HomeMy WebLinkAboutIVb_ Land Use Subcommittee Memo and EnclosuresAttachment No. 2
Land Use Subcommittee Memo with Enclosures
Community Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Co-Chairs Evans and Greer, and GPAC Members
From: Benjamin M. Zdeba, AICP, Principal Planner
Date: June 13, 2024
Re: GPAC Land Use Subcommittee Efforts
________________________________________________________________
The GPAC Land Use Subcommittee met on Thursday, May 23, to identify a
chairperson, to review the Land Use Existing Conditions and Background Analysis
Report, and to discuss the topic of density bonus units as they relate to the
proposed development limits in the Housing Element Implementation Program
Amendments. GPAC Member Susan DeSantis was identified as the Chair of this
Subcommittee and will provide an overview of the Subcommittee’s discussion and
any actions at your upcoming meeting on June 19, 2024.
Enclosed for your reference are the following materials:
1. Action Minutes from the Subcommittee Meeting on May 23, 2024;
2. PowerPoint Presentation from the Subcommittee Meeting on May 23, 2024;
3. Comments received related to Dudek’s Land Use Existing Conditions and
Background Analysis Report; and
4. A revised Land Use Existing Conditions and Background Analysis Report.
The GPAC Land Use Subcommittee will be seeking feedback on initial
considerations for outreach and visioning related to the Land Use Element. The
information contained in the report and supplemented by the action minutes will be
used as a tool to seek community input through the outreach and engagement
efforts.
Action Minutes: GPAC Land Use Subcommittee
Meeting Date: Thursday, May 23, 2024, at 3:30 p.m.
Location: Newport Beach Meeting Room and Teams
GPAC and GPUSC Members in Attendance: Anthony Maniscalchi, Charles Klobe, David Guder, Debbie
Stevens, Jim Carlson, Jim Mosher, Lori Williams, Robert Rader, Susan DeSantis, Tom Meng, and Nancy
Gardner
City Staff in Attendance: Jaime Murillo, Elizabeth Dickson (Consultant), and Janet Rodriguez (Consultant)
Brief Discussion Recap and Action Minutes
City staff initiated the meeting and provided the following basic objectives for the meeting: 1) to determine
the Chairperson of the GPAC Land Use Subcommittee; 2) to provide feedback on the Land Use Existing
Conditions and Background Analysis Report; 3) to move the document (Existing Conditions and Background
Report) forward for GPAC consideration; and 4) to conduct an open discussion that covers other topics,
including density bonus units and how they relate to the proposed development limits.
Identifying the GPAC Land Use Subcommittee Chairperson
After brief discussion, GPAC Member Susan DeSantis was selected as the Chairperson.
✓ Action: GPAC Member Susan DeSantis will serve as the Chair of the GPAC Land Use Subcommittee.
Discussing the Historic Resources Element
Elizabeth Dickson (Consultant) of Dudek provided a PowerPoint presentation that shared an overview of the
Land Use Existing Conditions and Background Analysis Report, as well as the key findings and
recommendations.
Once she concluded her presentation, the Subcommittee discussed the report and its content. The
following list highlights some of the discussion points and input:
Planning Subareas
• Support the recommendation to create planning subareas with specific policies that support the
vision for each subarea.
• Strong desire to develop a specific plan for the Airport Area:
o Noted the previous effort of a private developer to try and pursue a community plan for the
Airport Area, and encouraged the City to lead a similar effort;
o Comprehensive plan for the airport area is needed to prevent “random” developments and
to ensure a cohesive village-like neighborhood moving forward; and
o There was a question about the language in the Housing Element Implementation program
for a specific plan in the Airport Area (for example, words like “explore” and “consider”)
and whether the language supporting a specific plan needed to be strengthened; however,
Acting Deputy Director Jaime Murillo clarified that it will likely be a high priority effort for the
City to prepare a specific plan next year once base zoning is in place, as required by State
law.
GPAC Land Use Subcommittee
Action Minutes for May 23, 2024
• Land Use Element can include a policy that requires the development of a specific plan for these
subareas, such as the Airport Area.
• Commercial development was discussed and the potential to require another vote of the electorate
under Charter Section 423 if additional intensity is added; Acting Deputy Director Murillo pointed
the Subcommittee to the draft policy in the Housing Element Implementation Program
Amendment’s Land Use Element update, which allows for transfer of development rights when
residential developments take down existing commercial buildings.1
• It is important to create opportunities for resident-serving retail and services that will capture sales
tax revenue that may go elsewhere.
• It was noted that there is a well-established national and state trend for office buildings to
experience higher vacancies rates due to remote work policies following COVID. Further research
is needed for the Airport Area to determine current and forecasted vacancy rates.
• In response to a question about the Santa Ana Heights Specific Plan (SP-7) being the only remaining
specific plan after the 2010 Zoning Code Update, Acting Deputy Director Murillo shared that the
City incorporated the allowances from the relevant specific plans into the zoning code to simplify
the regulations overall.
6th Cycle Housing Element
• In 2006, the City prepared the 5th Cycle Housing Element creating new housing opportunities. The
City has continued to permit new housing units in identified areas.
• It was noted that development agreements are negotiated on a project-by-project basis, as codified
in the Municipal Code.
• The City had a feasibility analysis prepared regarding inclusionary requirements and financial
viability of projects. The analysis showed projects in Newport Beach can only support an 8%
inclusionary requirement. It was noted that HCD may allow an inclusionary requirement of up to
15% without a feasibility analysis.
• There was interest in the possibility of establishing a land trust with the County in Coyote Canyon.
Since Coyote Canyon is located within a County Conservation Area and is County-owned land, is it
possible for the City to pursue a partnership with the County and perhaps the housing trust fund
and other partners? This may be an important opportunity to explore since there appears to be
interest in developing the area with housing by the landowner and lessee.
Potential Land Use Changes Aside from 6th Cycle Housing Element
• It was generally agreed that there is not a much interest in changing the land use pattern; it was also
acknowledged that the housing component was important.
1 As currently drafted, Policy LU 4.7 (Redevelopment and Transfer of Development Rights) currently reads as follows: Within
an established housing opportunity overlay zone and notwithstanding Policy LU 6.15.5, the intensity of existing allowed
uses of a site may be reconstructed on the site as part of a mixed-use development provided the gross fioor area allowed
by the General Plan is not increased, unless it is increased through a General Plan amendment or density bonus
concession. The intensity of existing uses may be converted to other uses allowed by the underlying General Plan land use
category provided that average daily trips and peak hour traffic trips are not increased above the trips from the existing
allowed use. For example, office intensity may be converted to retail or service commercial, restaurants, or other
nonresidential uses provided the General Plan land use category allows these uses. Nonresidential intensity not included
as a component of a future residential project will remain within the General Plan allocations on a statistical area-wide
basis. The City Council may transfer the intensity of a use to another site within the Statistical Area consistent with Policy
LU 4.3 or Policy LU 6.15.3.
GPAC Land Use Subcommittee
Action Minutes for May 23, 2024
• It was generally agreed that the Airport Area needs a specific plan that would determine how best
to balance growth of new housing opportunities with existing commercial development and phase
in necessary infrastructure and community services.
• It was generally agreed that that there may be existing commercial capacity that could be moved
to other areas without triggering a vote under Charter Section 423.
• There was a consensus that the focus for the Land Use Element planning process should remain
conceptual while providing a goals and policies framework for each of the five geographic focus
areas. It should not be so prescriptive at this point.
Adaptive Reuse
• It was noted that the Irvine Company is reporting about 91% occupancy at their office buildings.
Although vacancy rates in Orange County are generally low, there are some underused buildings,
especially in the Airport Area.
• There was an interest expressed in including policies for adaptive reuse.
• Acting Deputy Director Murillo shared that it is very challenging and cost-prohibitive to capture
additional housing units through adaptive reuse. The Building Code and other safety-related code
requirements make it hard to convert commercial space to residential. He also clarified that the 6th
Cycle Housing Element’s implementation policies will help to free up capacity for commercial uses
through the transfer of development.
• It was emphasized that changes to the Land Use Element do not necessarily have to go to a vote of
the electorate under Charter Section 423 if they are not considered major amendments. This may
be an important point of consideration, as we continue to refresh the Land Use Element and
consider if any land use changes should occur.2
Change Versus No Change
• It will be important to understand community perspectives on how to take a conservative approach
to accommodate the required housing opportunities with other perspectives that support change
and higher levels of growth within one or more of the five geographic focus areas. Can the land use
element respect both of these perspectives in how these documents are crafted? Is it possible to
balance those who wish to keep things as they are while not accommodating anything beyond
required new housing with those who wish to see new balanced development.
• Should have a “growth” or “no growth” mindset instead of getting into the specifics of overseeing the
reuse of office spaces, etc. It is important to let the private market live and grow specific areas. It
was reiterated that the Airport Area and Newport Center are areas of interest.
o The Airport Area has a real opportunity where if it is allowed to change, growth will occur.
o Newport Center could grow and continue to become a special place to live, work, and play.
• There should be established areas where development should occur. This can include identification
of specific nodes for development. Supporting the development of specific plans would beneficial.
A specific plan is one of the tools that the City has for shaping and providing for a mix of uses and/or
identifying special considerations, such as public art requirements.
2 Section 423 requires voter approval of any major amendment to the Newport Beach General Plan. According to Section
423, a “major amendment” is one that signiflcantly increases traffic (100 AM/PM peak hour trips), intensity (40,000 sq. ft.)
or density (100 dwelling units) of allowed and proposed uses.
GPAC Land Use Subcommittee
Action Minutes for May 23, 2024
• There was a reminder that no land use decisions are being made at this time but this is a discussion
of considerations moving forward on constraints and opportunities related to potential land use
changes.
Considerations Specific to the Dudek Report
• The report’s discussion in Subsection 4.2.2 regarding water supply states that groundwater
accounts for 79%. This should be verified and revised.
• The Airport Area is served by the Santa Ana Unified School District and people will move to the area
without realizing. This is a concern that should be highlighted to raise awareness.
• The existing regulatory constraints of the Newport Coast Local Coastal Program should be
considered.
• Current Noise Element goals and policies should be considered.
• There is a need to consider the influence the County has over the City with regard to regulations.
• There should be strong language surrounding the support for creating specific plans. This should be
aspirational rather than restrictive (i.e., “you can or can’t do this”).
• There was general support for the report; however, GPAC and Subcommittee Member Jim Mosher
expressed concern. He referenced written comments provided and provided several highlights.
✓ Action: The GPAC Land Use Subcommittee supported moving the existing conditions and background
analysis report forward with consideration of GPAC and Subcommittee Member Mosher’s comments
and these action minutes for the larger GPAC to review at the June 19, 2024 meeting.
Open Discussion – Density Bonus Units and the Charter Section 423 Vote
Elizabeth Dickson (Consultant) and Acting Deputy Director Murillo shared a brief overview of how density
bonus units are accounted for in the current Housing Element Implementation Program Amendments and
some discussion ensued:
• GPAC and Subcommittee Member Charles Klobe expressed concern that excluding density bonus
units from the individual development limits in each focus area is likely to make the ballot measure
required under Charter Section 423 fail.
• Acting Deputy Director Murillo highlighted State law and how it defines density bonus units. He
highlighted that this presents a potential conflict with including the density bonus units in the overall
development limit (i.e., this would be inconsistent with State law).
• There was discussion surrounding development limits and whether they serve as a base density or
not.
• It was questioned what the City is doing to help promote the inclusion of affordable housing units.
Recently approved projects have only been producing about 10% affordable housing units.
Development agreements were shared as a tool; however, they can only be required in certain
scenarios.
• GPAC Member and Subcommittee Chair DeSantis mentioned the City of Yorba Linda as an example
of a jurisdiction with a similar requirement for a ballot measure with significant growth. It was
mentioned that Yorba Linda has a good housing website that educates the public about why a vote
is required. It was acknowledged that the City must be careful and cannot advocate either way.
GPAC Land Use Subcommittee
Action Minutes for May 23, 2024
o Acting Deputy Director Murillo stated he would connect with Yorba Linda’s Community
Development Director to see if the housing website is a community-led or a City-led
website.
• GPAC and Subcommittee Member Mosher noted that technically, the vote should be done by
statistical area.
✓ Action: The GPAC Land Use Subcommittee generally agreed that, based upon information shared by
City staff about the necessary implementation schedule and State law, the current Housing Element
Implementation Program Amendment language cannot be changed to include density bonus units in the
development limits for each focus area.
The GPAC Land Use Subcommittee meeting concluded at approximately 5:23 p.m.
GPAC LAND USE SUBCOMMITTEE
MAY 23, 2024
Identifying a Chairperson
Purpose and Process for Background
Analyses
Understand the
issues and
opportunities,
according to data
and experts
Establish a
baseline
Understand
Inform interested
parties and City
staff of key
findings
Provide initial
recommendations
based on findings
Inform Guide discussions
with community
members during
outreach and
engagement
Inform future
policy
development
Guide
Why are Background Analyses Important?
Process for GPAC Feedback
•Acts as liaison to City staff
•Reports to larger GPAC
Subcommittee
Chairperson
•Shared with respective
GPAC subcommittee
•Optional meeting and
taskforce
•“Big picture” and
recommendations feedback
Draft Document
Review •Share draft documents
•Share subcommittee
feedback
o Actionable meeting
minutes
Full GPAC
Land Use Element Analysis
Overview
•Required General Plan Element
•Identifies location and extent of the use of land
•Housing, business, industry, open space, education, etc.
•Extent and intensity of uses
•Adopted Element aims to:
•Maintain Newport Beach as a primarily residential community
•Promote a diversity of uses to support the needs of residents, enhance the economy, protect the environment, and serve visitors
•Complementary development patterns that protect and enhance areas
•Balance design with the environment
•Background Analysis examines
•Current land use (existing and planned)
•Applicable regulations
•Issues and opportunities
•Potential considerations
Sphere of Influence
•SOI –Future potential boundaries of City
•Boundaries and annexation to be approved by LAFCOs
•City does not have authority in SOI
•Taxing
•Regulatory –Police Powers
•Public Services or Projects
•City Role in SOI
•Address in Land Use Element
•May seek annexation
•May pre-zone area to apply regulations once annexed
Key Findings
•Local Coastal Program
•Guides and regulates development in the coastal zone in tandem with Land Use Element
•Airport Land Use Compatibility
•Standards to protect public health and safety from potential hazards
•Standards include noise contours, safety zones, and height restrictions
•These impact the type and intensity of development near the airport
•Concurrent Land Use Amendment
•Alongside General Plan Update, City is separately amending the Land Use Element to implement the Housing Element
•Part of the Housing Element Implementation Program to increase housing opportunities/capacity in key areas
•This GPU provides an opportunity for additional revisions beyond Housing Element Implementation.
