for
project reviews and City input.
Imp 19.16 Other Agencies.
There are numerous other agencies that have jurisdiction and/or are involved in
the development, capital improvement, and conservation programs of the City of
Newport Beach. The following lists some of these key agencies:
■ Santa Ana Regional Water Quality Control Board
■ Metropolitan Water District
■ South Coast Ait Quality Management District
■ Southern California Association of Governments
■ California State Parks
■ National Marine Fisheries Service
• 20. Annexation
Overview
Lands may be annexed into the City of Newport Beach based on the approval of
the Local Agency Formation Commission (LAFCO) and registered voters within
the area to be annexed.
Among the factors that must be addressed during the approval process are:
■ The City must identify its mtended zoning for the area ("Prezoning"), which
must be consistent with the General Plan.
■ Review of the environmental impacts of annexation in accordance with
CEQA, which may necessitate the preparation of an Environmental Impact
Report (EIR).
■ The costs and adequacy of government services defined.
■ The ability of the City to provide the services to the annexed area and
sufficiency of revenue demonstrated.
■ A program and compensation defined for the transfer of existing facilities
(e.g., parks and libraries) and capital improvements from the County to the
City.
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The General Plan's policies provide that a fiscal impact study must be conducted
• for any proposed annexation that identifies all costs of services, the revenue to
be derived, and the net effect on the City's overall fiscal balance. In practice, this
will be accomplished through the Fiscal Impact Model developed for the
General Plan update.
•
Imp 20.1 Process Annexations
Unincorporated lands within Newport Beach's SOI that may be considered for
annexation are limited to Banning Ranch. Additional properties may be
considered by the City Council in the future. For properties to be annexed to the
City, a pre -annexation development agreement shall be prepared that defines the
infrastructure and services to be provided, their costs, and sources of funding,
including fees and taxation, and responsible agencies. Additionally, the
agreement shall identify agencies responsible for planning entitlements, capital
improvements, and maintenance of public facilities and common open spaces.
PUBLIC INFRASTRUCTURE PLANS
Agencies responsible for the provision of infrastructure and services for Newport Beach's
residents and businesses shall maintain plans and fund improvements to assure that they
adequately meet existing and projected future needs. The Public Improvement Plans shall
specify the type, amount, cost, and phasing of public improvements and facilities that will
support existing land uses and growth accommodated by the updated General Plan.
21. Mobility Infrastructure and Traffic Management
Overview
The City's Department of Public Works is responsible for the planning,
engineering, and improvements of streets throughout the City, except Coast
Highway which is a designated State Highway and streets within gated residential
communities. It is anticipated that the City will assume responsibility for Coast
Highway in the future. Required improvements are reviewed annually,
prioritized, and funded by the City's CIP.
Actions
Imp 21.1 Arterial Streets and Highways Classifications
The functional classification system describes the ultimate cross sections of each
type of roadway in terms of number of lanes. Roadway cross sections also
provide the designated travel -way, shoulder, median, parkway and overall right-
of-way widths by roadway type. The City shall take the necessary actions to
obtain the required right-of-way to provide the designated number of lanes when
adjacent land development occurs.
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Imp 21.2 Monitor Traffic Conditions and Planning for and Funding Improvements
• The City shall continue to monitor, design and manage roadway conditions and
maintain streets using the City's Capital Improvement Projects (CIP) process and
CIP office. Periodically, the City shall conduct traffic counts at key intersections
and roadways (average daily traffic counts and peak hour intersection turning
movement counts). . The City shall stave to maintain Level of Service "D" at
all intersections, with the exceptions noted in the Circulation Element policies,
which may be allowed to operate at LOS "E" conditions due to constraints
associated with improvement to LOS "D" or better conditions.
The City's Capital Improvement Program shall be reviewed and updated
regularly, providing guidelines to meet and maintain the adopted traffic level of
service standards. The CIP shall be consistent with Measure M and State
Congestion Management Program requirements.
Imp 21.3 Construct Street and Highway Improvements
The City shall construct necessary improvements to transportation facilities to
attain acceptable Levels of Service, as defined in the Circulation Element.
Intersection improvements shall be implemented as needed based on the list of
impacted intersections included in the General Plan EIR, and also in accordance
with development project traffic impact studies. Intersections with
improvements necessary for buildout conditions are:
• ■ Newport Boulevard (NS)/Hospital Road (EVE
• Tustin Avenue (NS)/Coast Highway (EVE
■ MacArthur Boulevard (NS)/Campus Drive (EVE
■ Von Karman Avenue (NS)/Campus Drive (EW)
■ Jamboree Road (NS)/Campus Drive (Eq
■ Jamboree Road (NS)/Birch Street (EVE
■ Irvine Avenue (NS)/Mesa Drive (EVE
■ Irvine Avenue (NS)/University Drive (EVE
• MacArthur Boulevard (NS)/Jamboree Road (Eq
■ Jamboree Road (NS)/Bristol Street South (Eq
■ MacArthur. Boulevard (NS)/Ford Road/Bonita Canyon Drive (EVE
■ MacArthur Boulevard (NS)/San Joaquin Hills Road (Eq
■ SR-73 NB Ramps (NS)/Bonita Canyon Drive (Eq
Imp 21.4 Monitor Roadway Conditions and Operational Systems
The City shall monitor and maintain City streets and thoroughfares. The City
shall develop and follow a schedule for periodic review of City streets with
• respect to pavement, signage, signalization, and comparable elements. If
inadequacies are found, the City will perform or contract with a consultant to
perform maintenance of roadway features.
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IMPLEMENTATION PROGRAMS
• Imp 21.5 Maintain Consistency with Regional Jurisdictions
The City shall maintain consistency with regional jurisdictions (Caltrans, Orange
County) to provide adequate facilities (including roadway design standards,
roadway infrastructure plans, and so on). The City shall work with regional
jurisdictions to modify regional plans (such as the Orange County Master Plan of
Arterial Highways) so that they will become consistent with City plans. The City
will also periodically review City standards to ensure they remain up-to-date and
consistent with regional standards as new standards are adopted.
Imp 21.6 Local/Neighborhood Access Roads
Local streets and neighborhood access roads serve the needs of travelers
interacting with the surrounding land use. To reduce vehicular conflicts,
improving operations and safety, local street and driveway access on arterial
streets shall be limited, where appropriate.
The City shall undertake studies of each residential neighborhood on a case by
case basis to identify local circulation patterns and principal access points in
order to assess the opportunities and needs to restrict, divert, or mitigate arterial
traffic intrusion; such studies to include an assessment of the traffic impacts on
the entire neighborhood and the participation of neighborhood residents to
prepare a consensus plan of neighborhood traffic control. In addition, the City
• shall maintain standards that ensure safe and efficient access for emergency
vehicles to residential, commercial, and industrial areas.
Imp 21.7 Traffic Control
Traffic congestion shall be reduced through reasonable methods utilizing
conventional and innovative methods for traffic control. Traffic signal timing
standards, in addition to serving drivers, should adequately provide for
pedestrian crossings. Traffic signal interconnect systems shall be maintained and
upgraded to efficiently coordinate and control traffic flows on arterial streets,
including the installation of separate left turn phasing where necessary and
feasible. The City shall identify and incorporate intelligent transportation
systems as logical to reduce peak hour traffic.
All traffic control and parking signage and devices should be understandable and
readable by the public. Periodic review of said equipment may be necessary to
ensure adequacy. Design standards should be periodically reviewed for then:
clarity. Pavement markings, traffic control signs, and parking meters shall be
kept in good condition through the establishment of a maintenance program for
regular and continuous maintenance.
The special issue of summertime traffic should be monitored and evaluated
periodically. The City should evaluate and implement, if applicable, summertime
• traffic control to reduce the impact of high volume summer traffic.
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IMPLEMENTATION PROGRAMS
• Imp 21.8 'Traffic Management
The City shall undertake a study to determine the travel characteristics and the
appropriate actions and techniques for reducing travel demand within the City.
Travel demand reductions result in a reduction in the number of vehicles on the
roadways and/or increasing the number of persons per vehicle, particularly in the
peak commute times. Upon completion of the study, the City shall prepare a
specific travel demand management (TDM) program and ordinance applicable to
reducing and managing travel within the City. Development of a TDM program
shall be coordinated with SCAG and OCTA to fit within a regional
Transportation Demand Management program that reduces regional travel
through the City.
The City shall provide transportation alternatives for the mobility impaired and
encourage transit use as option to automobile travel. New developments should
be required to provide transit facilities such a park and ride lots, bus shelters and
turnouts where feasible; while employers should be encouraged to reduce single
occupant vehicular trips by offering employee incentives to use alternative
transportation modes. The City shall coordinate with local employers to jointly
identify and provide alternative transportation services, including private -public
cooperation in van -pool, carpool, and transit programs.
Imp 21.9 Provide Public Transportation
• The City should undertake a study of local public transportation to identify the
most efficient and cost-effective manner to provide services, including evaluation
of demand -response service, shuttle services, medical transit services, a
centralized information and marketing for the available services. Based on the
findings, the City shall develop a comprehensive public transportation strategy,
which may be coordinated with the OCTA.
The City shall continue to operate local fixed route and demand -responsive
transit service within the City; and ensure mobility and accessibility for the City's
citizens, especially the elderly and disabled. The City shall also work with the
Orange County Transportation Authority for countywide bus service that will
guarantee regional travel options. The City should encourage the development
of additional public transportation services and facilities such as pule -and -ride
facilities, and look for opportunities to upgrade and enhance existing services.
Imp 21.10 Manage Truck Operations
Develop and implement a program to manage truck activities related to oversize
loads. Maintain a system of truck routes on specified arterial streets to control
trucking and delivery operations within the City. Enforce the City's truck route
system via signage and police enforcement to prohibit non -local through trucks
on non -truck routes, particularly on collector and local streets. Periodically
review the truck route system and make changes as required to ensure that it
• adequately serves the City and protects areas of the City from truck traffic
intrusion. Enforce zoning codes to ensure that adequate off-street loading
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36
IMPLEMENTATION PROGRAMS
• facilities are provided at new developments. Require new developments to
provide adequate roadway cross sections to serve anticipated truck volumes.
Require development traffic impact studies for all industrial, warehouse and
some retail commercial projects to take truck traffic into account with the study
by measuring truck traffic and apply Passenger Car Equivalent (PCE) adjustment
factors. Work with regional agencies as they continue to assess goods movement
in Orange County.
Imp 21.11 Parking Management Programs and Ordinance
Parking Management Programs shall be considered for commercial and
residential areas of the City with inadequate parking, such as Corona del Mar and
the Balboa Peninsula. This may consider the development of public parking lots
or structures, street parking permitting, valet programs, and similar techniques as
feasible. Existing public parking lots should be evaluated for their accessibility,
utilization, and proximity to the uses they support. Possible relocation should be
considered where they do not effectively support surrounding land uses.
Funding for public parking facilities may be derived from the establishment of
parking districts, supported by local businesses and organizations, including
Business Improvement Districts. In -lieu fee programs may be considered to
fund the development of public parking facilities for districts in which it is the
objective to stimulate pedestrian activity.
• The City shall work with commercial, office, and institutional property owners to
encourage the use of parking areas on weekends and holidays in conjunction
with transit services.
Imp 21.12 Maintain Trails
Newport Beach should continue to develop and maintain non -motorized
transportation systems as a viable alternative to vehicular travel and to help
satisfy local recreational needs, and should include trails and facilities that
traverse the citywide area. A system of bike route designations shall be
developed and maintained in cooperation with adjacent jurisdictions, where
appropriate, and bicycle parking facilities, together with a program of bicycle
education on the rights and responsibilities of bicyclists, bicycle safety and anti-
theft measures for bikes.
The City must accommodate safe and convenient facilities for non -motorized
modes of transportation that enhance the future livability and character of the
City through the continued implementation of the City's Circulation Element,
specifically the Trails maps, and provide other opportunities for equestrians and
pedestrians by providing facilities that adhere to national standards. City of
Newport Beach trail construction standards shall be periodically reviewed and
updated as necessary for consistency and user safety.
• The non -motorized transportation systems should connect community centers,
residential neighborhoods, recreational amenities, employment centers, shopping
areas, and activity areas. New development projects shall be required to provide
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IMPLEMENTATION PROGRAMS
trail systems consistent with the Master Plan. New development should also
• provide connections between and through developments; and provide bicycle
racks or storage facilities as well as other support facilities as appropriate.
Smooth transitions and connections between public transit and non -motorized
travel should be available for all users. The City should ensure compliance with
the Americans with Disabilities Act (ADA) standards in order to make the
system user-friendly for all users. The City should evaluate and work with
schools to implement methods for promoting safe travel for non -motorized
users.
The City shall provide and maintain pedestrian facilities, including extra sidewalk
width where feasible and useful. Sidewalks and bike lanes should be included in
the construction of new roads and roadway improvements, where feasible. The
City should also implement facilities shown in the City's Circulation Element
Trails map and consider the needs of pedestrians when infrastructure such as
streets and bridges are being upgraded; and should investigate the use of
easements and rights -of -way that can be employed as non -motorized bikeways
and trails.
The City should also ensure the safety of the non -motorized transportation user
by minimizing conflicts between motorized and non -motorized traffic, and by
coordinating the system with neighboring jurisdictions. The City shall consider
the widening of sidewalks into the curb lanes at selected crosswalk locations in
• order to minimize pedestrian crossing distance and enhance pedestrian
accessibility. At locations where pedestrian crosswalks are needed, crosswalks
shall be considered and installed. Additional measures to reduce conflict points
shall be considered and implemented, including potential overhead crossings.
Periodic review and updates to the Trails map and consideration of pedestrian
and equestrian needs will ensure the viability of non -motorized transportation
options in the City.
Imp 21.13 Marine Transportation
The City shall conduct a study to evaluate the feasibility of the expansion of
marine transportation services as an alternative to automobile use. The marine
terminals throughout the coastal areas of the City shall be evaluated and
modified as necessary and feasible to coordinate with the surrounding
transportation system.
22. Water
Overview
Water service in the City of Newport Beach is provided by the City, Irvine Ranch
Water District, and Mesa Consolidated Water District. The City serves much of
the urbanized areas of the City, with Irvine Ranch providing service to Newport
• Coast/Newport Ridge, a portion of the Airport Area, the Upper Bay, and a
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IMPLEMENTATION PROGRAMS
number of other small pockets. Mesa provides service to a portion of Newport
• Mesa and a small area north of Banning Ranch. Each agency maintains master
plans for services, facilities, maintenance, and improvements necessary to
support existing and projected population growth and development. These
include the City's Urban Water Management Plan, Irvine's Water Resources
Management Plan, and Mesa's Water Master Plan. Conservation practices and
requirements to meet regional, state, and federal water quality regulations are
included within the respective plans. Each agency maintains a capital
improvements program for the provision of water system improvements, special
projects, and ongoing maintenance. Water demands are monitored and
periodically the plans are updated to account for any service issues and regulatory
changes.
Actions
Imp 22.1 Maintain and Implement Water Master Plans
On adoption of the updated General Plan, the City shall review its water master
plan to assure that adequate distribution and storage facilities ate provided to
support permitted land use development. Information regarding the General
Plan's development capacities shall be forwarded to the Irvine Ranch Water
District, and Mesa Consolidated Water District as the basis for their planning for
services and improvements. These master plans should review the adequacy of
facilities in areas in which new growth or substantive changes in use are targeted
• should be reviewed including the Airport Area, West Newport Mesa, portions of
Balboa Peninsula, Mariners' Mile, and Newport Center/Fashion Island.
Required facility improvements shall be defined and budgeted by each agency,
including the City's five year and annual Capital Improvement Programs.
•
Periodically, actual water use and demands within each service area shall be
monitored and the adequacy of facilities evaluated. These analyses will serve as
the basis for amendments of the master plans, in concert with other
improvements required for compliance with state and regional water quality
programs.
Strategies to promote the conservation of water should be periodically reviewed
for their effectiveness and updated in the plans to reflect best management
practices. These may include the use of recycled water, incentives for on -site
capture and retention of rainwater in private development, and comparable
techniques. In addition, the water agencies should consider the potential use of
alternative water sources for the water supply by implementation of advanced
water treatment processes, when feasible.
Imp 22.2 Water Pricing
The City shall evaluate the appropriateness of implementing tiered water rates
that may be based on rates of consumption.