Considerations
•Planning Sub-Areas
•Identifying areas important to and known by the community
•Planning Sub-Areas
•Currently Identified as opportunity areas for change
•Comprehensively identify planning sub-areas, villages, and neighborhoods with community input
•Can be reflected in area-specific policy
Considerations
Community Priorities
•Conduct robust community engagement to ensure community
priorities and values inform land use changes
•Identifying key areas of potential change to complement varying needs
Balanced Communities
•Planned development should align with adequate resources and
infrastructure
•Specific Plans can help maintain balance among residents and resident-
serving uses
Next Steps
•GPAC LAND USE SUBCOMMITTEE INPUT
•Support this document for June 19th GPAC
•Outreach and Policy Considerations
•Areas of change/needed land uses
•Identifying villages citywide
•Others?
Housing Element Implementation
Program Amendments Update
Click to edit Master title style
Contact
NAME
TITLE
NAME
TITLE
P:
Email:
Website:
P:
Email:
Website:
Thank you!
Benjamin Zdeba, AICP
Principal Planner
P: 949-644-3253
Email: bzdeba@newportbeachca.gov
Jaime Murillo, AICP
Acting Deputy Community Development Director
P:949-644-3209
Email:jmurillo@newportbeachca.gov
Comments on the Land Use Element Background Analysis
These comments on the Dudek Land Use Element Existing Conditions and Background Analysis dated
May 2024 are submitted by:Jim Mosher (jimmosher@yahoo.com ),2210 Private Road,Newport Beach
92660 (949-548-6229).
General Comments
The preparation of technical background reports by outside consultants seems to be a fairly
common part of general plan updates.The 2004 Technical Background Report prepared to
inform the previous general update effort in Newport Beach (unfortunately posted without the
illustrations)is an example.
The reports prepared by Dudek seem unusually weak.This one,in particular,I found difficult to
read,lacking in insights and presenting frustratingly vague recommendations for improvement.
Even more concerningly,much of the information provided seems poorly informed and
inaccurate.
While it is to be expected that,as the report repeatedly emphasizes,the community’s needs will
be clarified through future public input,one might hope an independent existing conditions and
background analysis of a Land Use Element would highlight:
1.How much development has occurred and how land uses have changed since the last
update.
2.How close the community is to build out of the existing general plan capacity.
3.Any existing policies that have not been followed.
4.Whether the existing plan adequately incorporates the goals and policies of the other
elements.
5.Any structural deficiencies in the existing element that may need to be corrected.
6.Whether the existing and allowed land use ratios deviate from accepted norms (for
example,residential to retail or office).
7.Any things that would normally be in a land use element that are obviously missing from
ours.
In reading the present report,I did not find clear answers to any of these.By contrast,the 2004
report,while not perfect,is much more informative as to existing land uses and remaining
capacity.It also appears to have provided generally more reliable information.
Specific Comments
The present comments are generally confined to substantive errors and confusions,and rarely
point out grammatical typos.The page numbers refer to those appearing at the bottom of the
respective pages,which are two less than the electronic page numbers in the 52-page PDF.
Chapter 1:Executive Summary
Page 7:The final paragraph of the Executive Summary is an example of the frustrating
vagueness that permeates the report.This paragraph is so generic it could be presented as the
recommendation for any Land Use Element update in any city.I can find nothing whatsoever in
it specific to Newport Beach or its existing Land Use Element.
May 2024 LUE Background Analysis comments -Jim Mosher,5/28/2024 Page 2 of 9
Chapter 2:Introduction
Page 8:By Section 2.2 we encounter an organizational problem that limits the readability and
usefulness of these reports.As a specific example,we read “the Land Use Element must …
identify waterways used for flood management identified in the Safety Element.”Readers will
naturally expect to learn “Does our current LUE do this,or is it a problem that needs to be
corrected?”Yet,there is no hint of where one should look for the answer,if there is one.In this
case,I don’t think an answer is provided.
To me,these reports would be much more useful as “conversation starters”if they were
arranged by topics which the consultants,as outside observers,see a need for improvement,
with the problem,constraints and recommendations for that topic all in one place.
The final sentence of Section 2.2 refers to guidance from the “Vision Element.”Haven’t we
heard our “Vision Statement”is not regarded as an Element?
Page 9:Regarding Spheres of Influence,the author does not seem aware there are still
unincorporated areas on the border between Newport Beach and Costa Mesa,specifically
areas adjacent to West Santa Ana Heights,including the Santa Ana Country Club to its west
and a residential tract to its south.Although they may currently be regarded as being the Costa
Mesa SOI,I do not believe they have yet been annexed,and I know there are some citizens
who believe it would be in the interest of Newport Beach to contest the current SOI designation
and ultimately annex them.
From the LAFCO SOI maps,specifically for Newport Beach and Costa Mesa:
Chapter 3:General Plan Review
Much of this chapter is devoted to listing land use related goals and policies found in elements
other than the Land Use Element,but it provides no insight I can find into whether in the
consultant’s opinion the Land Use Element adequately incorporates them.
Page 10:For those who have not seen the existing LUE,the description of it as including “three
main components”is misleading.While the separately printed Table of Contents shows such an
May 2024 LUE Background Analysis comments -Jim Mosher,5/28/2024 Page 3 of 9
organization,the “Introduction”and what the author calls “Existing Land Use Overview”sections
are each little more a page long,while the section labeled “Goals and Policies”spans 129
pages (not counting the 27 foldout illustrations).Moreover,for many areas,the description of the
existing land uses comes not in the “Existing Land Use Overview,”but in the “Goals and
Policies”portion.Those more detailed “existing conditions”descriptions seem to be mostly
confined to the areas identified as opportunities for change.
Page 11:Starting with Section 3.2 (Harbor and Bay Element),I understand what the author is
trying to do:pulling out goals and policies that directly impact land use.But the format is
confusing,with policies indented as if they fell under goals which they do not,and the policies
that actually support a listed goal not being shown at all.More importantly,the report provides
no insight into whether the policies are adequately reflected in the existing LUE,or if additional
cross reference to them is needed.
For example,it is not clear the existing LUE fulfills its role “as the central organizing element for
the General Plan as a whole”by identifying the geographic area to which the Harbor and Bay
Element should apply (I can find no map).
Page 12:The paragraph labeled “Goal HB 9”appears to be an accidental repeat of “Goal HB
11,”and not Goal HB 9 at all.It should probably be deleted.
Page 12:Under Section 3.3 (Housing),although the report provides no insight into this,I know
the City is operating under the assumption the recently adopted Housing Element promises
need to be incorporated into the LUE by February 2025,yet the certified HE policies say that,
and the rezoning,will be completed within 36 months of adoption,which would be a September
2025 deadline.
Page 14:Policy CE 8.1.7 (Avon Street Municipal Parking Lot Relocation)is listed twice.Once in
sequence,and then again at the end of the list of policies.The second listing appears to be
unintentional.It is unclear if some other policy was intended to be listed there.
Page 15:In line 1,“Recreate Element”should be “Recreation Element.”
Page 16:In “Policy NR 10.5,”“or Rare Biological”should read “or Rare Biological Resources.”
The author has also missed many Natural Resources goals affecting development,including:
Goal NR 10.9 Development on Banning Ranch
Goal NR 17 Maintenance and expansion of designated open space resources
Goal NR 20 Preservation of significant visual resources
Goal NR 23 Development respects natural landforms such as coastal bluffs
and likely more.
Under Section 3.8 (Safety),no insight is provided as to whether the Policy S 3.5 promise to alter
shoreline processes to protect coastal-dependent uses is consistent with the Coastal Act.
Page 18:The quoted policies N 3.1 and N 3.2 are not those of the currently adopted Noise
Element.In addition,it is unclear what criteria were used for selecting noise policies to include
in this section.There are many very similar ones that are omitted.
May 2024 LUE Background Analysis comments -Jim Mosher,5/28/2024 Page 4 of 9
Chapter 4:Regulatory Review
The “Regulatory Review”chapter,as was indicated orally at the May 23 LUE subcommittee
meeting,the report omits the various powers the County retains over Newport Beach Planning.
Those includes tidelands (both water and filled)under County Jurisdiction,coastal planning in
the Newport Coast Annexation area (none of which has been incorporated into the City’s Local
Coastal Program,and some permitting authority which remains with the County),as well as
control over the Santa Ana Heights Specific Plan Area,both through a 2002 Pre-Annexation
Agreement and a 2006 Cooperative Agreement (more commonly known as the Spheres
Agreement).The latter two require County consent to changes affecting allowed land uses.
The report also does not detail who controls use of the Upper Newport Bay Ecological Reserve
and the Nature Preserve,or properties that have been dedicated as City-administered state
tidelands.And it is silent on what impact SCAG’s regional planning might have on land use
decisions in Newport Beach.
Page 19:Subsection 4.1.1 (Land Use Element Guidelines)lists a number of required parts to a
Land Use Element,but does not tell us whether our existing LUE adequately contains them,or
not.Shouldn’t it?One might look to the “Existing Conditions”chapter for that analysis,but I don’t
see it there,either.
Page 20:In Subsection 4.1.2 (California Coastal Commission),it would have been helpful to
indicate where the California Coastal Act that it refers to can be found (Public Resources Code
Section 30000 et seq.).
Pages 20-21:Subsection 4.2.1 (Airport Land Use Compatibility)does not disclose or discuss
the land use planning implications of the conflict between the noise contours in the AELUP and
the different ones recently adopted for the General Plan by Resolution No.2023-72.
Page 21:Subsection 4.2.2 (Water Supply)does not disclose that the description provided
applies only to the portion of the City where water is supplied by the City.Some planning areas
are supplied by the Irvine Ranch Water District and by Mesa Water,which have different
constraints.There are similarly governmental agencies other than the City providing liquid and
solid waste disposal to some areas.
Page 22:In Subsection 4.3.2,City Charter Section 423 is more nuanced than described.It
would be more accurate to say that a vote is required whenever an amendment,in addition to
80%of all other amendments affecting the same neighborhood (statistical area)in the
past 10 years,adds “over 100 peak hour trips (traffic),or over 100 dwelling units (density),or
over 40,000 square feet of floor area (intensity).”
Page 22:Regarding Section 4.3.3 (Local Coastal Program and Implementation Plan),the report
acknowledges the City’s LCP does not apply to Newport Coast and Banning Ranch,but it does
not explain what does apply to those areas.I am unclear how Coastal Act permitting of new
development in Newport Coast works.Permitting of development in the historic district of Crystal
Cove State Park (which many seem to assume is not within the City limits,even though it is),for
example,appears to be governed by a Public Works Plan that is under the jurisdiction of neither
the City nor the County (see CCC agenda Item W22b-3-2017),while permitting in other parts of
the annexation area may or may not still be the purview of the County under a separate LCP of
May 2024 LUE Background Analysis comments -Jim Mosher,5/28/2024 Page 5 of 9
their own.It would seem consolidation of the whole City area into a single,transparently
administered LCP would be a desirable goal.
Pages 22-23:Section 4.3.4 (Concurrent Land Use Amendment)is too big an issue to address
here.Suffice it to say the currently proposed LUE amendments contain a number of
inconsistencies with the adopted Housing Element.Among other things,Policy Action 1E
(Banning Ranch)promises increasing the housing capacity by 100 units over the current 1,375
unit limit (something which is not part of the proposal),and the proposal to apply a 20 to 60
du/ac overlay for 1,530 units on Coyote Canyon seems inconsistent with the Policy Action 1F
promise to rezone at least 34 acres to accommodate up to 1,530 housing units at an average
density of 60 du/ac (noting the inconsistencies of both that an overlay is different from a rezone
and 34 or more acres at an average to 60 du/ac would need to allow at least 2,040 units)
Chapter 5:Existing Conditions
One might have hoped that the author of this chapter on Existing Conditions would,by
comparing Section 5.2 (Land Use Designations)to Section 5.1 (Development),have reached
some conclusion as to how much development capacity remains in the various land use
designations under the existing General Plan,and in what parts of the city it remains –as the
author of the 2004 Technical Background Report did.However,I see no such conclusion,So,
apparently the reader is left to draw their own conclusions,but since the two sections use
different land use categories it is not clear how one is supposed to do so.
Pages 25-27:Regarding Section 5.1 (Development),the extent to which Newport Beach is
“build out”to the limits allowed by its General Plan has long been a matter of contention and
uncertainty.This is in part because for 18 years,Implementation Program 10.2 (Maintain
Development Tracking and Monitoring Program)of Chapter 13 of the existing General Plan has
promised to maintain built versus allowed development information by statistical area,but it has
never been made fully available.It is additionally confusing because the existing General Plan
designates many of the allowed limits as “anomalies”listed in LU 2,however it allows transfers
and conversions that are not reflected by updating the table,and are instead maintained in
separate Tracking Tables,that are,themselves,not reliably kept up to date.
As indicated at the subcommittee meeting,this section may only add to the uncertainty.
In particular,Table 2 purports to identify acreage devoted to designated uses to 0.01 acres.But
if that table reflects the assumed land uses portrayed in Figure 2,it must be very inaccurate
since a very large number of the parcels are misidentified.
As a trivial example,the Civic Center complex is identified as “Retail/Commercial”even though
in Figure LU 1 of the General Plan (similar to Figure 8 on page 41 of the report)it is more
correctly designated as a combination of Public Facility and Open Space.Conversely,beaches
(designated as Parks and Recreation)and reservoirs (designated as Tidelands and Submerged
Lands in the General Plan)are identified here as “Civic Facilities.”The 273.69 acres of
“Agricultural”land identifications are also largely inexplicable to me,including their indicated
locations,as I was not aware of significant areas devoted to that within the City limits and it
does not seem to be a category of use recognized in our General Plan.
May 2024 LUE Background Analysis comments -Jim Mosher,5/28/2024 Page 6 of 9
Some of this is a difference in nomenclature between the data sources,but comparing Figure 2
of the report to Figure LU 1 of the General Plan,it is evident the disagreement extends to terms
there should be agreement on,such as single-family and multi-family residential development.
When any small area is looked at in detail,many of the identifications shown in Figure 2 simply
don’t add up with Newport Beach as I know it.
For example,the large multi-family Mariners Square complex between Mariners Elementary
School and Westcliff Plaza is (like the Civic Center)identified as “Retail/Commercial.”
Mutli-family residences adjacent to the northwest corner of Westcliff and Dover Drives are
identified as single family,and so on.
Moreover,the total acreage Table 2 of the report says to be developed as single-family
residential (“5,307.49”)is substantially greater than the sum of acreage the existing LUE allows
for single-family use according to Table 3 on page 35 (RS-D +RS-A =4189.76 ac).
The report provides no insight as to how the built acreage of single-family parcels could be so
much larger than allowed by the General Plan (and presumably zoning).Is this because Table 3
(which says only “Source:City of Newport Beach,2006”)represents numbers prior to post-2006
annexations (West Santa Ana Heights and the Emerson-Churchill Tract)?or because RT and
RM-designated parcels have only been developed with single units?