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IMPLEMENTATION PROGRAMS
23. Sewer
• Overview
Sanitation service and sewerage in the City of Newport Beach are provided by
the City, Irvine Ranch Water District, and Costa Mesa Sanitation District. The
City serves much of the urbanized areas of the City, with Irvine Ranch providing
service to Newport Coast/ Newport Ridge, Bonita Canyon, the Upper Bay, and
a number of other small pockets. Costa Mesa provides service to a number of
pockets located on the City's western boundary. Each agency maintains master
plans for services, collection and treatment facilities, maintenance, and
improvements necessary to support existing and projected population growth
and development. These include the City's Master Plan of Sewers and Urban
Water Management Plan, Irvine's Water Resources Management Plan, and Costa
Mesa's Sewer System Management Plan.
Actions
Imp 23.1 Maintain and Implement Sanitation Master Plan
On adoption of the updated General Plan, the City shall review its sanitation and
sewerage plan to assure that adequate collection and treatment facilities are
provided to support permitted land use development. Information regarding the
General Plan's development capacities shall be forwarded to the Irvine Ranch
• Water District and Costa Mesa Sanitation District as the basis for their planning
for services and improvements. These master plans should review the adequacy
of facilities in areas in which new growth or substantive changes in use are
targeted should be reviewed including the Airport Area, West Newport Mesa,
portions of Balboa Peninsula, Mariners' Mile, and Newport Centex/Fashion
Island. Required facility improvements shall be defined and budgeted by the
respective agencies, including the City's five year and annual Capital
Improvement Programs. This will include renovation of all older sewer pump
stations and installation of new plumbing in conformance with current standards.
Periodically, actual rates of sewage generated and treatment capacities within
each service area shall be monitored and the adequacy of facilities evaluated.
These analyses will serve as the basis for amendments of the Sewerage Master
Plan, in concert with other improvements required for compliance with state and
regional water quality standards for the operation and maintenance of the sewage
system.
24. Storm Drainage
Overview
Storm drainage systems in the City of Newport Beach are maintained by the City
and Orange County. Several areas are completely served by County facilities,
• including Newport Coast, some are completely served by the City, such as
Balboa Peninsula and West Newport, and others are served by a mix of facilities.
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IMPLEMENTATION PROGRAMS
In general, the County is responsible for maintaining the regional flood control
• system, while the City is responsible for local improvements, excepting Newport
Coast. Drainage improvements are coordinated between the City's Public Works
Department and County's Public Resources and Facilities Department. Each
maintains master and capital improvement plans for storm drainage
improvements, special projects, and ongoing maintenance. These must also
conform to regional, state, and federal regulatory requirements, including
controls of the discharge from municipal storm sewer systems.
Actions
Imp 24.1 Maintain Storm Drainage Facilities
On adoption of the updated General Plan, the City and County shall review the
Storm Drain Master Plan to assure that adequate facilities are provided to serve
development that may occur on Banning Ranch, if not acquired as open space.
Necessary facility improvements would be the responsibility of the property's
developer.
Periodically, the City shall inspect and clean storm drains in low lying areas to
prevent flooding.
25. Solid Waste
• Overview
Residential and commercial solid wastes in the City of Newport Beach are
collected and transferred to disposal and recycling facilities by the Refuse
Division of the City General Services Department and a number of licensed and
franchised commercial haulers. Periodically, the franchises and fees are reviewed
and renegotiated. The City's Source Reduction and Recycling Element defines
standards and procedures for the reduction of generated waste and recycling of
materials. Orange County's Integrated Waste Management Department is
responsible for the planning of landfills that serve Newport Beach.
C] J
Actions
Imp 25.1 Maintain and Implement Solid Waste Collection and Disposal Systems
On adoption of the updated General Plan, the City and County shall review the
adequacy of landfills, transfer facilities, diversion and recycling facilities, and
other waste collection and disposal elements to serve permitted land use
development. Requited facility improvements to meet ongoing and any
additional needs shall be defined and budgeted in the five year and annual CIPs.
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IMPLEMENTATION PROGRAMS
• 26. Energy
Overview
Natural gas service is provided to the City by the Southern California Gas
Company and electricity by the Southern California Edison Company.
Actions
Imp 26.1 Maintain Energy Services and Facilities
On adoption of the updated General Plan, the City shall review its growth and
development forecasts with the Southern California Gas Company and Southern
California Edison Company to facilitate their planning for system improvements,
maintenance, and establishment of fees. Facility improvements, such as
transmission towers, will be reviewed and permitted by the City in accordance
with state and federal regulations.
27. Telecommunications
Overview
Telephone service in Newport Beach is provided by SBC and Cox Cable, with
SBC serving the majority of the City. At the time of the preparation of the
• updated General Plan, Cox Cable and Adelphia were providing cable television
service. These franchises are periodically reviewed for their level of service and
fees for Newport Beach residents and can be renegotiated or terminated for new
service providers. Changes in Adelpbia's ownership may necessitate
consideration of the appropriate provider. Internet and cellular phone services
ate provided by a diversity of commercial companies.
Actions
Imp 27.1 Maintain Telecommunications Services and Facilities
On adoption of the updated General Plan, the City shall review its growth and
development forecasts with the telecommunication service providers to assure
their availability throughout the City. Facility improvements, such as
transmission towers, will be reviewed and permitted by the City in accordance
with state and federal regulations.
28. Public Streetscape Improvement Plans
Overview
The City has completed streetscape improvements for Balboa Village and
Corona del Mar, including street trees and plantings, medians, decorative paving
materials, lighting, and benches. The adopted Old Newport Boulevard and
• McFadden Square/Cannery Village Specific Plans and concept plans for
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IMPLEMENTATION PROGRAMS
• Mariners' Mile also provide for the implementation of streetscape improvements,
which have not been constructed as of the adoption of the General Plan.
Actions
Imp 28.1 Fund and Construct Streetscape Improvements
Planned public streetscape improvements for Old Newport Boulevard and
McFadden Square/Cannery Village should be funded and constructed. For
other areas intended to achieve an active pedestrian environment or improve its
image and quality, design plans and financing plans should be prepared for the
appropriate streetscape improvements. These may include the Airport area's
residential villages, Mariners' Mile, West Newport Mesa, and West Newport
(highway), as well as a comprehensive plan for Balboa Peninsula that links its
districts along Newport/Balboa Boulevard from Lido Village to Balboa Village.
Where the public stteetscapes are integral to new residential and mixed -use
neighborhoods, their implementation shall be the responsibility of private
developers, in conformance with legislative nexus requirements. For other areas,
funding may be derived from fees imposed by a local business improvement
district, public bonds, CDBG grants, and other sources.
Imp 28.2 Design, Fund, and Construct Waterfront Promenade
The planned waterfront promenade on Newport Harbor should be designed,
• sources of funding identified, and constructed as feasible. Where private
properties are redeveloped, promenade improvements shall be integrated with
the new construction and the responsibility of the developer.
Imp 28.3 Fund and Construct Public View Sites
The City shall develop a plan for the development of public view sites for the
locations specified by Policy NR 19.3. The location, types, and of improvements
and a financing plan shall be specified, which may include such elements as
observation decks or plazas, benches, markets and signage, telescopes, lighting,
and landscape.
29. Harbor Resources Planning and Management
Overview
The City's Harbor Resources Division is responsible for tidelands administration
including management of pier permits, harbor dredging, pumpout stations,
Balboa and Corona Del Mar parking lots, Marine Life Refuge, Balboa Yacht
Basin, harbor debris pickup, and mooring liveaboards.
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IMPLEMENTATION PROGRAMS
Actions
Imp 29.1 Harbor and Tidelands Improvement Plans
On adoption of the General Plan, the Harbor Resources Division shall review its
goals and policies to assure that the plans, proposed improvements, and
operations for the Harbor and tidelands are consistent.
The formulation of a harbor area management plan should be considered that
provides a comprehensive approach to the management of Newport Bay's
resources, including restoration of marine habitats such as kelp beds and
fisheries, and boat anchorages, marinas, and other development activities.
Improvements in the Harbor shall be located and designed to facilitate boating
and other coastal recreational activities, while protecting important marine
habitats, prevent water pollution, maintain the Harbor's hydrologic functions,
protect coastal landforms and dunes, minimize sand transport, and are
compatible with adjoining residential neighborhoods. This will require
coordination with the Orange County Harbors, Beaches, and Parks Department
and Harbor Patrol Division and U.S. Army Corps of Engineers relative to their
respective jurisdictions.