If I add all the residential,Table 1 tells me the City has 5,868.47 acres,while Table 3 says the
General Plan allows 5,616.50 acres.That is closer,but given the many mis-identifications in
Figure 2 of the report,the closeness may be more coincidental than real.
In short,this section appears to add more confusion than light,which casts doubt on the
credibility of the following subsections that purport to make precise statements about the
existing state of the various sub-categories.
Page 29:For example,I live near the intersection of Irvine Avenue and Santiago,which to the
best of my knowledge is an entirely residential area.The patches of existing non-residential
development intensity near there shown in Figure 4 are puzzling to me,especially the cluster
between Windward Lane and Francisco Drive,which I am pretty sure is all single-family
residential.What kind of uses has CoreLogic found there?(this reminds we of the Arts and
Cultural report,where the Lyon Air Museum was placed in the middle of the Dover
Shores/Westcliff neighborhood).
Page 30:The description of acreage of Public Facilities and Utilities in Subsection 5.1.3 is hard
to believe since it mentions the Civic Center and libraries,yet they aren’t depicted on the Figure
5 that it directs readers to.FIre stations appear to be similarly omitted,as is the Corporation
Yard on Superior.
Page 32:Regarding Subsection 5.1.7 (Sphere of Influence),see above under Page 9.I do not
know the current status of the areas around West Santa Ana Heights,but their annexation
(especially of the country club)may be a priority for some residents.
Pages 34-41:As to Section 5.2 (Land Use Designations),as mentioned under Pages 25-27,it
is not clear if the totals provided represent the current General Plan,with annexations and
amendments,or the plan as it was when adopted in 2006.From Figure 8,it seems likely to be
the current plan,since it shows West Santa Ana Heights.
May 2024 LUE Background Analysis comments -Jim Mosher,5/28/2024 Page 7 of 9
At the end of Table 3,it appears the City believes the “area”of the Newport Beach is 13,017.90
acres,of which 12,978.85 acres or 99.97%has land use designations in the General Plan.
Remarkably,only 27.60 acres of this have been designated on “tidelands and submerged lands
of Newport Bay and the Pacific Ocean immediately adjacent to Newport Beach”(and would
have guessed the ocean and bay to be much larger than that.
This compares to Table 2,which,on Page 26,identified uses on 12,381.27 acres (including
30.23 acres of vacant land).The curious might wonder what the uses are on the unaccounted
for 13,017.90 -.12,381.27 =636.63 acres.This apparently partly because from Figure 2 on
page 27,it looks like Table 2 does not include the Randall Preserve or (to its north)Newport
Terrace;while from Figure 8 on page 41,the City GIS includes both –although I’m not sure
those add to 636.63 acres.
Page 41:The pronouncement under 5.2.1 (Residential)that “The Single Unit Residential
Attached (RS-A)designation,one of five residential land use designations,is the land use that
is the most common throughout Newport Beach and accounts for nearly one-third of the City’s
land”seems wrong.My understanding is RS-A is rare and the most common kind is RS-D
(Single Unit Residential Detached),which seems to be corroborated by Table 3 on page 35.
Page 42:In Subsection 5.2.3 (Industrial and Airport Supporting),the word “include”in the
conclusion that “Industrial Districts include the General Industrial designation”is misleading:
“General Industrial”is the only industrial designation in Newport Beach.
Page 42:In Subsection 5.2.4 (Public,Semi-Public,and Institutional),the statement that “Public,
Semi-Public,and Institutional lands make up nearly half of Newport Beach,at 46.53%.These
areas make up beaches,parks,open spaces,schools,the Civic Center,and the San Joaquin
Reservoir,among other public-serving facilities.”is confusing.The percentage presumably
refers to the (dry)land area of the City,not its total area including bay,harbor and ocean areas.
But it is unclear why reservoirs would be included while other submerged lands are not.
Page 43:Subsection 5.2.5 (Specific Plans)is interesting to include,especially since the
adopted General Plan included (and continues to include)directives to continue all then-existing
specific area plans and consider adding new ones –directives were subsequently ignored.
However,specific plans are a zoning type,not a General Plan land use designation as were the
preceding subsections.
If specific area plans are to be included in the existing conditions report,then it should include
the “Planned Community”zoning type,which occupies a far larger portion of the land area –
something one might not guess from the current LUE.
Page 45-46:As to the one Specific Area Plan that survived the 2010 rezoning (because,as
noted under Page 19,above,the County retained control over changes to it),the Santa Ana
Heights Specific Area Plan,it is interesting to see the maps provided.
However,these appear to be maps of the pre-annexation Orange County/Redevelopment
Agency specific area plan.They are not maps of the Santa Ana Heights Specific Area Plan
adopted by the City and encoded in NBMC Chapter 20.90.Whether required to do so by the
County,or not,the City added to the County plan the golf course areas previously within the City
limits (added to the Open Space and Recreational District)as well as the annexed estate homes
south of Mesa Drive (added to the Residential Equestrian District).That City plan,and not the
May 2024 LUE Background Analysis comments -Jim Mosher,5/28/2024 Page 8 of 9
County plan illustrated in this report,would be the specific area plan referenced in existing LU
3.3 (Opportunities for Change).
Page 46:As should be evident comparing Figure 9 to Figure 8,the large green “OSR”section,
left of top center,which happens to be just beyond the end of the JWA runway,is not within the
City limits and hence is not treated in the General Plan.
Page 47:The second paragraph of Section 5.3 (Land Use Needs)largely repeats the
information in the first.
Chapter 6:Issues and Opportunities
As a conversation starter for committee and community input,this barely more than a page of
“Issues and Opportunities”provides an even thinner gruel than it might at first seem.
As best as I can tell,it identifies no issues for discussion,but instead provides a warning that
any changes the existing plan would be difficult.
The only specific opportunity for change in the next 20 to 30 years seems to be a study of
Corona del Mar.
Wouldn’t one normally be asking if infrastructure is adequate to support growth?What amenities
are lacking?How much growth is desirable?What land uses are compatible and incompatible?
and so on?
Surprisingly,it doesn’t even seem to refer back to the immediately preceding Section 5.3 (Land
Use Needs)which suggested there could be land use issues associated with adding 8,000
additional housing units proposed by the Housing Element Implementation.
Page 48:Chapter 6 (Issues and Opportunities)opens by again dangling the promise readers
will gain “a baseline of understanding for what is on the ground compared to what is planned.”
But,again,the promise goes unfilled.
Page 48:Section 6.1 (Constraints to Land Use Changes)misstates Charter Section 423 by
omitting the limit to generating no more than 100 new peak hour trips.
Page 48:Section 6.2 (Opportunities for Land Use Changes)tells us Corona del Mar might be
an opportunity for change because of private investment in Sherman Library and Gardens,but it
does not tell us if CdM is already fully built to the current LUE limits,or still has capacity to
accommodate change.
Chapter 7:Recommendations
Given the near total absence of identified land use issues and opportunities,it is unsurprising
the recommendations are brief,vague and generally unsupported by the preceding analysis.
But it is still disappointing.
Page 50:In the opening paragraph of Chapter 7 (Recommendations),“through coordination”
was apparently intended to read “thorough coordination.”
Page 50:Section 7.1 (General Plan Consistency)makes an oblique reference to Figure LU 16
(Planning Sub-Areas)of the existing LUE as identifying “villages or neighborhoods.”As it
May 2024 LUE Background Analysis comments -Jim Mosher,5/28/2024 Page 9 of 9
acknowledges,Figure LU 16 does not represent an effort to identify neighborhoods,but rather
to identify areas likely to change during the 2006 planning period.
If the consultant wants to familiarize itself with the names by which areas are known,that could
be explored through its public outreach effort;for example,by asking contacts for their address
and what name they use to refer to their area.Before doing that,the consultant may find it
useful to consult the City’s list of named planned communities or its map of community
associations.
As to the term “villages,”I know not all residents find that useful.In fact,I know longtime
residents of Balboa (the community’s original name)strongly resent its being called “Balboa
Village.”Lido Village and Cannery Village may be among the few that have from the start
included “Village”as part of their name.
Page 50:The first sentence of Section 7.2 (Community Priorities)was presumably intended to
read “Any proposed land use changes should only be considered with robust community
engagement to understand the community’s current and anticipated needs”rather than
“without.”
Page 50:Section 7.3 (Balanced Communities)ends with a suggestion that specific plans are
“often”good to have,but provides no insight into why the specific plans cited in the 2006
General Plan were deleted.And despite the recommendation,the need for more specific plans
does not seem to have been identified as an issue or opportunity.
However people identify,and in addition to the other constraints mentioned by the author,it
seems worth noting that one of the purposes of having a LUE is so that people,including
business owners as well as residents,can enjoy a predictable future.
I know their are business property owners in the Airport Area who feel they bought into a
business park environment and feel deeply betrayed by the 2006 General Plan Update which
radically changed their environment by adding up to 2,200 residential units to it,something they
did not,and still do not want,and a decision they felt they had no input to.It is unclear they had
any input to the more recent decision to add another 2,577 units to their business park.
My Conclusions
I may have unrealistic expectations of what a background analysis is intended to provide,but I
found reading Dudek’s May 2024 Land Use Element Existing Conditions and Background
Analysis tedious and generally unrewarding.
It did not provide me with answers to any of the questions posed in my “General Comments”at
the start of this document.It was also disturbing to see many errors and inconsistencies in the
information it did present.
Land Use Element Existing Conditions and
Background Analysis
General Plan Update
MAY JUNE 2024
Prepared for:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
Prepared by:
27271 Las Ramblas
Mission Viejo, California 92691
Printed on 30% post-consumer recycled material.
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Table of Contents
SECTION PAGE NO.
Acronyms, Abbreviations, Key Terms ............................................................................................................................... v
1 Executive Summary.............................................................................................................................................. 7
2 Introduction .......................................................................................................................................................... 8
2.1 Overview .................................................................................................................................................. 8
2.2 Purpose and Process ............................................................................................................................. 8
2.3 Geography and Planning Area ............................................................................................................... 8
3 General Plan Review ......................................................................................................................................... 10
3.1 Land Use .............................................................................................................................................. 10
3.2 Harbor and Bay .................................................................................................................................... 11
3.3 Housing ................................................................................................................................................ 12
3.4 Historical Resources ........................................................................................................................... 13
3.5 Circulation ............................................................................................................................................ 13
3.6 Recreation ............................................................................................................................................ 14
3.7 Natural Resources ............................................................................................................................... 15
3.8 Safety ................................................................................................................................................... 16
3.9 Noise .................................................................................................................................................... 17
4 Regulatory Review ............................................................................................................................................. 19
4.1 State ..................................................................................................................................................... 19
4.1.1 Land Use Element Guidelines ............................................................................................... 19
4.1.2 California Coastal Commission ............................................................................................. 20
4.2 Regional ............................................................................................................................................... 20
4.2.1 Airport Land Use Compatibility .............................................................................................. 20
4.2.2 Water Supply .......................................................................................................................... 21
4.3 Local ................................................................................................................................................. 2221
4.3.1 Zoning Ordinance ............................................................................................................... 2221
4.3.2 Charter Section 423 .......................................................................................................... 2322
4.3.3 Local Coastal Program and Implementation Plan ........................................................... 2322
4.3.4 Concurrent Land Use Amendment ................................................................................... 2422
4.3.5 Specific Plans .................................................................................................................... 2523
5 Existing Conditions ........................................................................................................................................ 2625
5.1 Development ................................................................................................................................... 2625
5.1.1 Residential ......................................................................................................................... 2827
5.1.2 Commercial and Industrial ................................................................................................ 3028
5.1.3 Public Facilities and Utilities ............................................................................................. 3230
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5.1.4 Institutional ........................................................................................................................ 3230
5.1.5 Parks and Open Space ...................................................................................................... 3230
5.1.6 Other Land Uses ................................................................................................................ 3431
5.1.7 Sphere of Influence ........................................................................................................... 3432
5.2 Land Use Designations ................................................................................................................... 3734
5.2.1 Residential ......................................................................................................................... 4441
5.2.2 Commercial and Mixed-Use .............................................................................................. 4542
5.2.3 Industrial and Airport Supporting ...................................................................................... 4542
5.2.4 Public, Semi-Public, and Institutional ............................................................................... 4542
5.2.5 Specific Plans ..................................................................................................................... 4643
5.3 Land Use Needs .............................................................................................................................. 5047
6 Issues and Opportunities .............................................................................................................................. 5148
6.1 Constraints to Land Use Changes .................................................................................................. 5148
6.2 Opportunities for Land Use Changes ............................................................................................. 5148
7 Recommendations ........................................................................................................................................ 5350
7.1 General Plan Consistency ............................................................................................................... 5350
7.2 Community Priorities ....................................................................................................................... 5350
7.3 Balanced Communities ................................................................................................................... 5350
TABLES
Table 1. Anticipated Housing Opportunity Overlay Zoning District Rezone ............................................................. 2423
Table 2. Inventory of Existing Land Uses and Development .................................................................................... 2625
Table 3. Land Use Designation Categories ............................................................................................................... 3734
FIGURES
Figure 1. Planning Area and Sphere of Influence. ........................................................................................................... 9
Figure 2 Existing Land Uses and Development. ....................................................................................................... 2827
Figure 3. Existing Residential Development Density. ............................................................................................... 2928
Figure 4. Existing Non-Residential Development Intensity. ..................................................................................... 3129
Figure 5. Existing Public, Semi-Public, and Institutional Development ................................................................... 3331
Figure 6. Existing Land Uses and Development in Sphere of Influence ................................................................. 3633
Figure 7. Total Percentage of Acreage per Land Use Category ............................................................................... 4340
Figure 8. Land Use Designations in Newport Beach ................................................................................................ 4441
Figure 9. Santa Ana Heights Specific Planning Area ................................................................................................ 4845
Figure 10. Land Use Designations in the Santa Ana Heights Specific Planning Area ............................................ 4946
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Acronyms, Abbreviations, Key Terms
Acronym/Abbreviation/Term Expanded Form
AELUP Airport Environs Land Use Plan
CCC California Coastal Commission
City City of Newport Beach
FAR floor area ratio
Imp. Implementation Plan
LCP Local Coastal Program
Orange LAFCO Local Agency Formation Commission of Orange County
RHNA Regional Housing Needs Assessment
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1 Executive Summary
Land use planning guides the ultimate pattern of development for Newport Beach and interacts with all other
elements of planning by designating the general distribution of different land uses, including residential,
commercial, industrial, agricultural, and open space. Therefore, thoughtful and equitable land use planning
decisions provide opportunities to improve public health, reduce infrastructure costs, enhance local economies,
and address long-term environmental issues such as climate change and water resources. Because Newport Beach
is largely developed, the City of Newport Beach General Plan Land Use Element focuses on strategically
accommodating population and employment growth while preserving its distinguishing and valued qualities.