Among the improvements that shall be considered is the identification of an area
that can support Harbor maintenance facilities and equipment. This shall be
coordinated with the Orange County Harbor Patrol Division, California Coastal
Commission, and other jurisdictional agencies. In addition, the Division shall
review procedures for the transfer of mooring titles to assure their equitable use.
PUBLIC SERVICE FACILITY PLANS
Agencies responsible for the provision of public services for Newport Beach's residents and
businesses shall maintain plans and fund improvements to assure that they adequately meet
existing and projected future needs. The Public Facilities Plans shall specify the type,
amount, cost, and phasing of public improvements and facilities that will support existing
land uses and growth accommodated by the updated General Plan.
30. Police
Overview
The Newport Beach Police Department provides public safety services to the
City's residents, business, and visitors. Until such time that SOI may be annexed,
police service will be provided by the Orange County Sheriffs Department.
Actions
Imp 30.1 Maintain and Enhance Police Facilities
The City of Newport Beach Police Department shall maintain, periodically
update, and implement its plans for facilities, equipment, and personnel to
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IMPLEMENTATION PROGRAMS
provide service to the community. On annexation of the SOI, police service
• responsibilities would be transferred to the City. The Police Department shall
monitor its operations, emergency responses, and rates of crime and periodically
review the need to expand existing and/or construct new facilities to assure an
acceptable level of service. Physical improvements shall be incorporated in the
City's CIP.
31. Fire Protection
Overview
The Newport Beach Fire Department provides public safety services to the
City's residents, business, and visitors. Until such time that SOI may be annexed,
fie service will be provided by the Orange County Fite Authority.
Actions
Imp 31.1 Maintain and Enhance Fire Protection Facilities
The City of Newport Beach Fire Department shall maintain, periodically update,
and implement its plans for facilities, equipment, and personnel to provide
service to the community. On annexation of the SOI, fire service responsibilities
would be transferred to the City. The Fite Department shall monitor its
operations, emergency responses, and rates of crime and periodically review the
need to expand existing and/or construct new fire stations and other facilities to
assure an acceptable level of service and emergency response tunes. Physical
improvements shall be incorporated in the City's CIP .
32. Parks and Recreation
Overview
The Newport Beach Recreation and Senior Services Department is responsible
for the development and operation of public parks in the City of Newport
Beach. These encompass parks, gteenbelts, beaches, and public docks, as well as
joint use of public school grounds. In addition, the county and state own and
operate four recreational facilities in the City. The City collects fees and/or
requires dedication of land for parks in accordance with the Quimby Act, based
on standard of five acres of park for each 1,000 residents. The City oversees the
development of new and improvement of existing parklands and facilities. The
Recreation Element of the General Plan identifies specific needs for service areas
throughout the City. Banning Ranch is the single largest property available for
the development of a new park, should it be annexed to the City. In most other
cases, new parklands will occur within the fabric of existing development.
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IMPLEMENTATION PROGRAMS
Actions
• Imp 32.1 Maintain and Update Parks and Recreation Facility Plans
•
The City's Recreation and Senior Services Department shall maintain, periodically
update, and implement its plans for the development, operation, programming,
and maintenance of its system of parks throughout the City. Resident
recreational needs should be monitored on a continuing basis to correlate these
with park facilities and recreational programs.
At a minimum of once each five years, the City shall comprehensively review the
status of its park system and assess the need for improvements, including new or
renovated facilities. These shall be prioritized and a funding program defined for
their implementation. Park users and the community shall be involved in
identifying and ptioritizi g the improvements. Opportunities to integrate
recreational facilities in new public structures, such as an expanded civic center,
shall be considered.
Improvement plans for new and renovated parks shall locate and design
playfields, public activity areas, structures, parking, and other facilities to prevent
impacts on adjoining residential neighborhoods, protect the site's natural
resources, and assure accessibility for all potential users including the disabled.
Where significant landforms or vegetation exist on site, these shall be
incorporated into the park's design.
The adequacy and distribution of facilities supporting coastal recreation and
beach users shall be reviewed periodically. Facilities may be relocated or
removed and new facilities added over time in response to demographic and
recreational needs changes.
Imp 32.2 Maintain and Improve Parks and Recreation Facilities
At a minimum, through the CIP and development approval process, the City
shall oversee the following park improvements. Park improvements shall be
designed in consideration of their adjoining land uses, particularly to prevent
impacts on residential neighborhoods due to lighting, noise, site access, and
parking. Facilities shall be designed and properties landscaped to complement
the quality of the neighborhood in which they are located.
a. Development
• Newport Center Park as a passive park
• An active park in the Newport Coast Service Area
• A pocket park in Santa Ana Heights and possible acquisition of excess
Caltrans tight -of -way at Mac Arthur Boulevard and SR 73 as a park
■ A park m Banning Ranch should the property be annexed to the City
• The Marina Park site for marine and/or recreational facilities
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IMPLEMENTATION PROGRAMS
b. Recreation Facilities
• ■ Completion of the Santa Ana Heights and Newport Coast Community
Centers
■ Renovation of the Oasis Senior Center
■ Renovation of existing recreational facilities
Imp 32.3 Requirements for Residential Developers
As new residential developments are approved, requirements for parldand
dedication, improvements, or the provision of in -lieu fees in accordance with the
park dedication (Quimby) ordinance shall continue to be implemented. In
entitling new commercial and industrial uses, the City should assess their impacts
on recreation needs and, where there is a nexus, work with the developers to
provide on -site recreational facilities or contribute in -lieu fees for their provision
elsewhere. Fees should be regularly reviewed and updated to assure their
adequacy.
PUBLIC SERVICES AND PROGRAMS
Services to support the needs of the City of Newport Beach's residents, businesses, and
visitors are provided by a diversity of City departments, other public agencies, and private
organizations. The following summarizes the principal programs that implement the
• General Plan's policies. These do not necessarily encompass all of the programs that are
administered by each department or agency, which may include other activities that ate or
are not related to the Plan's policies. Inherently, the scope of these programs will change
often during the General Plan's implementation due to evolving needs and available funding
sources. The list of programs in this section should be reviewed and updated at least once
each three years to assure their continuing relevance. This can be accomplished concurrently
with the preparation of the state -required Annual General Plan Progress Report (see Imp
1.4).
33. Economic Development
Overview
The City of Newport Beach administers programs to promote economic activity
within the City to maintain a healthy economy, provide revenue for high quality
municipal services and infrastructure maintenance and improvements, and
preserve the City's unique commercial villages. The City Council's policy states
that these will serve the overriding purpose of protecting the quality of life of
Newport Beach's residents, in recognition of the balance of economic
development objectives with the protection of the environment and health and
safety of the community.
Priority improvement areas include Mariners' Mile, Corona del Mat, Balboa
• Village, West Coast Highway, Lido Village, Cannery Village, and McFadden
Square. To achieve these, Council policy places a priority on cooperative
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IMPLEMENTATION PROGRAMS
relationships with the Chambers of Commerce, Conference and Visitors Bureau,
• Building Industry Association, Business Improvement Districts, other business
groups, and individual business and property owners.
Actions
The economic development implementation actions below summarize the
principal components of the Economic Strategic Plan prepared as a companion
piece to the General Plan. The reader should refer to that document for more
information.
Imp 33.1 Commercial Revitalization
Initial Priority. Enhancement and revitalization of Balboa Village and other
Balboa Peninsula commercial districts, as well as the Marine Avenue, Corona del
Mar, Mariner's Mile, Old Newport Boulevard and West Newport commercial
districts.
Steps. Commercial revitalization requires a comprehensive approach that
addresses both physical and economic improvements, as well as providing the
organizational capacity to see the process through and to undertake ongoing
marketing and promotion activities. Newport Beach has established four
Business Improvement Districts (BIDs) that provide the organizational capacity,
along with City staff, to promote the commercial areas and to coordinate and
• help fund physical improvements. These include BIDS for Corona del Mat,
Balboa Village, Marine Avenue and a citywide BID for restaurants.
Two areas of priority for the City's economic development program relate to the
business mix in the commercial areas and the need for parking facilities.
Regarding the fast item, the General Plan promotes the economic transition to
higher performing business uses in the neighborhood commercial districts, but
the implementation of these policies will require close coordination among a
variety of interested patties in addition to City staff, including property owners,
businesses tenants, and other business development resource entities. One tool
to help in this effort provided by the General Plan is a new mixed -use land use
designation. Mixed -use development can help enhance shopper traffic by
providing for a variety of activities in commercial districts.
In terms of improving parking opportunities in the commercial districts, the City
will need to look to coordinating shared parking opportunities, local assessment
funding for new facilities, and possibly changes in parking requirements for
certain uses, such as Bed & Breakfast establishments, to encourage new business
development.
Steps to implementing each of these initiatives are outlined below.
Imp 33.2 Improving the Business Mix
• The following are steps to be undertaken by City staff, with the possible
assistance of BID members as appropriate.
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IMPLEMENTATION PROGRAMS
1. Interview property owners to ascertain their plans and goals for the
• commercial properties.
2. Interview business tenants to discuss their customer base and market
opportunities.
3. Provide market data to property owners, existing businesses and prospective
business tenants to help focus efforts to better serve market opportunities.
Focus on business opportunities in underserved market segments identified
in the GP commercial study.
4. Identify any additional public and private investments that could help
catalyze the transition of commercial properties and business uses to a more
productive level of operation.
5. Develop and implement policies and incentives to support mixed -use
development.
Imp 33.3 Diverse Business Mix
InidalPrlotity. Implementation of new General Plan policies for West Newport
Mesa area.
Steps. Work with property owners to develop a master plan for properties that
are related to and support Hoag Hospital to establish a cohesive integration of
medical, medical -supporting, commercial, residential and industrial uses. In the
• areas that remain industrial, use implementing ordinances for the master plan to
limit the conversion of lower cost industrial properties to higher value uses.
Promote business assistance services in this area to enhance the business
incubator function of the west Newport Mesa Area.
Provide incentives for the relocation of marine -based Newport Beach businesses
to properties in this area retained for industrial use. The City does not have a
wide range of resources or tools to use in this task; however, a number of the
marine -oriented businesses directly serve the consumer market and therefore
generate sales taxes. In these cases, the City may wish to consider use of limited
sales tax sharing agreements or fee waivers to encourage marine businesses to
remain in Newport Beach rather than relocate to other cities.
Additional Priorities. Under the overall strategic initiative of diversifying the
business mix, in addition to the focus on the West Newport Mesa area, the City
should implement a broader zoning code reform to increase the definition of
non-residential uses. The City currently only has three broad non-residential land
use designations, which does not always meet the needs of specific kinds of
businesses. The General Plan Update adds new designations to provide multiple
types of commercial, office, industrial, matine-related, visitor -serving and mixed -
use development. From an economic development standpoint, the City may wish
to prioritize its largest development opportunities, such as those in the Airport
• Area, and secondly, focus on its most versatile designations, such as the new
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IMPLEMENTATION PROGRAMS
mixed -use codes, to maximize the market -attractiveness of the City's
• development options in the near future.
As an additional consideration in future Zoning Code updates, the City may wish
to create flexibility in its zoning code by inserting screening criteria to allow
projects representing innovative market or development opportunities to
proceed with fewer restrictions. Emerging businesses that provide innovative
products or services are often very cost sensitive in their initial development
phases, and such flexibility could help create a cost advantage for Newport
Beach to support a more diversified business mix.
Imp 33.4 Entrepreneurship/Business Retention and Expansion
Initial Priority. Establish a business assistance clearinghouse program to help
facilitate new business ventures and business expansions in Newport Beach. This
may be accomplished either with City staff or through contract with an outside
agency.
Steps. The City shall, with the assistance of the Chamber of Commerce, expand
and maintain the directory of business services and resources available to
businesses in the City. Such resources should include sources of capital and
financing, financial management and marketing assistance, business plan services,
workforce training agencies, human resource services, website optimization and
other internet services, computer and software services, legal services, among
• others.
City staff shall identify and meet with venture capital firms and other business
financing resources in the City and surrounding region to develop a profile of
current trends in business development.
The City shall devote staff and financial resources to add business and economic
information layers to the City's GIS system and establish procedures for sharing
information with the business community to assist in tailored market research on
local business opportunities.
Imp 33.5 Leading Economic Indicators
Initial Priority. Establish a set of leading indicators that can be regularly
updated and maintained, either by City staff or through contract with an outside
agency. Provide regular reports to the City Council and other economic interests
in the community. The key attribute of this program is tracking trends in the data
to discern changes in economic conditions, which may affect business closures
or expansions as well as City revenues.
Steps. Indicators should include:
■ Commercial vacancy rates (as well as lists of vacant properties) by type of
space and location (retail, office, industrial, etc,)
• ■ Retail sales by business type and commercial district
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IMPLEMENTATION PROGRAMS
■ Growth in assessed value by component: new development, resales, annual
• 2% reassessments
■ Business establishment and employment trends by business type
■ Average annual wage by industry
Imp 33.6 Larger -Scale Economic Development Opportunities
Initial Priority. As noted above, the General Plan includes significant land use
changes in the Airport Area, the implementation of which should be a priority
due to the high potential for new business development. The Campus Tract in
particular is an area that could benefit from proactive business attraction efforts
to create a higher performing business center.
Steps. From an economic development standpoint, a key first step is to define
the size of development that is appropriate and that the City is willing to support
at the available locations in this area. Fox example, the commercial market study
prepared for the General Plan Update identified market support for various "big
box" retail uses such as a home center and a general merchandise discount
center. Subsequently, these uses have not generally received support as high
priorities for City attention in the General Plan process, but if they are to occur
anywhere in the City, the Airport area, and perhaps the Campus Tract, provides
the most appropriate locations. However, a significant effort at site assembly
would likely be needed to make these kinds of retail establishments possible.
• Secondly, through the Visioning Process, City residents generally supported the
idea of larger scale hotel projects in the Airport Area. This kind of project would
have different site requirements and different environmental impact
characteristics, such as traffic generation, than would a big box retail center. In
addition, the Land Use Element calls for the planning of residential projects in
this area, compatible with business park uses and also discusses the need to
address auto -related services associated with John Wayne Airport. To be
effective given the wide-ranging potential of the Airport Area and the Campus
Tract in particular, the City's economic development efforts need to dovetail
with land use planning and design efforts to define the scope of the development
projects in this area.
Imp 33.7 Visitor -serving Business Sector
Initial Priority.• There is substantial policy support in the General Plan for the
continued encouragement and reasonable expansion of the visitor -serving sector
in Newport Beach. Given the lack of sites for major developments, the General
Plan focuses on encouraging smaller scale lodging developments. In order to
implement this strategy, it is recommended that the City create incentives,
particularly through the availability of parking, to encourage small-scale lodging
and bed and breakfast facilities to locate in the commercial districts on the
Balboa Peninsula. This is the area in the City that would be most conducive to
• creating the ambiance necessary to make the smaller lodging facilities attractive
to visitors.
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IMPLEMENTATION PROGRAMS
Steps. In order to properly focus the use of development incentives for small-
scale lodging facilities, the City needs to begin by commissioning a study of the
market feasibility and economics of such projects. Through the General Plan
Update process, anecdotal information has been collected about the difficulty of
providing parking for Bed & Breakfast projects, and the difficulty of developing
other small scale lodging in the face of very high land costs in Newport Beach. In
addition, the suggestion has been raised that vacation rentals actually provide a
more efficient and feasible model for lodging expansion in the City. A market
study can address the economic characteristics of a variety of facility types in the
small to mid -size range and provide specific recommendations as to specific
actions the City may take to encourage development of these projects. The study
should also recommend the most appropriate general locations for such projects.
Imp 33.8 Marine Related
InitialPriotity. The Land Use Element calls for the preservation of Harbor and
waterfront uses that contribute to the charm of the community, particularly in
the Balboa Peninsula area, and in the Mariners Mile area. In the Economic
Strategic Plan, action steps were recommended to encourage marine uses that
cannot sustain locations at the waterfront to relocate to the industrial portions of
the West Newport Mesa area, possibly with the help of sales tax sharing
incentives.
• Steps. The City should establish a confidential inventory of marine industry
businesses that may be at risk of losing their locations in Newport Beach. The
inventory should distinguish between water- dependent and non -water
dependent businesses and indicate current sales tax and property tax revenues
generated by these businesses. The City should evaluate the and feasibility,
effectiveness and cost/benefit of alternate incentives that could (1) keep the
businesses in their current locations, or (2) allow then to move to alternative
locations in Newport Beach, such as the West Newport Mesa Area.