Policies and goals of the Land Use Element directly affect the establishment and maintenance of the
neighborhoods, districts, corridors, and open spaces that distinguish and contribute to Newport Beach’s livability,
vitality, and image.
This existing conditions and background analysis (report) provides an overview of land use in Newport Beach,
including adopted land use policies, and State, regional, and local regulatory and programmatic requirements, such
as the Airport Environs Land Use Plan for John Wayne Airport and the Newport Beach Local Coastal Plan. In addition,
this report assesses existing land uses and development in Newport Beach, the General Plan’s land use
designations, and how projected land use and development needs compare. The assessment compares existing
development to the maximum development capacity permitted under the land use designations.
There are currently 30 land use designations in Newport Beach, classified into seven primary use categories:
Residential Neighborhoods; Commercial Districts and Corridors; Commercial Office Districts; Industrial Districts;
Airport Supporting Districts; Mixed-Use Districts; and Public, Semi-Public, and Institutional. The Land Use Element
defines each land use designation and specifies the primary land use categories, types of uses, and the
densities/intensities to be permitted throughout Newport Beach.
One of the primary influences to the updated Land Use Element is the Housing Element Implementation Plan, which has
a separate but parallel amendment to the adopted Land Use Element to support housing production in areas identified
by the adopted Housing Element. The Implementation Plan will provide increased housing capacity for approximately
8,000 housing units. If approved, additional land use changes may be needed to support future residents.
Although future planned residential units present an opportunity to increase community-serving uses, such as retail,
employment, and entertainment, additional planned growth must consider a balanced approach. Changes in land
use that would be considered “significant increases” could require voter approval that could prove challenging.
Further, changes in land use may be limited due to the portions of Newport Beach that are in the coastal zone and
because of Newport Beach’s proximity to John Wayne Airport. Although there are constraints, potential land use
changes can strategically capitalize on planned improvements, such as public facilities. Further, an amendment to
the adopted Land Use Element could prioritize the types of development that the community most values.
Recommended changes to the adopted Land Use Element that should be considered through the General Plan
Update process include providing land uses that detail planned densities and intensities, providing a balance of
appropriately planned land uses that prioritize the aspirations of the community, and ensuring that land uses will
meet existing and planned needs without making implementation infeasible.
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2 Introduction
Land use planning is one of the most important tools and determinants in improving public health, enhancing local
economies, addressing long-term environmental issues, addressing safety issues, conserving land for parkland,
and guiding development to support projected populations and shifting demographics of Newport Beach residents.
As the community continues to grow and development opportunities are limited, planning for land in Newport Beach
will need to balance the community’s vision with regulatory consideration for accommodating the City of Newport
Beach’s (City) fair share of housing needs in Southern California.
2.1 Overview
This report provides an overview of the provisions of the Land Use Element from the City’s adopted General Plan. This
includes a description of the framework for consistency with local, State, and Federal regulations; ongoing amendments
to the adopted Land Use Element; existing development distribution compared to land use designations in Newport
Beach; and a high-level overview of needs and key issues and opportunities for land use planning and decisions.
2.2 Purpose and Process
A Land Use Element designates the proposed general distribution, location, and extent of the uses of land for
housing, business, industry, open space (including agriculture, natural resources, recreation, and enjoyment of
scenic beauty), education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, and
other categories of public and private uses of land. It serves as the central organizing element for the General Plan
as a whole, and it reflects land use distributions and conforms to the goals and policies of all other elements in the
General Plan. For example, the Land Use Element must accommodate specific land uses identified in the Natural
Resources Element, and identify waterways used for flood management identified in the Safety Element. Specific
goals and policies related to land uses from other elements in the City’s adopted General Plan are identified in
Chapter 3, General Plan Review.
The process for updating the Land Use Element is multifaceted. There are several statutory requirements and
related considerations that must be examined to develop appropriate policies that address identified needs and
opportunities while balancing the community’s vision for and preserving the character of Newport Beach. This
existing conditions and background report is the first step in updating the adopted Land Use Element. It identifies
the current land distribution; development patterns; ongoing amendments; and local, State, and Federal regulatory
requirements to identify issues and opportunities from a data-driven perspective. Community engagement and
visioning are critical components of updating a General Plan. During the final steps before developing a Land Use
Element, the needs and opportunities identified in related General Plan elements, including the Vision
ElementStatement, are considered to inform and create the goals and policies of the Land Use Element.
2.3 Geography and Planning Area
The City’s Planning Area is the identified boundary and extent for which the General Plan provides policies. As shown
in Figure 1, Planning Area and Sphere of Influence, the Planning Area includes the areas within the existing City
boundary, including waterways and its Sphere of Influence. The Sphere of Influence is considered in the
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development of the Land Use Element because it encompasses the area most likely to be the ultimate physical
boundaries and service area of local government agencies, as determined by the Local Agency Formation
Commission of Orange County (Orange LAFCO). Section 5.1.7, Sphere of Influence, provides a description of existing
developed land uses within the Sphere of Influence.
Newport Beach is in the Southern California region within the western edge of Orange County, adjacent to the Pacific
Ocean. It is generally bordered by Costa Mesa to the northwest, Irvine to the northeast, and unincorporated portions
of Orange County and Laguna Beach to the southeast. Newport Beach is surrounded by natural landscape, including
ecological preserves and marine conservation areas, State parks, and the Pacific Ocean. Although the landscape
provides open space and recreational opportunities and promotes public health, it also constraints the City from
identifying such areas for the development of housing and employment-generating land uses.
Figure 1. Planning Area and Sphere of Influence.
Source: City of Newport Beach GIS data. https://www.newportbeachca.gov/government/departments/
city-manager-s-office/information-technology-city-division/gis-mapping/data-catalog
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3 General Plan Review
The City’s adopted General Plan is organized into 10 chapters, or “elements.” Each element of the General Plan
presents an overview of its scope; a summary of conditions; and planning issues, goals, and policies. Although the
General Plan consists of individual elements, each of which addresses a specific area of concern, it also embodies
a comprehensive and integrated planning approach. As such, a summary of the components included in the City’s
adopted Land Use Element, as well as an overview of other elements of the General Plan that have goals and
policies that overlap with those of the Land Use Element, are provided in the sections that follow. Information for
this chapter is based on the City of Newport Beach General Plan, adopted in 2006.
3.1 Land Use
Consistent with State law, the City’s Land Use Element provides guidance regarding the ultimate pattern of
development for Newport Beach by designating the general distribution, location, and extent (including standards
for population density and building intensity) of the uses of land for housing, business, industry, agriculture, open
space, public facilities, and other categories of public and private uses. The primary purpose of the Land Use
Element is to identify the goals, policies, and standards of the General Plan that will guide the physical growth of
Newport Beach. As such, it is based on and correlates with the policies from all General Plan elements into a set of
coherent development policies, which serve as the central organizing element for the General Plan as a whole.
The Land Use Element includes three main components:
▪ Introduction: The introduction includes the purpose and general objectives of the Land Use Element, as
well as the overall relationship between the element’s development policies and the policies from all
elements of the General Plan as a whole.
▪ Existing Land Use Overview: Newport Beach’s unique physical setting, which offers many visual,
recreational, and environmental resources, has influenced the type and form of diverse land uses within
the community. This section of the Land Use Element provides an overview of Newport Beach’s existing
land use patterns, and briefly summarizes the general development patterns for Newport Beach’s existing
residential, retail, office, industrial, and recreational and open space uses.
▪ Goals and Policies: The overall focus of the Land Use Element is a conservative growth strategy emphasizing
the importance of maintaining neighborhoods, districts, corridors, and open spaces that distinguish and
contribute to the City’s livability, vitality, and image. As such, rather than generally distinguishing a range of
densities permitted within a land use designation, the adopted Land Use Element approaches its policies
for development of individual parcels as inseparable from those that address how they will fit together to
create places that are valued by the City’s residents. The Land Use Element contains 29 goals with
accompanying development policies that aim to guide land use development within Newport Beach. The
goals and policies in the Land Use Element pertain to how existing development is going to be maintained
and enhanced, and new development will occur.
Goals and corresponding policies are grouped into seven categories to address the following:
- Role and Character of Newport Beach (“Who We Are”): including goals and policies that address
Newport Beach’s unique environment, Citywide identity, natural resources, growth management,
economic health, and public views.
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- Uses to Be Accommodated (“What Uses Contribute to Our Community?”): including goals and policies
for a diversity of uses that support the needs of residents, sustain and enhance the economy, provide
job opportunities, serve visitors that enjoy the City’s diverse recreational amenities, and protect its
important environmental setting, resources, and quality of life.
- Organization and Form of Uses (“How Are Land Uses Distributed?”): including goals and policies that
promote a development pattern that retains and complements the City’s residential neighborhoods,
commercial and industrial districts, open spaces, and natural environment.
- Land Use Plan and Diagram: including goals and policies that establish the City’s Land Use Plan, which
depicts the general distribution of uses throughout Newport Beach; specific use categories for each parcel
within defined Statistical Areas; and the Land Use Plan categories, which specify the primary land use
categories, types of uses, and, for certain categories, the densities/intensities that may be permitted on
any parcel within the land use designations. The permitted densities/intensities or amount of
development for certain land use categories are not generally determined and are instead specified on
the Land Use Plan Statistical Area map, which conveys maximum and, in some cases, minimums that
may be permitted on any parcel within the designation. Additionally, the Land Use Plan and Diagram
determine precise development limits for certain parcels, which are referred to “Anomaly Locations.”
- Community Character (“Maintaining the Character of Our Neighborhoods and Districts”): including
goals and policies that provide for the maintenance and enhancement of Newport Beach’s residential
neighborhoods, commercial districts, employment centers, corridors, and open spaces, ensuring that
new development complements and reinforces these characteristics.
- All Neighborhoods, Districts, and Corridors: including goals and policies that support neighborhoods,
districts, and corridors that contain a diversity of uses and buildings that are mutually compatible and
enhance the quality of Newport Beach’s environment.
- Neighborhoods, Districts, and Corridors (“Places That Distinguish Newport Beach”): including goals
and policies that provide for the management of growth and change of existing neighborhoods,
districts, corridors, and public and civic uses.
3.2 Harbor and Bay
The Harbor and Bay Element are intended to guide the content of regulations related to development of, and the
activities conducted on, the water, as well as land-use decisions related to waterfront property around Newport
Harbor. Goals and policies within the Harbor and Bay Element aim to preserve the diversity and charm of existing
uses without unduly restricting the rights of waterfront property owners, and are organized to address water- and
land-related issues, provision of public access, water quality and environmental issues, visual characteristics, and
the administration of Newport Harbor and Newport Bay.
Goals and policies in the Harbor and Bay Element that are related to those in the Land Use Element include the following:
Goal HB 1: Preservation of the diverse uses of the Harbor and the waterfront that contribute to the charm and
character of Newport Bay, and that provide needed support for recreational boaters, visitors, and residents.
(See corresponding policies HB 1.1 and HB 1.2)
Goal HB 2: Retention of water-dependent and water-related uses and recreational activities as primary uses of
properties fronting on the Harbor. (See corresponding policies HB 2.1 through HB 2.6)
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Goal HB 3: Enhanced and updated waterfront commercial areas. (See corresponding policies HB 3.1 through HB 3.3)
Policy HB 5.1: Marinas and Dry Boat Storage Facilities: Protect and, where feasible through the use of new designs
and technology, enhance and expand marinas and dry boat storage facilities. (Imp. 2.1, 21.1)
Goal HB 6: Provision and maintenance of public access for recreational purposes to the City’s coastal resources
(Goal R9). (See corresponding policies HB 6.1 through HB 6.5)
Policy HB 7.4: Public Uses within Upper Newport Bay Ecological Reserve: Maintain public use of the Upper Newport
Bay Ecological Reserve to the extent such use is consistent with the preservation of sensitive resources.
(Policy NR 16.5) (Imp. 2.1, 23.1)
Policy HB 8.16: Siting of New Development: Require that development be located on the most suitable portion of
the site and designed to ensure the protection and preservation of natural and sensitive site resources that
provide important water quality benefits. (Policy NR 3.16) (Imp. 3.1 6.1)
Goal Policy HB 9.3: Structures Impacting Visual Resources Limit structures bayward of the bulkhead line to piers,
floats, groins, appurtenances related to marine activities, and public walkways. (Imp 2.1, 5.1) Adequate
harbor access for coastal-dependent harbor maintenance equipment and facilities. (See corresponding
policies HB 11.1 and HB 11.2)
Goal HB 11: Adequate harbor access for coastal-dependent harbor maintenance equipment and facilities. (See
corresponding policies HB 11.1 and HB 11.2)
3.3 Housing
The General Plan Housing Element addresses issues, goals, and policies related to ensuring an adequate supply of
housing opportunities for all residents. Unlike the other General Plan elements, State law sets forth specific
regulations regarding the content and breadth of the Housing Element. Typically Housing Elements must be updated
every 8 years in response to Regional Housing Needs Assessment cycles established by the State Department of
Housing and Community Development. In accordance with State law, the City adopted the 6th Cycle Housing
Element for the 2021–2029 planning cycle in September 2022, and received final certification in October 2022.
Under State law, a Land Use Element must designate the proposed general distribution and general location and
extent of the uses of the land for housing. Because the Housing Element describes the specific goals, policies, and
programs to assist the City in achieving its long-term housing objectives, numerous goals and policies relate to
those in the Land Use Element, including the following:
Policy HP 1.1: Identify a variety of sites to accommodate housing growth need by income categories to serve the
needs of the entire community. (See corresponding policy actions 1A through 1K)
Policy HP 4.1: Mitigate potential governmental constraints to housing production and affordability by increasing
the City’s role in facilitating construction of market-rate housing and affordable housing for all income
groups. (See corresponding policy actions 4E, 4H through 4L)
Policy HP 6.1: Encourage approval of housing opportunities for senior citizens and other special needs populations.
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Policy HP 7.1: Support fair and equal housing opportunities, and environmental justice considerations for all
housing opportunities in the City.
3.4 Historical Resources
The City’s Historical Resources Element addresses the protection and sustainability of Newport Beach’s historic
and paleontological resources. Goals and policies included in the Historical Resources Element are intended to
recognize, maintain, and protect the community’s unique historical, cultural, and archeological sites and structures.
As such, goals and policies in the Historical Resources Element relate to those in the Land Use Element that involve
maintaining the character of neighborhoods and districts, including the following:
Policy HR 1.2: Preservation or Re-Use of Historical Structures: Encourage the preservation of structures listed on
the National Register of Historic Places and/or the list of California Historical Landmarks, and/or the
Newport Beach Register of Historical Property. Provide incentives, such as grading reductions or waivers of
application fees, permit fees, and/or any liens placed by the City to properties listed in the National or State
Register or the Newport Beach Register of Historical Property in exchange for preservation easements.
(Imp. 8.2, 29.2)
Policy HR 1.4: Adaptive Re-use: Encourage alternatives to demolition of historical sites or structures by promoting
architecturally compatible rehabilitation or adaptive re-use. Provide incentives such as permit and
application fee waivers, flexible building requirements and free technical advice by person(s) qualified in
historical preservation. (Imp. 8.2, 29.2)
Policy HR 1.5: Historical Elements within New Projects: Require that proposed development that is located on a
historical site or structure incorporate a physical link to the past within the site or structural design, if
preservation or adaptive reuse is not a feasible option. For example, incorporate historical photographs or
artifacts within the proposed project or preserve the location and structures of existing pathways, gathering
places, seating areas, rail lines, roadways, or viewing vantage points within the proposed site design. (Imp.
29.2)
3.5 Circulation
The City’s Circulation Element, which was last updated in October 2022, addresses the movement of people and goods
via automobiles, transit, bicycles, and other modes. It addresses key issues, such as trip reduction; parking; bicycle,
pedestrian, and equestrian access; traffic flow; transportation improvements and funding; traffic safety; and
enhancement of public water transportation services. Under State law, the Circulation Element must correlate with the
Land Use Element. As such, the goals and policies in the Circulation Element are balanced with the goals and policies of
the Land Use and Housing Elements to provide a correlation between land use and transportation planning. In the City’s
General Plan, several goals and policies in the Circulation Element demonstrate connectivity between land uses in
Newport Beach or provide direction for new development to respond to any changes in land use. Some examples of goals
in the Circulation Element that correspond to access of certain land uses are the following:
Goal CE 1.1: An overall transportation system that facilitates the movement of people and goods within and
through the City of Newport Beach and accommodates conservative growth within the City of Newport
Beach but is not expanded primarily to accommodate growth in the surrounding region.
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Goal CE 2.1: A roadway system with no significant gaps that provides for the efficient movement of goods and people
in the City of Newport Beach, while maintaining the community’s character and its residents’ quality of life.
Goal CE 2.4: Truck routes that support goods movement to and from land use in the City while minimizing adverse
impacts to residents or businesses.
Examples of policies in the Circulation Element that correlate with the Land Use Element include the following:
Policy CE 1.1.2: Integrated System of Multiple Modes: Provide an integrated transportation system that supports
the land use plan set forth in the Land Use Element. (Imp. 2.1)
Policy CE 5.2.5: Travel Mode Connectivity: Ensure all active transportation networks are linked and provide
connectivity between transit, transit centers, and other major land uses such as village areas, commercial
centers, activity nodes, recreation facilities, schools, parks, and institutions so that residents can travel
within the community without driving. (Imp. 16.8, 16.11, 20.1)
Policy CE 7.1.6: Public Right of Way Curbside Management: Review areas with commercial uses (such as retail,
restaurant, and hospitality) to incorporate strategies to accommodate novel use of curb side right of way to
reduce passenger car use through drop-off or valet and accommodate rideshare as well as delivery
activities where appropriate. (Imp. 16.10)
Policy CE 8.1.5: Expanded Parking in Corona del Mar: Permit conversion of Corona del Mar residential lots adjacent
to commercial areas and commercial lots for parking to support commercial uses. Encourage continued
use of existing parking on residential zoned lots, as well as existing shared parking lots. (Imp. 2.1, 8.1, 8.2,
24.1)
Policy CE 8.1.7: Avon Street Municipal Parking Lot Relocation: Consider relocation of the Avon Street municipal lot
to better serve commercial uses in Mariners’ Mile. (Imp. 2.1, 16.10)
Policy CE 8.1.8: Public Use of Private Parking Facilities: Encourage the use of commercial, office, and institutional
parking areas for use as public parking to serve coastal recreational areas during weekends and holidays,
in conjunction with public transit or shuttles where appropriate. (Imp. 8.1, 8.2, 16.10)
Policy CE 8.1.12: Parking for Marine Recreational Users: Provide adequate parking as necessary in the vicinity of
visitor serving marine uses, including marinas, water transportation terminals, boat ramps, as well as
parking suitable for service vehicles in commercial marinas and berthing areas. (Imp. 16.12)
Policy CE 8.1.7: Avon Street Municipal Parking Lot Relocation: Consider relocation of the Avon Street
municipal lot to better serve commercial uses in Mariners’ Mile. (Imp. 2.1, 16.10)
3.6 Recreation
The City’s Recreation Element addresses the provision of parklands and recreation programs. Specific recreational
issues and policies contained in the Recreation Element include parks and recreation facilities, recreation
programs, shared facilities, coastal recreation and support facilities, marine recreation, and public access. The
primary purpose of the Recreatione Element is to ensure that the balance between the provision of sufficient parks
and recreation facilities are appropriate for the residential and business population of Newport Beach. The City’s
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Land Use Element projects additional population increases through infill development, intensification of existing
uses, and annexations. In addition, the Land Use Element allows for higher-density development within Newport
Beach where opportunities for different types of park and recreational facilities may arise. Therefore, the Recreation
Element includes policies that aim to address any unmet park and recreation needs of the present population and
the future demand for recreation facilities. Examples of goals and policies in the Recreation Element that are related
to the Land Use Element include the following:
Goal R 1: Provision of Facilities: Provision of adequate park and recreation facilities that meet the recreational
needs of existing and new residents of the community. (See corresponding Policies R 1.1 and R 1.2)
Policy R 2.2: Preservation of Public Parkland: Protect public parkland from non-recreational uses; any loss of
parkland through governmental action shall be replaced in-kind. (Imp. 23.1)
Policy R 5.6: New Joint-Use Facilities: Explore use of government-owned surplus or remnant parcels for public park
use. (Imp. 14.3, 14.8, 23.1)
Policy R 2.2: Preservation of Public Parkland: Protect public parkland from non-recreational uses; any loss of
parkland through governmental action shall be replaced in-kind. (Imp. 23.1)
Policy R 6.1: Preservation of Public Parkland: Protect recreational opportunities along the coast and beaches from
nonrecreational uses. Where feasible, expand and enhance recreational opportunities along the coast and
beaches. (Imp. 23.1, 21.4)
Policy R 6.3: Recreational Commercial Uses: Allow recreational commercial uses in commercial areas adjacent to
beaches and the bay. (Imp. 2.1)
Policy R 7.2: Facilities and Services Location: Distribute support facilities and services in coastal areas to avoid
overcrowding and overuse by the public. (Imp. 2.1, 23.1)
Policy R 8.2: Provision of New Facilities: Provide additional marine recreational, educational and support facilities
and opportunities as feasible. (Imp. 21.1, 23.1)
3.7 Natural Resources
The City’s Natural Resources Element provides direction regarding the conservation, development, and utilization
of natural resources. The Natural Resources Element addresses water supply (as a resource) and water quality
(includes bay and ocean quality, and potable drinking water), air quality, terrestrial and marine biological resources,
open space, mineral resources, visual resources, and energy, and provides goals and policies for their preservation,
development, and wise use. Several policies in the Natural Resources Element, such as those that affect siting and
development, public uses and open space, and preservation of visual resources, relate to those in the Land Use
Element, including the following:
Policy NR 6.1: Walkable Neighborhoods: Provide for walkable neighborhoods to reduce vehicle trips by siting
amenities such as services, parks, and schools in close proximity to residential areas. (Imp. 1.2, 2.1)
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Policy NR 6.2: Mixed-Use Development: Support mixed-use development consisting of commercial or office with
residential uses in accordance with the Land Use Element that increases the opportunity for residents to
live in proximity to jobs, services, and entertainment. (Imp. 1.2, 2.1)
Policy NR 10.5: Development in Areas Containing Significant or Rare Biological Resources: Limit uses within an
area containing any significant or rare biological resources to only those uses that are dependent on such
resources, except where application of such a limitation would result in a taking of private property. If
application of this policy would likely constitute a taking of private property, then a non-resource-dependent
use shall be allowed on the property, provided development is limited to the minimum amount necessary
to avoid a taking and the development is consistent with all other applicable resource protection policies.
Public access improvements and educational, interpretative and research facilities are considered
resource dependent uses. (Imp. 2.1)
Policy NR 10.9: Development on Banning Ranch: Protect the sensitive and rare resources that occur on Banning
Ranch. If future development is permitted, require that an assessment be prepared by a qualified biologist
that delineates sensitive and rare habitat and wildlife corridors. Require that development be concentrated
to protect biological resources and coastal bluffs, and structures designed to not be intrusive on the
surrounding landscape. Require the restoration or mitigation of any sensitive or rare habitat areas that are
affected by future development. (Imp 2.1, 14.7, 14.11, 14.12)
Policy NR 16.5: Public Uses within Upper Newport Bay Ecological Reserve. Maintain public use of the Upper
Newport Bay Ecological Reserve to the extent such use is consistent with the preservation of sensitive
resources. (Policy HB 7.4) (Imp. 2.1, 23.1)
Goal NR 17: Maintenance and expansion of designated open space resources. (See corresponding Policies
NR 17.1 through NR 17.3)
Goal NR 20: Preservation of significant visual resources. (See corresponding Policies Nr 20.1 through NR 20.5).
Goal NR 22: Maintain the intensity of development around Newport Bay to be consistent with the unique character
and visual scale of Newport Beach.
Goal NR 23: Development respects natural landforms such as coastal bluffs.
3.8 Safety
The primary goal of the City’s Safety Element is to reduce the potential risk of death, injuries, property damage, and
economic and social dislocation resulting from natural and human-induced hazards. The Safety Element specifically
addresses coastal hazards, geologic hazards, seismic hazards, wildland and urban fire hazards, hazardous
materials, disaster planning, aviation hazards, and flood hazards, and identifies areas subject to flooding. The
Safety Element also includes policies and programs to minimize impacts, including several policies that provide
direction for new development and existing land uses that aim to respond to adverse effects resulting from natural
and human-induced hazards. Examples of Safety Element policies that are related to those in the Land Use Element
include the following:
Policy S 3.5: Protection of Coastal-Dependent Uses: Permit revetments, breakwaters, groins, harbor channels,
seawalls, cliff retaining walls and other structures altering natural shoreline processes or retaining walls
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when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger
from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply.
(Imp. 21.1)
Policy S 4.4: New Essential Facility Siting: Regulate the location of new essential facilities within areas that would
directly be affected by seismic or geologic hazards, in accordance with state law. (Imp. 2.1)
Policy S 4.5: New Essential Facility Siting: Regulate the location of new sensitive facilities such as schools,
hospitals, and facilities for the elderly population, within 500 feet to active and potentially active faults, in
accordance with state law. (Imp. 2.1)
Policy S 5.1: New Development Design within 100-year: Require that all new development within 100-year
floodplains incorporate sufficient measures to mitigate flood hazards including the design of onsite
drainage systems that are connected with the City’s storm drainage system, gradation of the site such that
runoff does not impact adjacent properties, and buildings are elevated. (Imp. 6.1)
Policy S 6.3: New Development Design: Site and design new development to avoid the need to extend fuel
modification zones into sensitive habitats. (Imp. 2.1, 6.1)
Policy S 7.5: Siting of Sensitive Uses: Develop and implement strict land use controls, performance standards, and
structure design standards including development setbacks from sensitive uses such as schools, hospitals,
day care facilities, elder care facilities, residential uses, and other sensitive uses that generate or use
hazardous materials. (Imp. 2.1)
Policy S 8.5: Limit John Wayne Airport Expansion: Oppose any facility expansions that would increase air operations
at John Wayne Airport, except those described in the Settlement Agreement Extension. (Imp. 14.3)
Policy S 8.6: John Wayne Airport Traffic Pattern Zone: Use the most currently available John Wayne Airport (JWA)
Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land use compatibility and
land use intensity in areas affected by JWA operations. In particular, future land use decisions within the
existing JWA Clear Zone/Runway Protection Zone (Figure S5) should be evaluated to minimize the risk to
life and property associated with aircraft operations. (Imp. 14.3)
Policy S 9.7: Existing Development within 100-year Flood Zones: Implement flood warning systems and evacuation
plans for areas that are already developed within 100-year flood zones. (Imp. 28.2)
3.9 Noise
The City’s Noise Element identifies noise-sensitive land uses and noise sources, and defines areas of noise impact.
Goals and policies within the Noise Element provide a framework to ensure that Newport Beach residents will be
protected from excessive noise intrusion. These policies are designed to maintain compatible land uses and
environmental noise levels. Examples of goals and policies in the Noise Element that integrate noise considerations
into land use planning include the following:
Policy N 1.1: Noise Compatibility of New Development: Require that all proposed projects are compatible with the
noise environment through use of Table N2, and enforce the interior and exterior noise standards shown
in Table N3. (Imp. 2.1)
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Policy N 1.4: New Developments in Urban Areas: Require that applicants of residential portions of mixed-use
projects and high density residential developments in urban areas (such as the Airport Area and Newport
Center) demonstrate that the design of the structure will adequately isolate noise between adjacent uses
and units (common floor/ceilings) in accordance with the California Building Code. (Imp. 7.1)
Policy N 1.7: Commercial/Entertainment Uses: Limit hours and/or require attenuation of commercial/
entertainment operations adjacent to residential and other noise sensitive uses in order to minimize
excessive noise to these receptors. (Imp. 2.1, 8.1, 8.2)
Policy N 2.2: Design of Sensitive Land Uses: Require the use of walls, berms, interior noise insulation, double
paned windows, or other noise mitigation measures, as appropriate, in the design of new residential or
other new noise sensitive land uses that are adjacent to major roads. Application of the Noise Standards
in Table N3 shall govern this requirement. (Imp. 7.1)
Policy N 3.1: New Development: Ensure new development is compatible with the noise environment by using
airport noise contours no larger than those contained in the 1985 JWA Master Plan, as guides to future
planning and development decisions. (Imp. 2.1, 3.1, 4.1)
Policy N 3.2: Residential Development: Require that residential development proximate to John Wayne Airport shall
not be located on parcels wholly within the John Wayne Airport 65 dBA CNEL noise contour shown in Figure
N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial
evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle
RHNA mandate. Require developers of residential or mixed-use land uses with a residential component to
notify prospective purchasers or tenants of aircraft noise. Additionally, require outdoor common areas or
recreational areas of residential or mixed-used developments to be posted with signs notifying users
regarding the proximity to John Wayne Airport and the presence of operating aircraft and noise. Require
that residential development in the Airport Area be located outside of the 65 dBA CNEL noise contour no
larger than shown in the 1985 JWA Master Plan and require residential developers to notify prospective
purchasers or tenants of aircraft overflight and noise. (Imp. 2.1, 3.1, 4.1)
Policy N 4.2: New Uses: Require that new uses such as restaurants, bars, entertainment, parking facilities, and
other commercial uses where large numbers of people may be present adjacent to sensitive noise receptors
obtain a use permit that is based on compliance with the noise standards in Table N3 and the City’s
Municipal Code. (Imp. 2.1)
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4 Regulatory Review
Land Use Elements are mandated by State General Plan requirements, and there are also State, regional, and local
policies, programs, and regulations that support and influence Land Use Elements. This chapter outlines key
requirements, policies, and programs as they relate to the Land Use Element.