Additional Priorities. The Harbor and Bay Element speaks to the diversity of
uses associated with the waterfront. This portion of the element contains a
number of policies and implementing strategies to preserve and further diversify
the business mix of marine industry businesses in Newport Beach. The
Economic Strategic Plan incorporates these activities by reference.
34. Housing Programs
Overview
Newport Beach's Planning Department administers a number of policies and
programs identified in the Housing Element that promote the preservation,
conservation, and improvement of housing within the community; support the
development of a variety of housing for all economic segments; support the
• needs of eligible fist -tune homebuyers, special needs households and existing
homeowners; preserve existing affordable housing; and support equal housing
opportunities for all residents.
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IMPLEMENTATION PROGRAMS
• Actions
The Housing Element of the General Plan specifies comprehensive programs to
provide housing to meet the needs of Newport Beach's population. The
following summarizes its principal programs:
Imp 34.1 Implement Housing Programs
Specifically the City shall implement the following affordable housing programs:
a. Enforce the regulations and requirements of the City's Inclusionary Housing
Program.
b. Provide incentives for the production of affordable housing such as
streamlined development review processing, density bonuses, waiver of 'fees,
or other incentives.
c. Maintain ongoing contact with owners of existing affordable housing units
within the City regarding the continuing affordability of their properties and
available funding sources.
d. Periodically review the Zoning Ordinance and Land Use Element to ensure
that regulations and standards do not unduly constrain housing production
and continue to comply with State Law.
e. Maintain ongoing monitoring and implementation of housing programs and
• production including code enforcement activities.
f. Identify vacant and infill areas suitable for new residential development and
provide information and assistance to developers and landowners to facilitate
construction of affordable housing.
g. Enforce Condominium Conversion Regulations
h. Provide information to residents, potential developers, and landlords
regarding various local and County housing programs and resources such as
the Orange County Housing Section 8 program, fair housing programs, and
other housing service providers.
i. Work with the Orange County Housing Authority and Housing and
Community Development Division, other jurisdictions, Joint Powers
Authorities, and housing service providers to provide effective
implementation and delivery of housing programs.
Imp 34.2 Administer Community Development Block Grant Program
The Newport Beach Planning Department is responsible to obtaining and
administering federal formula giant programs such as Community Development
Block Grant (CDBG) funds distributed annually by the U.S. Department of
Housing and Urban Development (HUD). Specific application of the funds vary
annually, but are targeted to assist low-income people and neighborhoods,
eliminating blighted conditions, and addressing urgent needs such as natural
disasters. Funds can be used to support a wide variety of programs, including
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IMPLEMENTATION PROGRAMS
• planning activities, housing assistance, public services, infrastructure, economic
development, and other community development projects.
HUD also requires Newport Beach to complete a Consolidated Plan to receive
funds under the Community Development Block Grant (CDBG) program. The
Consolidated Plan identifies each community's priority needs, short- and long-
term goals and objectives, and strategies and timetables for achieving its goals.
Consolidated Plans are required to be prepared every five years and include five
Annual Action Plans and Consolidated Annual Performance and Evaluation
Report (CAPER) to be produced for each program year.
35. Code Enforcement
Overview
The City of Newport Beach enforces Building and Zoning Ordinances to assure
the protection and preservation of public health and safety, residential
neighborhood character, and the overall quality of life for Newport Beach's
residents. Formal code enforcement actions for requested inspections of private
property not open to the general public or visible from adjoining public or
private property shall be made only when there is sufficient evidence to support
the issuance of an inspection warrant for the property. Inspections of property
may also be requested by the owner or inspections conducted by Building
Department personnel pursuant to construction being conducted, which is
authorized, pursuant to an active permit issued by the Building Department.
Actions
Imp 35.1 Enforce Codes and Ordinances
Enforcement of Newport Beach's codes and ordinances that implement the
General Plan will continue for buildings and properties throughout the City.
While the majority of enforcement procedures currently occur on a complaint
basis, the City should consider pro -active inspection of areas of the City in which
there has been a high frequency of prior complaints and issue citations for
compliance. Among the purpose for which this may be initiated by the City are
the removal of illegal signs and control of retail commercial, restaurant,
entertainment, and comparable uses that directly abut residential neighborhoods.
36. Property Maintenance and Enhancement
Overview
While code enforcement is the primary tool used by the City to assure
compliance of private property owners with Newport Beach's codes and
regulations, there are a number of other programs directed at property
maintenance and improvement.
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IMPLEMENTATION PROGRAMS
Actions
• Imp 36.1 Seismic Compliance
The City shall support and encourage the seismic retrofitting and strengthening
of essential facilities, especially facilities that have been constructed in areas
subject to ground rupture, high levels of earth shaking, and tsunami. The
retrofitting of unreinforced masonry buildings during remodels to minimize
damage in the event of a seismic or geologic hazard shall continue to be required.
Imp 36.2 Building Upgrades
The City shall encourage owners of non-sptinldered properties to retrofit their
buildings and include internal fie sprinlders.
37. Police Protection
Overview
The City of Newport Beach Police Department provides police protection
services in the City, while the SOI is served by the Orange County Sheriffs
Department.
Actions
• Imp 37.1 Maintain Hazards Data Base
The Police Department shall maintain a data base regarding the type and
occurrence of criminal activities in the City as the basis for the planning of
facilities, personnel assignments, and programs.
Imp 37.2 Provide Police Protection Services
The police and sheriff will continue to provide public safety services and work
with neighborhood associations and business groups to enhance crime awareness
and protection.
38. Fire Protection
Overview
The City of Newport Beach Fire Department provides fire protection services in
the City, while the SOI will be served by the Orange County Fire Authority.
Goals of the Newport Beach Fire Department include identifying and reducing
fire and environmental hazards, participating in the community development
planning process to improve fie and life safety, plan for response to natural and
man-made disasters that affect the community, and educate and train City
employees and residents to assist them in maintaining a safe environment.
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IMPLEMENTATION PROGRAMS
Actions
• Imp 38.1 Maintain Hazards Data Base
The Fire Department shall maintain a data base regarding the type and
occurrence of natural hazards (e.g., tsunami inundation, wildfire hazards,
flooding, seismic, landslide, subsidence, and other) and man-made hazards (e.g.,
hazardous materials storage and transfer, deteriorated buildings, and aviation
accidents).
Imp 38.2 Provide Fire Protection Services
The Fire Department shall maintain, and periodically update, and implement its
plans for emergency response, and fire protection programs, and maintenance to
provide service to the community. This will include, but not be limited to:
■ Maintain programs for the evacuation of residents, businesses, and visitors in
the event of an emergency.
■ Annually update the Emergency Management Plan, including cooperative
agreements for mutual aid with adjoining cities and John Wayne Airport.
Conduct training sessions using adopted emergency management systems
annually and coordinate with other urban area jurisdictions to test their
effectiveness.
• ■ Develop and implement a hazards educational program for residents, visitors
and employees.
• Regularly review the adequacy of the water storage capacity and distribution
network in the event of a natural disaster.
• Require the use of fire -resistive plant species and prohibit invasive
ornamental plant species in fuel modification zones abutting sensitive
habitats.
•
• Continue regular inspections of parcels in urban wild land interface areas,
and require property owners to bring their property into compliance with fire
inspection standards.
39. Parks and Recreation
Overview
The City's Recreation and Senior Services Department and General Services
Department is responsible for providing recreational programs for Newport
Beach's residents, including those targeted for adults, children, and seniors.
Actions
Imp 39.1 Assess Recreation Needs
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IMPLEMENTATION PROGRAMS
Periodically, the City shall evaluate the recreation needs of Newport Beach's
• residents. Existing programs should be reviewed and scored according to their
adequacy and programs desired by residents but not currently or inadequately
provided should be identified. This may be accomplished through surveys of
park users, homeowner organizations, and other residents, as well as with beach
users and visitors for coastal recreation amenities. Results of the survey would
be used defining future programs to be provided at local parks and beaches.