4.1 State
Land Use Elements are a required element of General Plans. They designate the proposed general distribution,
location, and extent of the uses of land for housing, business, industry, open space, and other categories of public
and private uses of land. In addition to State land use regulations, other regulations can influence land use.
4.1.1 Land Use Element Guidelines
Land Use Elements and their requirements are mandated by the State, although there are certain aspects that the
State recommends or incentivizes. The California Governor’s Office of Planning and Research is required to adopt
and periodically revise the State General Plan Guidelines for the preparation and content of General Plans for all
cities and counties in California, consistent with Government Code Section 65302, which establishes the content,
statutory requirements, and consultation for the General Plan.
The guidelines provided by the Office of Planning and Research focus on the importance of the Land Use Element
to implement policies from other elements related to land use. For example, elements related to conservation,
noise, and circulation should serve as guides for establishing a pattern of land use that minimizes the exposure of
residents to excessive noise. Additionally, the guidelines emphasize the needs for a land use plan to implement the
Regional Housing Needs Allocation and consider population growth and trends, community and regional
demographics, the local mix of jobs and housing, economic trends, and infrastructure needs. Government Code
Sections 65302–65302(a) specifically required the Land Use Element to designate the proposed general
distribution, location, and extent of land uses, and need to provide a diagram or diagrams for the following:
▪ Housing, business, and industry
▪ Open space, including agricultural land, watersheds, natural resources, and recreation
▪ Recreation facilities and opportunities
▪ Educational facilities
▪ Public buildings and grounds
▪ Future solid and liquid waste facilities
▪ Greenways
▪ Timberland Preserve Zone lands
▪ Areas subject to flooding, identified by either flood plain mapping prepared by the Federal Emergency
Management Agency or the California Department of Water Resources, or mapped flood areas adopted by
the local community on Flood Insurance Rate Maps
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▪ Military land use compatibility and impacts to military readiness
▪ Other categories of public and private uses of land, such as marine protected areas
Through the update of the adopted Land Use Element, the Land Use Element will designate and provides a diagram
or diagrams identifying the proposed distribution, location, and extent of land uses, as applicable.
4.1.2 California Coastal Commission
The California Coastal Act is a State law that governs development in the coastal zone, and the California Coastal
Commission (CCC) is the State agency that implements the California Coastal Act. The CCC maintains regulatory
authority and permitting jurisdiction over the use of land and water in the coastal zone until a local government
prepares a Local Coastal Program (LCP) that includes both a Land Use Plan and an Implementation Plan. Generally,
the Land Use Plan is either a portion of a city’s General Plan or a distinct plan that indicates the kinds, locations,
and intensities of land uses in that city’s coastal zone and includes resource protection and development policies.
The Implementation Plan is made up of zoning ordinances and maps that implement and further delineate the
policies of the Land Use Plan, and it can be a distinct ordinance or part of a city’s larger zoning code. After approval
of the LCP by the local government, the CCC reviews the LCP for consistency with the policies of the California
Coastal Act and certifies it. Once a local government’s LCP is certified, the CCC delegates permitting authority for
development within the coastal zone to that local government. The LCP is the standard regulatory and permitting
guide for development in a city’s coastal zone. The Newport Beach LCP was certified by the CCC in 2017 and is
further discussed in Section 4.3.3.
4.2 Regional
Regional influences can help to inform local land use policies and decisions. A variety of agencies, uses, regulations,
and resources at the regional scale influence land use in Newport Beach and are further discussed in this section.
4.2.1 Airport Land Use Compatibility
In 1967 the California State Legislature authorized the creation of Airport Land Use Commissions to protect the
public health and safety within areas around public airports.1 The specific commissions are established at the
county level, governed by Public Utility Code Section 21670, which must create an Airport Land Use Compatibility
Plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the
jurisdiction of the commission, in accordance with Public Utility Code Section 21675(a). Local General Plans and
zoning must be consistent with Airport Land Use Compatibility Plans.
Although there is no airport within the City’s boundaries, John Wayne Airport abuts the City’s northern-most
boundary, referred to as “Airport Area” in the adopted Land Use Element. The Orange County Airport Land Use
Commission’s John Wayne Airport: Airport Environs Land Use Plan2 (AELUP) provides guidelines, land use policies,
and actions for the development of land in the Airport Area to protect public health and safety. The AELUP
establishes standards to protect the public from aircraft noise and potential aircraft accidents, to prevent
1 California Department of Transportation: https://dot.ca.gov/programs/aeronautics/airport-land-use-planning.
2 Orange County Airport Land Use Commission. 2008. Airport Environs Land Use Plan for John Wayne Airport. April 17, 2008.
https://files.ocair.com/media/2021-02/JWA_AELUP-April-17-2008.pdf?VersionId=cB0byJjdad9OuY5im7Oaj5aWaT1FS.vD.
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development from encroaching in navigable airspace, and to prevent activities or facilities that could be unfavorable
for airport operations.
Standards in the AELUP that impact land use include the following:
▪ Noise. Noise contours established by the AELUP provide guidance on the types of land uses that are
appropriate given the noise levels. Sensitive uses, such as residential uses and certain community facilities
that may contain sensitive populations, should be avoided in areas with higher noise levels, unless the
building uses materials and is designed in a manner to attenuate noise to appropriate levels.
▪ Hazards. Zones are established by the AELUP to identify areas with the greatest potential for aircraft
accidents. To minimize the risk for loss of life and property, residential uses are prohibited in these areas,
and intensity of any use developed should be minimized.
▪ Height Restrictions. To maintain navigable airspace, the height, location, and visibility of development must
be considered. Per Federal Aviation Regulation Part 77, Section 77.13(a), notice to the Federal Aviation
Administration is required for any proposed structure more than 200 feet above ground level.
Given the regulations of the AELUP and the limitations imposed on lands in the Airport Area, future land use changes
must consider potential conflicts with the AELUP and the operations of the airport.
4.2.2 Water Supply
Per the City’s 2020 Urban Water Management Plan, the City’s water supply comes from a combination of imported
water, which includes water from the Colorado River and the State Water Project; recycled water; and local
groundwater, with groundwater from the Orange County Basin comprising the largest share.3 In fiscal year
2019/2020, water supplies consisted of 68% groundwater, 28.5% imported water, and 3.5% recycled water. By
2045, groundwater is expected to total 82% of water supply, followed by imported water (14.5%) and recycled water
(3.5%). This indicates a growing reliance on groundwater and a shrinking dependence on imported water. However,
the City’s 2020 Urban Water Management Plan also refers to the Metropolitan Water District of Southern
California’s Seawater Desalination Program, which provides incentives for developing new seawater desalination
projects in the Metropolitan Water District of Southern California’s service area. Desalination projects would help
to reduce reliance on imported water and increase local resilience.
Water service is provided by the City Utilities Department, which is responsible for operation and maintenance,
wastewater, and the storm drain system. The Utilities Department and Public Works Department work
collaboratively to plan water supply and distribution system improvements. The City’s water service area covers
approximately 11 square miles, bounded by the Pacific coast and surrounding cities of Huntington Beach, Costa
Mesa, Laguna Beach, and Irvine. Although the City’s water service area covers most of the City’s boundaries, some
areas lie outside the service area and are served by Irvine Ranch Water District (IRWD) and Mesa Water District
(Mesa Water). Additionally, the City operates a wellfield with a total capacity of 10,900 gallons per minute (gpm),
15 recycled water connections, 6 inter-agency emergency interconnections and manages about 300-mile water
mains system with 26,765 service connections.4
3 City of Newport Beach. 2020. 2020 Urban Water Management Plan: Final Draft. May 2020.
https://www.newportbeachca.gov/government/departments/utilities/water-services.
4 Ibid.
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Water use within the City’s service area has been relatively stable, with an average of 15,413 acre-feet per year, of
which potable water use accounted for 97%. Of this usage in fiscal year 2019/2020, residential use comprised
58.9%; commercial, institutional, and industrial comprised 18.2%; and large landscape/irrigation comprised
18.1%; with the remaining other uses comprising 4.8%. In compliance with SB 7 as part of the Seventh Extraordinary
Session (SBx7-7), known as the Water Conservation Act of 2009, the City more than met its 2020 water use target
of 207 gallons per-capita per day, achieving an average of 160 gallons per-capita per day.
To plan for the event of water shortage due to drought, a catastrophic event (e.g., earthquake), or other
circumstances, the City has created a Water Shortage Contingency Plan, the most recent in 2020, to help maintain
adequate, reliable supplies and reduce impacts of supply interruptions. The Water Shortage Contingency Plan
provides real-time water supply availability assessments and strategic steps to respond to actual conditions.5
The City provides water services to a 36-square-mile service area and approximately 67,000 residents through
26,524 service connections.6 The two main sources of water are the Lower Santa Ana River Groundwater Basin,
which is managed by the Orange County Water District, and imported water from the Municipal Water District of
Orange County, a member agency of the Metropolitan Water District of Southern California. Recycled water provided
by the Orange County Water District accounts for approximately 3.5% of the City’s overall water supply. Groundwater
accounts for 28.5% of the overall supply, and imported water accounts for 68%. Groundwater is provided by the
Orange County Water District and is pumped from four active wells in the City of Fountain Valley. Imported water is
purchased from the Municipal Water District of Orange County and is sourced from the Colorado River Aqueduct
and the State Water Project, treated at the Diemer Filtration Plant in Yorba Linda and the Weymouth Filtration Plant
in the San Gabriel Valley, and delivered through the City’s six imported water connections.
The 20x2020 Water Conservation Plan, issued by the California Department of Water Resources in 2010 pursuant
to the Water Conservation Act of 2009 (Senate Bill X7-7), established a Statewide water conservation target of 20%
reduction in water use by 2020 compared to the State’s 2005 baseline use. The Orange County 20x2020 Regional
Alliance (Municipal Water District of Orange County) was created to assist in complying with Senate Bill X7-7 targets.
The City is a member of the Orange County 20x2020 Regional Alliance, alongside 29 agencies in Orange County.
In compliance with Senate Bill X7-7, the City has met its 2020 water use target of 207 gallons per-capita per day,
having achieved 160 gallons per-capita per day.3
4.3 Local
4.3.1 Zoning Ordinance
Zoning ordinances are essential regulatory tools that implement the General Plan. Although Land Use Elements
designate the type, intensity, location, and character of land uses allowed throughout a city, a city’s Zoning Code regulates
specifically how land may be developed to achieve that vision. The City’s zoning rules are located in Title 20 of the
Newport Beach Municipal Code. The Zoning Code contains standards to regulate aspects of development, including use,
standards for development (such as size and height of buildings), standards for design (such as site and building design),
5 City of Newport Beach. 2021. 2020 Water Shortage Contingency Plan. June 2021.
https://www.newportbeachca.gov/government/departments/utilities/water-services.
6 City of Newport Beach. 2021. 2020 Urban Water Management Plan: Final Draft. May 2021. https://www.newportbeachca.gov/
government/departments/utilities.
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administration and procedures for reviewing and approving development projects, and performance standards. The
City’s Zoning Code was last comprehensively updated in 2010, with subsequent amendments.
4.3.2 Charter Section 423
On November 7, 2000, the City’s electorate approved Measure S, which amended the Newport Beach City Charter
by adding Section 423. Section 423 of the City Charter requires voter approval of “major amendments” to the
Newport Beach General Plan. A “major amendment” is defined as an amendment “that significantly increases the
maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity.”
Section 423 provides further clarity by defining “significant increases” to include “over 100 peak hour trips (traffic),
or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity).”
In accordance with Section 423, a major amendment to the General Plan cannot take effect unless it has been
submitted to the voters and approved by a majority of those voters. Charter Section 423 encourages the City Council
to adopt implementing guidelines that are consistent with its purpose and intent. Proposed amendments to the
General Plan must first be considered and approved by the City Council.
4.3.3 Local Coastal Program and Implementation Plan
The CCC maintains regulatory authority and permitting jurisdiction over the use of land and water in the coastal
zone until a local government prepares an LCP that includes both a Land Use Plan and an Implementation Plan.
The Newport Beach LCP was certified by the CCC in 20177 and has been amended regularly to clarify and update
existing policies and to incorporate new policies to reflect emerging planning issues and the best available science.
The LCP acts as the standard regulatory and permitting guide for development in the coastal zone within Newport
Beach and its Sphere of Influence, with the exception of Newport Coast and Banning Ranch. The LCP acts in tandem
with the adopted Land Use Element, which provides specific densities and number of permitted units for select
parcels. While Newport Coast is within the City’s boundary, the Newport Beach LCP does not address Newport
Coast. This is because Pprior to the incorporationannexation of Newport Coast into of the City of Newport Beach,
the Newport Coast was addressed in the Orange County of Orange LCP, which was developed and certified by the
CCC in 1988, when a majority of county lands were undeveloped and unincorporated. As the Newport Coast
segment of the Orange County of Orange LCP has not been updated since its certification, the Newport Beach LCP
supersedes as the regulatory and permitting authority of the Newport Coastit is still the regulatory document for
areas in the Coastal Zone in Newport Coast.
In accordance with Title 21 of the Newport Beach Municipal Code, wWhere conflicts may arise between the City’s
LCP and the adopted Land Use Elementordinance or element of the General Plan, the Coastal Land Use Plan plan
with the identified intensity or density that is most protective of coastal resources shall prevail, but shall not be
interpreted to allow development to exceed limits established by the General Plan or its implementing ordinance.
The Land Use Plan of the LCP contains three key chapters: Land Use and Development, Public Access and
Recreation, and Coastal Resource Protection. The Land Use and Development Chapter addresses land use.
7 The Land Use Plan portion of the Local Coastal Program (LCP) was first certified by the California Coastal Commission (CCC) in
2005, and the Implementation Plan followed in 2017. An LCP is not considered certified until both the Land Use Plan and
Implementation Plan are approved by the CCC.
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4.3.4 Concurrent Land Use Amendment
In addition to the aforementioned local programs and policies that influence the adopted Land Use Element, the
City is currently undertaking a parallel but separate amendment to its adopted Land Use Element. The concurrent
Land Use Element amendment is part of the Housing Element Implementation Plan to support housing production
in the focus areas identified by the adopted Housing Element. Proposed policies of the draft Land Use Element
amendment include the following:
• Rezoning to Accommodate Housing Opportunities - Rezoning in five key areas to accommodate densities
between 20 and 50 dwelling units per acre in the Airport Area Environs, West Newport Mesa, Newport
Center, and Dover/Westcliff areas and between 20 and 60 dwelling units per acre in the Coyote Canyon
area.
• Residential Uses and Residential Densities - Clarifying that the densities established for the areas are an
average over the entirety of a project site and that while some phases of a development may vary in density,
the maximum established is applied as an average across the project site.
• Continuation of Existing Development – Confirming that existing uses allowed by the General Plan may
continue operating in conformance with existing regulations.
• Redevelopment and Transfer of Development Rights – Allows for the conversion of uses as long the building
floor area is not increased and as long as average daily trips and peak hour traffic trips are not increased
beyond the existing allowed use.
Although the concurrent amendment to the adopted Land Use Element is not finalized, the adopted Housing
Element identifies five key areas where a Housing Opportunity Overlay Zoning District will be applied to
accommodate new housing. . The proposed land use changes create an overlay allowing residential and mixed-
uses. Because this is an overlay, existing development opportunities remain. This approach provides opportunity to
create balanced communities that provides a variety of services and resources for existing and future residents.
These areas and their anticipated housing capacity are detailed in Table 1
Table 1. Anticipated Housing Opportunity Overlay Zoning District Rezone
Area Identified Anticipated Acreage Anticipated Housing Capacity (number of units)
Airport Area Environs 172 2,577
West Newport Mesa 47 1,107
Dover-Westcliff 20 521
Newport Center 163 2,439
Coyote Canyon 34 1,530
Source: Newport Beach adopted Housing Element.
Due to the increased housing capacity, the Housing Element Implementation Plan’s amendment to the adopted
Land Use Element will be subject to a vote of the electorate pursuant to Charter Section 423. This concurrent
amendment is expected to be on the November 2024 ballot.
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4.3.5 Specific Plans
Specific Plans act as a form of a land use overlay to implement the goals and policies of General Plans. Specific
Plans contain development standards and implementation measures for an identified geographic area, providing
standards beyond those established by the base zone. Specific Plans can work in conjunction with the base zone,
or can allow uses and provide regulations for uses not permitted by the base zone. California Government Code
Sections 65450–65457 establish regulations for what Specific Plans should address. Although charter cities are
exempt from the specific plan statutes contained in Government Code §65450-65457, once a charter city adopts
a specific plan, the city must make findings of consistency between the specific plan and any proposed tentative
subdivision map before the subdivision can be approved. Title 20, Chapter 20.58 of the Newport Beach Municipal
Code establishes procedures for the preparing, processing, reviewing, adopting, and amending Specific Plans. The
City has one adopted Specific Plan, Santa Ana Heights Specific Plan, which is further detailed in Section 5.2.5.
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5 Existing Conditions
Newport Beach is primarily a residential community, offering significant recreational and open space opportunities.
Much of what defines Newport Beach and what is valued by the community can be seen through its built
environment. One such example can be seen in the City’s Civic Center and Park, which includes City Hall; a public
green; the Central Library; a parking structure; and a community park with a pedestrian bridge, art sculptures, and
other amenities. The Civic Center serves as a key community amenity, and demonstrates the value that public
facilities can offer to a community. Additionally, the City recently approved a new Central Library Lecture Hall, which
will further the City’s reputation as a community that values arts, education, and civic pride.
This chapter extrapolates data on the existing or “on the ground” land uses and development. A comparison of
allowable land use buildout based on the adopted General Plan land use designations to current development can
help to reveal gaps between existing and allowable land uses and development, opportunities for redevelopment,
and the balance of the variety of uses offered in Newport Beach.
5.1 Development
This section assesses the extent, density, and intensity of existing or “on the ground” development in Newport
Beach using base canvas GIS data from Urban Footprint, which used 2023 parcel reference data from
CoreLogicpublicly available 2019 Parcel Data from Southern California Association of Governments.8 The data
reflected builds upon County Assessor Parcel data to identify the use of land, building footprints, and building
typologies. As shown in Table 2, Inventory of Existing Land Uses and Development, there are approximately 39
million square feet of built development, the majority within the commercial and industrial, public facilities and
utilities, institutional developed uses categories. There are also approximately 45,097 dwelling units in Newport
Beach, with the majority as single-family building typologies, followed by multi-family, and some dwelling units within
vertical and horizontal mixed-use development types. As shown in Figure 2, Existing Land Uses and Development,
more than two-thirds of Newport Beach’s land is developed, and most of the remaining land is reserved for parks,
natural resources, and open space which includes undevelopable land and golf courses. There are approximately
30 acres of vacant developable land. The lack of developable land in Newport Beach’s indicates that Newport
Beach is mostly built-out. The following sections assess existing development by developed use category.
Table 2. Inventory of Existing Land Uses and Development
Developed Uses
Building
Area (square
feet)
Dwelling
Units
Average
Intensity
(FAR)
Average
Density
(units per
acre)
Parcel
Acreage
Residential - 45,097 - 15.6 5,868.47
Single-Family - 30,828 - 5.8 5,307.49
Multi-Family - 14,269 - 25.4 560.98
8 Urban Footprint base canvas parcel data from CoreLogic, “Parcel Reference Data” (https://www.corelogic.com/), compiled from
2023 County Assessor and tax data, and United States Census Bureau’s 2020 Census of Population and Housing, 2021
(https://www.census.gov/programs-surveys/decennial-census/decade/2020.html).
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Developed Uses
Building
Area (square
feet)
Dwelling
Units
Average
Intensity
(FAR)
Average
Density
(units per
acre)
Parcel
Acreage
Commercial and
Industrial 34,101,191 631 0.49 - 1,536
Retail/Commercial 20,473,114 525 0.43 - 1,124.60
Commercial recreation 1,411,437 177 0.43 - 74.45
Office 12,376,914 72 0.91 - 296.93
Industrial/Warehouse 251,436 - 0.15 - 39.8
Public Facilities and
Utilities 754,656 - 0.02 - 613.15
Civic Facilities 296,153 - 0.02 - 399.04
Utilities 183,000 - 0.20 - 214.11
Institutional 4,615,898 - 0.44 - 240.15
Education 678,868 - 0.02 - 221.18
Hospitals 3,937,030 - 4.76 - 18.97
Parks and Open
Space - - - - 5,876.01
Parks/Recreation - - - - 559
Open Space - - - - 3,888
Natural Conservation - - - - 1,429
Other 112,820 - 0.02 - 1,696.82
Agriculture 11,020 - 0.02 - 273.69
Cemeteries 800 - 0 - 44.95
Vacant - - - - 30.23
Total 39,309,062 45,728 - - 12,381.27
Sources: Urban Footprint base canvas parcel data from CoreLogic, Parcel Reference Data 2023.
FAR = floor area ratio
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Figure 2 Existing Land Uses and Development.
Source Dudek, Urban Footprint base canvas parcel data from CoreLogic, Parcel Reference Data 2023
5.1.1 Residential
As shown in Figure 2, Existing Residential Development, Newport Beach is a primarily residential community. The
majority of residential uses consist of traditional single family residential houses. Areas near key corridors and near
the coast provide more variety in residential development, offering duplexes, triplexes, condominiums, and
apartments. Increased density on smaller residential lots is common in coastal areas in southern California where
coastal neighborhoods tend to exhibit walkable and urban development patterns, due in part to the finite nature of
land availability. As shown in Table 2, Inventory of Existing Land Uses and Development, developed residential
parcels make up 5,868.47 acres, about 47%, of the total land area, indicating that Newport Beach is predominantly
a residential city. Low-density, single-family parcels alone make up about 42% of Newport Beach and provide
30,828 homes at an average of 5.8 dwelling units per acre. Higher-density, multi-family residences, such as
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condominiums and apartments, make up 4.5% of Newport Beach and provide 14,269 homes at an average of 25.4
dwelling units per acre.
Figure 3, Existing Residential Development Density, provides a sense of which areas are most densely developed
with residential uses. In general, the western half of Newport Beach is denser than the eastern half. Balboa
Peninsula, Balboa Island, and Corona del Mar are especially dense neighborhoods, and Newport Coast and Westcliff
are some of the least dense neighborhoods.
Figure 32. Existing Residential Development Density.
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Source: Dudek, Urban Footprint base canvas parcel data from CoreLogic, Parcel Reference Data 2023SCAG, 2019 Annual Land
Use.
5.1.2 Commercial and IndustrialNon-Residential Development
Non-residential development varies from offices, commercial services, public facilities, institutional, and industrial
uses. As shown in Figure 3, Existing Non-Residential Development, non-residential development is concentrated in
key areas across Newport Beach. Figure 3 shows the intensity of development through a comparison of the building
footprint to the total parcel area, represented as a ratio. Non-residential development is primarily concentrated in
Newport Center, the Airport Area, West Newport Mesa, Corona del Mar, and along the coast. These areas offer
essential services for residents and visitors alike providing retail and dining opportunities, entertainment,
employment, and more.
Commercial and industrial land uses include retail and other private businesses, offices, industrial facilities, and
warehouses. As shown in Table 2, these land uses make up 12% of land in Newport Beach and include 34,101,191
square feet of built development. Retail and office spaces make up a majority of this land use category, and there
are relatively few industrial uses in Newport Beach. The average floor area ratio (FAR), or ratio of total building
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square-footage to parcel area, for this land use category is 0.49. This FAR is higher than any other land use category
in Newport Beach, and indicates that development is relatively intense on commercial and industrial parcels. This
is especially true for office parcels, which have an average FAR of 0.95.
Figure 4, Existing Non-Residential Development Intensity, provides a sense of which areas in Newport Beach are
most developed with commercial, industrial, and other non-residential uses by showing the FAR of all non-
residential parcels. As shown, Newport Center/Fashion Island, the area near John Wayne Airport, and certain
parcels near the intersection of Highway 55 and Pacific Coast Highway (including Hoag hospital and properties
along Mariner’s Mile) have the most intense non-residential development in Newport Beach. Current uses within
the Newport Center/Fashion Island include retail, restaurant, residential and offices. Current uses near the John
Wayne Airport include hotels, offices, and airport related uses such as car rental offices. In general, non-residential
development throughout Newport Beach is of low intensity.
Figure 43. Existing Non-Residential Development: Building Footprint to Parcel Ratio Intensity.
Building Footprint to
Parcel Ratio:
Non-Residential
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Source: Dudek, Urban Footprint base canvas parcel data from CoreLogic, Parcel Reference Data 2023SCAG, 2019 Annual Land
Use
5.1.3 Public Facilities and Utilities
Public facilities and utilities include public buildings such as libraries and the Civic Center, as well as buildings and
infrastructure associated with public utilities. As shown in Table 2, public utilities total 613.15 acres of land and
include 479,153 square feet of built development. They are of relatively low intensity, with a combined average
FAR of 0.11. As shown in Figure 5, Existing Public, Semi-Public, and Institutional Development, public facilities are
relatively evenly distributed throughout Newport Beach, with the exception of Newport Coast, which has mostly
residential development and open spaces and natural conservation areas.
5.1.4 Institutional
Institutional land uses include public and private schools and hospital campuses. This land use category makes up
a total acreage of 240.15 and includes 4,615,898 square feet of built development. A majority of the built
development are hospital campuses, which also have the highest FAR of any land use category in Newport Beach,
at 4.76. This would indicate that hospital parcels are intensely developed with high-rise buildings. Moreover, there
are only a few parcels developed with hospitals and other medical institutions, the largest and most notable of
which is Hoag Hospital. As shown in Figure 5, educational institutions are relatively evenly distributed throughout
Newport Beach, and conversely have a low intensity FAR of 0.07 making up the majority of the total land use
category acreage at 221.18. This indicates that education institutions likely have a significant amount of land
dedicated to recreation and open space.
5.1.55.1.3 Parks and Open Space
Together, parks and open space make up the second largest land use categoryuse of land by area in Newport
Beach, constituting 30% of total land use. These land uses are generally undeveloped, but contain some low-
intensity development to accommodate community rooms, restrooms, and other type of facilities. Because these
parcels are not intended for development, and as such, built development totals are not calculated. As shown in
Figure 54, Newport Beach has an abundance of parks and open space, and these parks are relatively evenly
distributed. The size of parks varies significantly, however. More densely developed areas, such as Balboa
Peninsula and the western part of Newport Beach, have much smaller parks than the central parts of Newport
Beach and Newport Coast, but are surrounding by water, beaches, and other types of recreational opportunities.
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Figure 54. Existing Public, Semi-Public, and Institutional Development
Source: Dudek, Urban Footprint base canvas parcel data from CoreLogic, Parcel Reference Data 2023
5.1.4 Waste Management
The City of Newport Beach, California, provides comprehensive waste collection services for both residential and
commercial sectors. Residential waste is collected by the City’s waste hauler, CR&R Environmental Services; several
franchised haulers provide commercial solid waste collection for Tier 1 waste (municipal solid waste and divertible
materials) and Tier 2 waste (construction and demolition debris). For waste disposal, the Newport Beach Transfer
Station, located at 592 Superior Avenue, accepts various types of waste including tires, solid waste, hazardous
waste, and inert material waste. Other types of waste are handled by Orange County Landfills.
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The City has also implemented a new and improved recycling collection program to meet new state mandates from
SB 1383 (2022). This includes the recycling of organic waste, including food waste and green waste, for which the
City provides separate recycle containers for all homes and requires the recycling of organic waste. The purpose of
these new requirements is to reduce organic waste disposal by 75% by 2025 in an effort to abate methane
emissions, of which organic waste comprises 20% statewide9.
5.1.6 Other Land Uses
Remaining land use categories for the City are agriculture, cemeteries, and vacant land. Together, these make up
2% of Newport Beach and are mostly undeveloped or developed at low intensity. They have a total of 112,820
square feet of built development and an average FAR of 0.01. Vacant land is sparse and is indicated as such based
on satellite imagery which identified unpaved roads near other residential uses and the Single Unit Residential
Detached (RS-D) land use designation within the Newport Coast area.
5.1.75.1.5 Sphere of Influence
The Sphere of Influence (SOI) is considered in the development of the Land Use Element because it encompasses
the area most likely to be the ultimate physical boundary and service area of local government agencies, as
determined by the Local Agency Formation Commission of Orange County (Orange LAFCO). While cities do not have
jurisdiction within the SOI, a city may pre-zone unincorporated territory to determine the zoning that will apply to
that territory upon annexation to the city (Cal. GOV. 65859). The City’s SOI is a 492.85-acre area located west of
Newport Beach adjacent to the Santa Ana River and the Cities of Huntington Beach and Costa Mesa. The area is
referred to as the Randall Preserve but was formerly known as Banning Ranch, and is referred to as Banning Ranch
in the adopted General Plan. The Randall Preserve is an important open space resource for Newport Beach. Several
policies for the acquisition and preservation of the area are included in the adopted General Plan Natural Resources
and Land Use Elements. Within the adopted Natural Resources Element, one policy is included for the protection
of sensitive and rare resources, and for consideration of the natural resources within Banning Ranch if development
were to occur (NR 10.9 Development on Banning Ranch). Policies within the adopted Land Use Element also identify
Banning Ranch as a priority site for acquisition of and preservation as an open space amenity for Newport Beach
residents (LU 3.4, 6.3.2); and several policies include considerations and direction for the uses allowed,
development and design priorities, and prohibited activities in the event the site would be annexed and/or if
acquisition of the property for the preservation of open space is unsuccessful (LU 2.7, 6.4.5, 6.4.10, 6.4.11, and
6.5.2). As shown in Figure 65, Existing Land Uses and Development in Sphere of Influence, it includes agriculture,
civic facilities, natural/conservation, and water uses, but has no buildings or developed land. Therefore, the SOI
was not included in Table 2.