Imp 39.2 Maintain Recreation Programs for Newport Beach's Residents
Recreational programs will be provided to serve the needs of Newport Beach's
residents. Program needs shall be annually reviewed and funded in the City's
budget. A broad array of active and passive programs in outdoor and indoor
facilities may include sports, exercise, social, entertainment, picnicking, nature
observation, and similar activities. Harbor and ocean related recreational
activities such as swimming, surfing, kayaking, sailing, and wind surfing will be
provided in the Harbor and beaches. Additionally, the City shall consider
assuming responsibility for the management, operation, and maintenance of the
Upper Newport Bay Nature Preserve, including the Peter and Mary Muth
Center.
Partnerships with other public or private organizations will be maintained to
expand recreational opportunities for residents. These may include seniors'
organizations, sports leagues, and joint use of school district facilities, as well as
• sponsorship of various organized water recreational uses by private organizations
such as the Sea Scout Base, collegiate rowing clubs, and yacht clubs.
•
Periodically the City shall review and update as necessary its fees fox recreation
programs to assure that they are adequate to cover ongoing costs. This may
include a comparative assessment of the fees imposed by other. jurisdictions.
40. Landscape and Public Facilities Maintenance
Overview
The City s General Services Department maintains Newport Beach's parks and
landscape areas, storm drains, tide valves, beaches, public facilities, public streets,
and sidewalks.
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Actions
• Imp 40.1 Maintain Landscape and Public Facilities
The condition of the City's parks, landscape areas, storm drains, tide valves,
beaches, public facilities, public streets, and sidewalks shall be monitored and
documented annually. Accelerated deterioration of facilities due to heavy use,
such as park turf and basketball court surfaces, shall be identified. Normal
maintenance shall be funded annually in the City's budget. Major renovations
and upgrades of facilities that may be required periodically shall be identified and
funded in the City's CIP.
41. Harbor and Bay
Overview
Newport Beach's Division of Harbor Resources is responsible for the
management of services in Newport Harbor, in collaboration with Orange
County Harbors, Beaches, and Parks Department and Harbor Patrol Division
and U.S. Army Corps of Engineers.
Actions
Imp 41.1 Events Management and Programs
• The City shall continue to coordinate Harbor event planning in collaboration
with the Harbor Commission and Orange County Harbor Patrol. Special
operating standards shall be established for the Christmas Boat Parade and other
activities that are seasonal, recurring, and unique to the Harbor, but which may
requue special controls on access, parking, noise, and other factors to minimize
impacts on residential and other users.
The City shallreview the need to require vendors to provide a safety program
that educates boaters and property owners on safe boating and berthing
practices. The program could be integrated with permit/lease enforcement to
protect the public health and safety and the rights of other users and
ownets/lessees.
The City shall continue to work with various community and business
associations such as the Balboa Village Merchants and Owners Association,
Mariners' mile Business Owners Association, and the Newport Piet Association
as well as the vessel owners/operators to provide for the parking needs of the
patrons of sportfishing boats, passengers and sightseeing vessels, and boat
rentals.
Imp 41.2 Harbor Operations and Management
The City shall prepare and fund a joint City/County study by 2009 that will:
• N Identify the respective services provided by the City and County in Newport
Harbor;
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■ Determine the cost of these services;
• ■ Identify opportunities for the City and County to realign resources to
provide services at reduced costs;
• Identify the sources of revenue available to defray the cost of those services;
and
■ Identify potentially feasible methods of providing those services with
volunteers rather than public agency personnel.
42. Community Involvement
Overview
Newport Beach provides opportunities for its residents and businesses to be
engaged in its culture and life through education about community services,
programs, and initiatives and participation in a diversity of community events.
Actions
Imp 42.1 Educate the Community
The City shall continue to make information available to inform residents and
businesses within the City regarding its services, programs, and key community
• issues. Representative of the range of information that may be presented
include: land use zoning and development processes; development fees; code
compliance; property and building maintenance and improvement techniques;
financial assistance and affordable housing programs, public transportation; ride -
sharing and other transportation demand management programs; status of
infrastructure improvements; energy conservation methods, waste reduction and
recycling programs; hazards and emergency/disaster preparedness, evacuation,
and response protocols and procedures (fire, tsunami, seismic, and flooding);
natural resources and their value; educational and cultural events and venues;
parks and recreation, health and safety, and seniors and youth programs; and
access to government services and elected officials. This information may be
presented in flyers and newsletters that are distributed to households in the City,
on the City's Web Page, by cable television broadcasts, in workshops with
homeowners associations and business organizations; and general community
presentations and workshops.
Imp 42.2 Conduct Community Events
Annually, the City shallmaintain a calendar of community events that shall be
managed by the City, in partnership with non-profit or commercial organizations
such as the Chamber of Commerce, or independently by these organizations.
These are intended to provide opportunities for residents to participate together,
as well as enhance the quality of life and identity of the City. Typical events
• include the:
■ Festival of Arts
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• ■ Newport to Ensenada Boat Race
■ International Film Festival
■ Sandcastle Contest
■ Flight of the Lasers
• Clean Harbor Day
■ Wooden Boat Festival
• Taste of Newport
• Christmas Boat Parade
• Public Farmers Markets
• Youth and Adult Sports Events
Imp 42.3 Support of the Arts, Culture, and Historic Resources
The City shall continue to work with the Arts Commission and local community
groups and organizations to incorporate donated or privately funded arts
elements and exhibits in public buildings and facilities such as City Hall and the
Central Library. The City shall also work with local groups advocating for the
preservation of historic sites and buildings. Procedures for the review of
modification and/or demolition of these resources shall be defined.
• FINANCING
The financing strategy defines the sources and uses of funds for the public improvements
and services described in the Public Improvement Plans and Public Services Programs. In
addition to those defined herein, any development specific plan will incorporate a detailed
financing plan as stipulated by State law.
43. Municipal Budgeting
Overview
The General Fund is the portion of Newport Beach's operating budget that
funds the majority of City services. This fund is used to account for fiscal
resources which are dedicated to the general government operations of the City.
Examples of the services funded by the General Fund include Police, Fire, and
Lifeguard Services; Refuse Collection; Public Library; Recreation Programs;
much of the City's expenditures on street maintenance; Planning and Building,
and Engineering services; as well as the general administration of the City. In
addition, many Capital Improvements are funded by the General Fund.
The General Fund and its activities are primarily supported by property, sales,
and transient occupancy taxes. In addition, the other revenue sources supporting
• General Fund activities include: Licenses, Fees and Permits; Intergovernmental
Revenues; Charges for Services; Fines, Forfeitures and Penalties; Revenue from
the Use of Money and Property; Contributions; and Other Miscellaneous
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IMPLEMENTATION PROGRAMS
• Revenue. By far, the City's largest revenue source is property taxes. The second
largest single revenue source is Sales Tax, followed by Transient Occupancy Tax.
Actions
Imp 43.1 Maintain Annual Budgets for City Services and Improvements
The City shall annually budget for the provision of services to Newport Beach's
residents and businesses. This shall define their costs, sources of revenue, and
estimates of revenues to be received including any necessary changes in fees. As
part of the budget, the City will adopt a Capital Improvement Plan (CIP) that
provides funds for capital facilities including arterial highways; local streets;
storm drains, bay and beach improvements; park and facility improvements;
water and wastewater system improvements; and planning programs.
Imp 43.2 Administer Development Fees
The City imposes fees on development projects to provide revenue for required
supporting public infrastructure and services, and mitigation of transportation,
environmental and other impacts in accordance with State nexus legislation.
This includes fees imposed for transportation improvements by the Fair Share
Traffic Contribution Ordinance.
During the development review process, the full impacts and costs and
• applicable fees shall be defined in accordance with state law and nexus
legislation. For development projects that contain low and moderate income
housing, the planning and park fees may be waived at the discretion of the City
Council and Planning Commission. Development fees will be evaluated annually
to ensure that new development pays for new infrastructure and that the fiscal
balance of the developing land use mix can sustain the City' ability to operate and
maintain the existing infrastructure.
Imp 43.3 Administer Park Dedication and In -Lieu Fees
The City of Newport Beach requires dedication of land, payment of fees in -lieu
thereof, or a combination of both for park or recreational purposes in
conjunction with the approval of residential projects. In -lie fees are placed in a
fund earmarked for the provision or rehabilitation of park and recreation
facilities that can serve the subdivision.
The City shall continue to require payment of in -lieu fees for new residential
development if land is not dedicated in the subdivision for parks and recreation
facilities. For lugh density residential projects located in the Airport area, parks
to be developed for a "residential village" will be small, one acre or less, and of
an urban character. As such, the in -lieu fees that will be derived to offset the
required acreage that cannot be provided within the area shall be allocated for
the acquisition and improvement of parklands in the near vicinity. The City's
• park fees shall be reviewed periodically for their adequacy and updated as
necessary.
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IMPLEMENTATION PROGRAMS
Imp 43.4 Administer Harbor Resources Fees
• The City derives revenue from a diversity of Harbor -related activities including
moorings, entertainment boat permits, property leaseholds, and other uses. The
feasibility of implementing longer term tideland leases with rental rates that
reflect the nature and intensity of the permitted uses and activities and security
for funding enhanced or expanded facilities should be studied.
Imp 43.5 Issue Municipal Bonds
As needed, the City may issue municipal bonds for the funding of capital
improvements such as highways, infrastructure (water distribution, sewage
treatment, and so on), civic buildings, libraries, and other purposes. Prior to their
issuance, the public shall be provided the opportunity to comment on these in
accordance with state legislative requirements.
Imp 43.6 Administer Special Taxes/Special Revenue Funds
In addition to the City's General Fund, there are numerous other funds that help
finance City expenditures, particularly capital improvements. The City's Special
Revenue Funds are used to account for the proceeds of special revenue sources,
which are legally restricted to expenditures for specific purposes. One of the
City's special revenue funds is fund is the City's Gas Tax Fund, which is funded
by the State Gasoline Tax, and which can only be expended for street repair,
• construction, and maintenance.
Imp 43.7 Secure County and Regional Transportation Funds
County and Regional Transportation funds include Measure M funding. In 1990,
Orange County voters approved Measure M, a 20-year program for
transportation improvements funded by a half -cent sales tax. Measure M
allocates all sales tax revenues to specific Orange County transportation
improvement projects in three major areas —freeways, streets, roads and transit.
Measure M sales tax revenues shall not be used to replace private developer
funding that has been committed for any project or normal subdivision.
Imp 43.8 Secure State and Federal Funding
A variety of funding programs are available from the state and federal
government. These include special purpose State allocations such as
transportation improvements or programs that support the production and
preservation of affordable housing such as the Low -Income Housing Tax Credit
Program, California Finance Agency (CalHFA) and the Multi -Family Housing
Program. The City will continue to pursue these funds as feasible, to support
preservation and development of affordable housing and other services.
Federal funding programs focus on such actions as transportation and
• infastructure improvements and habitat conservation. Additionally the U.S.
Department of Housing and Urban Development (HUD) allocates annual
Community Development Block Giants (CDBG) that are used for a variety of
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IMPLEMENTATION PROGRAMS
community purposed such as affordable housing, community services such as
homeless, senior and fair housing services, and facility and infrastructure
improvements. Other federal funding programs that Newport is eligible for
include the Section 108 Loan program that provides loan guarantees for the
pursuit for large capital improvements or other projects. Recipient jurisdictions
must pledge to future CDBG allocations for repayment of the loan.
On an ongoing basis, the City will continue to pursue federal and state funds to
assist the City in funding needed Harbor maintenance activities, capital
improvements and educational programs such as the National Oceanic and
Atmospheric Administration (NOAA) grants and Whale Tail Grants Program.
The City should secure funding for the Upper Newport Bay Ecosystem
Restoration Project and long-term funding for successor dredging projects for
Upper and Lower Newport Bay.
Imp 43.9 Enterprise Funds
Enterprise Funds, which are used to account for City operations that are
financed and operated in a manner similar to private business enterprises. The
objective of segregating activities of this type is to identify the costs of providing
the services, and to finance them through user charges. The two main City
enterprise funds are the Water Fund and the Wastewater Fund. Both of these
funds are financed by user charges to the customers (residents and businesses of
Newport Beach).
Imp 43.10 Other Funds
a. Oil Spill Remediation
Oil Spill Rernediation funds are the product of settlement proceeds from the
American Trader Company. In February 1990, a tanker spilled more than
400,000 gallons of oil off the coast of Huntington Beach, which impacted
Newport's beaches. As a condition of the settlement, Newport Beach is
required to spend the funds on projects affecting the areas damaged by the
spill.
b. Circulation Improvement and Open Space Agreement Construction Fund
The Circulation Improvement and Open Space Agreement (CIOSA) is a
development agreement between the City and The Irvine Company to
finance expenditures relating to the construction and acquisition of certain
public capital improvements. The CIOSA Construction Fund has been
established to account for the construction proceeds and expenditures
related to Special Assessment District No. 95-1.
c. Ackerman Donation Fund
The City is the beneficiary of lease proceeds of certain commercial property
donated by the Carl Ackerman Family Trust. The property was given to the
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IMPLEMENTATION PROGRAMS
City subject to a December 18, 1992, 15- year lease. The lease gave the lessee
• an option to purchase the property and sets out in detail the method to
exercise the option, the option price, and conditions of the purchase. On
August 8, 2003, the lessee exercised the option to purchase in the amount of
$1,940,000. As a condition of the lease, these funds are split between the City
and the University of California, Irvine. The City's portion must be used for
library and scholarship purposes.
44. Business Improvement Districts
Overview
The State of California recognized in 1989 that older existing business districts
within the state's communities were at an economic disadvantage to newer malls
and "super store" shopping centers. As a result, the State passed Section 36500
of the California Street and Highways Code in order to prevent economic
erosion, stop loss of jobs, and attract new businesses. This code provided
authorization for local governments to levy assessments in order to fund
particular improvements and activities that would revitalize these business
districts. Currently four business improvement districts (BID) are located within
Newport:
■ Balboa Village BID
• ■ Corona del Mar BID
• Marine Avenue BID
• Restaurant Improvement District
Each business improvement district elects its own Board of Directors, annually
levies assessments against those businesses within the benefit area, and allocates
funds for projects and improvements which will benefit all the merchants,
offices, and services within the business district. Each business improvement
districts receives matching annual funds from the City of Newport Beach in an
equal amount to the revenue generated by the business improvement district.
The City will continue to work with existing Business Improvement Districts
(BID) and create new BID in commercial areas where necessary.
Actions
Imp 44.1 Facilitate Business Improvement Districts
The BIDS serve as a mechanism to implement the policies of the General Plan
by contributing to the enhancement of declining business areas, such as Balboa
Village, and maintenance of active areas, such as Corona del Mar. They can
assist through the planning and funding support of streetscape and other public
improvement projects, marketing and branding campaigns, scheduling of events
to attract customers, pro -active recruitment of new businesses, and resolution of
• local problems such as business nuisances and trash littering.
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IMPLEMENTATION PROGRAMS
As the General Plan provides for the enhancement of other areas of the City as
• activated and pedestrian -oriented villages, the establishment of BIDS for these
may be appropriate with the City working with local businesses and property
owners. This may include the retail village proposed inland of Coast Highway in
Mariners' Mile, the Balboa Peninsula North Villages (Lido, Cannery, and
McFadden Square), and Old Newport Boulevard.
45. Community Facilities and Special Assessment Districts
Overview
Assessment districts are established for the funding of streets, water, sewerage,
stone drainage, schools, parks, and other infrastructure and services required to
support development. Costs are distributed and fees assessed on all development
in the district. When applied to developed properties, a vote of the property
owners is required for implementation.
Actions
Imp 45.1 Consider the Establishment of Community Facilities and Special
Assessment Districts
The establishment of new Community Facilities and Special Assessment Districts
shall be considered as necessary to support new development in the City. This
• would most likely be limited to areas in which extensive redevelopment is
projected and for large vacant parcels that may be developed. Respectively, these
may include development of residential villages in the Airport Area and West
Newport Mesa and a mixed -use community in Banning Ranch should it not be
acquired as open space.
•
DRAFT FOR GPAC REVIEW 65
GENERAL PLAN ADVISORY COMMITTEE
Monday, March 13, 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
1
Ik
Jim Naval
Catherine O'Hara
Charles Remley
Larry Root
John Saunders
Hall Seely
Jan Vandersloot
Tom Webber
�—
Ron Yeo
Raymond Zartler
•
2
GENERAL PLAN ANISORY COMMITTEE
Saturday, March 13, 2006
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GENERAL PLAN ANISORY COMMITTEE
Saturday, March 13, 2006
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• GENERAL PLAN ARISORY COMMITTEE
Saturday, March 13, 2006
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