A portion of the Randall Preserve is under the stewardship of the Mountains Recreation and Conservation Authority
with the intent of preserving and restoring the natural habitat and increasing public access for recreational
purposes. The oil field within Banning Ranch, known as the Banning Ranch Remainder, was acquired by the Coastal
Alliance Corridor (previously Banning Ranch Conservancy) and the Trust for Public Land renamed as the Banning
Ranch Remainder. The Banning Ranch Remainder is a 13-acre carve out from the Randall Preserve property. This
land is privately owned and is intended for the consolidation of oil operations.
9 City of Newport Beach. n.d. “Trash & Recycling.” https://www.newportbeachca.gov/government/departments/public-
works/municipal-operations/trash-recycling
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Figure 56. Existing Land Uses and DevelopmentUse of Land in Sphere of Influence
Source: Dudek, Urban Footprint base canvas parcel data from CoreLogic, Parcel Reference Data 2023
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5.2 Land Use Designations
There are 30 land use designations for the City, each of which fall under one of seven primary use categories. These
designations are defined in the Land Use Element, which specifies the primary land use categories, types of uses,
and the densities/intensities to be permitted, and depicts the specific use categories for each parcel throughout
Newport Beach. Figure 76, Total Percentage of Acreage per Land Use Designation Category, provides a visual
breakdown of acreage based on the following land use designations:
▪ Residential Neighborhoods
▪ Commercial Districts and Corridors
▪ Commercial Office Districts
▪ Industrial Districts
▪ Airport Supporting Districts
▪ Mixed-Use Districts
▪ Public, Semi-Public, and Institutional
Table 32, Land Use Designation Categories, provides a detailed breakdown of total acres and percentage of acreage
relative to the City’s total for each land use designation listed in the General Plan, as well as a description of each
land use designation, including density and intensity ranges, where applicable. Of the seven categories, the Public,
Semi-Public, and Institutional and the Residential categories comprise the most acreage in Newport Beach.
Together, both categories cover 89.8% of Newport Beach’s total acreage, reflecting the City’s primary nature as a
residential community surrounded by natural landscapes, as reflected in Figure 87, Land Use Designations in
Newport Beach. The Public, Semi-Public, and Institutional category accounts for the most acreage covered, which
has enabled the City to offer numerous natural and recreational spaces for its residents and visitors.
The density and intensity ranges provided for all land use categories, with the exception of Mixed-Use, are not
provided in the adopted General Plan, and are provided based on ranges identified in the land use GIS data. Within
the GIS data, two areas amounting to approximately 3 acres of land within Newport Beach are identified as a
Multiple Residential/Open Space (RM/OS) land use designation, which is not listed in the adopted Land Use
Element and may need to be included as part of this update.
Table 23. Land Use Designation Categories
Land Use
Designation Description
Total
Acres
Percent of
City’s Land
Residential Neighborhoods 5,616.50 43.27%
Multiple
Residential (RM)
Intended for multi-family residential developments with
attached and/or detached dwelling units.
(Density range 11 to 43 units per acre or fixed capacity for
specific locations.)
986.36 7.59%
Multiple
Residential
Detached (RM-D)
Intended for multi-family residential developments with
detached dwelling units.
(Fixed capacity for specific locations from 23 units to 144
units.)
64.26 0.49%
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Table 23. Land Use Designation Categories
Land Use
Designation Description
Total
Acres
Percent of
City’s Land
Single Unit
Residential
Attached (RS-A)
Intended for attached single-family residential developments
on a single lot, and does not include condominiums or
cooperative housing.
(Fixed capacity at 1 unit per lot.)
176.85 1.36%
Single Unit
Residential
Detached (RS-D)
Intended for detached single-family residential developments
on a single lot, and does not include condominiums or
cooperative housing.
(Fixed capacity at 1 unit per lot.)
4,012.82 30.91%
Two Unit
Residential (RT)
Intended for two-family residential developments, which may
include duplexes and townhomes.
(Fixed capacity at 2 units per lot.)
376.21 2.89%
Commercial Districts and Corridors 552.86 4.25%
Corridor
Commercial (CC)
Intended for neighborhood-serving retail and service uses
along street frontages to encourage pedestrian activity.
(Floor area ratio [FAR] from 0.5 to 0.75.)
20.85 0.16%
General
Commercial (CG)
Intended for commercial activities that serve Citywide and/or
general needs.
(FAR ranges from 0.1 to 0.75 or cumulative development for
specific sites.)
120.06 0.92%
Neighborhood
Commercial (CN)
Intended for a limited range of retail and service uses
developed in one or more distinct centers oriented to primarily
serve the needs of and maintain compatibility with nearby
residential uses.
(FAR of 0.3 or cumulative development for specific sites.)
57.06 0.43%
Recreational and
Marine
Commercial (CM)
Intended for commercial development on waterfront
commercial and industrial building sites on or near Newport
Bay.
(FAR ranges from 0.3 to 0.5 or cumulative development for
specific sites.)
52.74 0.4%
Regional
Commercial (CR)
Intended for shopping centers with one or more anchor retail,
entertainment, and related uses for local and regional
residents and visitors.
(Cumulative development for a specific site.)
74.75 0.57%
Visitor Serving
Commercial (CV)
Intended for commercial uses that primarily serve visitors.
(FAR range of 0.5 to 1 or cumulative development for a
specific site.)
221.92 1.7%
Visitor Serving
Commercial –
Lido Village
(CV-LV)
Intended for several commercial uses in the Lido Village area
that primarily serve visitors.
(Cumulative development for a specific site.)
5.48 0.04%
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Table 23. Land Use Designation Categories
Land Use
Designation Description
Total
Acres
Percent of
City’s Land
Commercial Office Districts 306.45 2.36%
General
Commercial
Office (CO-G)
Intended for administrative, professional, and medical offices
with limited accessory retail and service uses.
(FAR from 0.25 to 0.75 or cumulative development for specific
sites.)
170.25 1.31%
Medical
Commercial
Office (CO-M)
Intended for medical-related offices, retail, care facilities,
research labs, and similar uses.
(FAR from 0.45 to 0.5 or cumulative development for specific
sites.)
45.76 0.35%
Regional
Commercial
Office (CO-R)
Intended for administrative and professional offices that serve
local and regional markets, with limited accessory retail,
financial, service, and entertainment uses.
(Cumulative development for specific sites.)
90.44 0.69%
Industrial Districts 41.66 0.32%
General
Industrial (IG)
Intended for moderate- to low-intensity industrial uses, such
as light manufacturing, and limited ancillary commercial and
office uses.
(FAR from 0.5 to 0.75 or cumulative development for specific
sites.)
41.66 0.32%
Airport Supporting Districts 37.81 0.29%
Airport Office and
Supporting Uses
(AO)
Intended for uses that support or benefit from operations of
the John Wayne Airport. May include professional offices,
aviation retail, car rental, hotels, ancillary retail, restaurant,
and service uses.
(FAR to be 0.5, except for warehousing, which may be
developed at a FAR of 0.75.)
37.81 0.29%
Mixed-Use Districts 383.97 2.95%
Mixed-Use
Horizontal 1
(MU-H1)
Intended for horizontal mix of uses. Types of uses permitted is
context sensitive. In the Mariners Mile Corridor, Recreational
and Marine Commercial (CM) and General Commercial (CG)
uses apply, including general and marine-related and highway-
oriented uses; in the Dover Drive/Westcliff Drive area, may be
developed with a mix of professional offices, retail, and
residential uses in accordance with the Commercial Office
(CO) and Mixed-Use Vertical (MU-V) designations.
MU-H1 designated properties to the rear of the commercial
frontage may be developed for free-standing neighborhood-
serving retail, multi-family residential units, or mixed-use
buildings that integrate residential with retail uses on the
ground floor in accordance with the Neighborhood Commercial
(CN), Multiple Residential (RM), Visitor Serving Commercial
(CV), or Mixed-Use Vertical (MU-V) designations, respectively.
23.78 0.18%
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Table 23. Land Use Designation Categories
Land Use
Designation Description
Total
Acres
Percent of
City’s Land
Commercial or Office uses shall not exceed a FAR of 0.5.
Multi-Family Residential are allowed 20.1 to 26.7 units per
acre.
Mixed-use is allowed a FAR of 1.5; where a minimum FAR of
0.25 and a maximum FAR of 0.5 shall be used for non-
residential purposes, and a maximum FAR of 1.0 shall be
used for residential.
Mixed-Use
Horizontal 2
(MU-H2)
Intended for horizontal intermixing of uses near the Airport
Area, which may include regional commercial office, multi-
family residential, vertical mixed-use buildings, industrial, and
ancillary neighborhood commercial uses.
(Cumulative non-residential and residential development for
specific sites apply.)
219.76 1.69%
Mixed-Use
Horizontal 3
(MU-H3)
Intended for horizontal intermixing of uses near Newport
Center, which may include commercial office, multi-family
residential, and ancillary commercial uses. Within the Tennis
Club, residential uses may be developed as single-family units.
(Cumulative development for non-residential and residential
uses for specific sites apply.)
76.05 0.58%
Mixed-Use
Horizontal 4
(MU-H4)
Intended to establish the character of a distinct and cohesively
developed district or neighborhood containing multi-family
residential with clusters of mixed-use and/or general and
neighborhood commercial uses. Standalone uses are
permitted except at street intersections where mixed-use or
commercial building is required. In mixed-use structures, uses
in accordance with the Mixed-Use Vertical (MU-V) designation
apply.
9.74 0.07%
Mixed-Use FAR of 1.5; where a minimum FAR of 0.25 and a
maximum FAR of 0.5 shall be used for non-residential
purposes, and a maximum FAR of 1.0 shall be used for
residential.
Commercial uses shall not exceed a FAR of 0.5.
Multi-Family Residential developments are allowed 20.1 to
26.7 units per acre.
Mixed-Use
Vertical (MU-V)
Intended to provide for the development of properties for
mixed-use structures that vertically integrate housing with
retail uses, including retail, office, restaurant, and similar non-
residential uses, or as standalone retail or office uses in
accordance with the Neighborhood Commercial (CN), Corridor
Commercial (CC), General Commercial (CG), or General
Commercial Office (CO-G) designations.
5.37 0.04%
Mixed-use allows a FAR of 1.5, where a minimum FAR of 0.35
and a maximum FAR of 0.5 shall be used for non-residential
purposes, and a maximum FAR of 1.0 shall be used for
residential.
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Table 23. Land Use Designation Categories
Land Use
Designation Description
Total
Acres
Percent of
City’s Land
Non-residential uses are allowed a FAR of 0.75.
Mixed-Use Water
1 (MU-W1)
This designation is applied to waterfront locations along the
Mariners’ Mile Corridor in which marine-related, visitor-serving,
commercial and residential uses are intermixed with buildings
that provide residential uses above the ground floor. Permitted
uses include those permitted by the Recreational and Marine
Commercial (CM), Visitor Serving Commercial (CV), Mixed-Use
Vertical (MU-V), and Multiple Residential (RM) designations. A
minimum of 50% of the permitted square footage shall be
used for the CM or CV land uses, and no more than 50% of the
waterfront area between the Arches Bridge and the Boy Scout
Sea Base may be developed with mixed-use structures.
20.12 0.15%
Commercial development may not exceed a FAR of 0.5.
Residential development may not exceed 12 units per acre,
with the number of units calculated based on a maximum of
50% of the property.
Mixed-use may not exceed a FAR of 1.25, where a minimum
FAR of 0.35 and a maximum FAR of 0.5 shall be used for non-
residential purposes, and the number of residential units shall
not exceed the cumulative total, as calculated above.
Mixed-Use Water
2 (MU-W2)
This designation is intended for waterfront locations where
marine-related uses may be intermixed with buildings that
provide residential on the upper floors. Permitted uses include
those permitted by the Recreational and Marine Commercial
(CM), Visitor Serving Commercial (CV), and Mixed-Use Vertical
(MU-V) designations. Free-standing residential shall not be
permitted.
29.11 0.22%
Mixed-use may not exceed a FAR of 1.25, where a minimum
FAR of 0.35 and a maximum FAR of 0.5 shall be used for non-
residential purposes, and a maximum FAR of 0.75 for
residential.
Lido Marina Village maximum FAR shall be 1.5, where a
minimum FAR of 0.35 and a maximum FAR of 0.7 shall be
used for non-residential purposes, and a maximum FAR of 0.8
shall be for residential.
Non-residential uses may not exceed a FAR of 0.5.
Public, Semi-Public, and Institutional 6,039.60 46.53%
Public Facilities
(PF)
Intended for public facilities, which may include public schools,
hospitals, cultural institutions, government facilities, libraries,
and community centers.
(Cumulative development for specific sites.)
444.52 3.42%
Private
Institutions (PI)
Intended for privately owned facilities that serve the public,
such as places for religious assembly, private schools, health
care, cultural institutions, and comparable facilities.
221.20 1.70%
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Table 23. Land Use Designation Categories
Land Use
Designation Description
Total
Acres
Percent of
City’s Land
(FAR ranges from 0.1 to 1 or cumulative development for
specific sites.)
Open Space (OS) Intended for areas providing a range of public and private uses
intended to protect, maintain, and enhance the community’s
natural resources.
3,042.46 23.44%
Open Space/
Residential
Village (OS/RV)
Intended for the preservation of Banning Ranch as open
space, restoration of wetlands and other habitats,
development of a community park, and consolidation of oil
extraction and processing facilities.
(Cumulative development for specific site.)
520.44 4.00%
Parks and
Recreation (PR)
Intended for active public or private recreational use, which
may include active and passive parks, marina support
facilities, aquatic facilities, and similar facilities.
1,783.37 13.74%
Tidelands and
Submerged
Lands (TS)
Intended for uses related to tidelands and submerged lands of
Newport Bay and the Pacific Ocean immediately adjacent to
Newport Beach.
27.60 0.21%
Total 12,978.85 99.97%
Source: City of Newport Beach, 2006, City of Newport Beach General Plan Land Use Element, Newport Beach Land Use GIS data.
Note: Totals may not sum due to rounding.
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Figure 76. Total Percentage of Acreage per Land Use CategoryDesignation Category
Source: Dudek, Newport Beach Land Uses GIS data
Residential
Neighborhoods
43.27%
Commercial Districts
and Corridors
4.25%Commercial Office
Districts
2.36%
Industrial
0.32%
Airport Supporting
Districts
0.29%
Mixed-Use
2.95%
Public, Semi-Public and
Institutional
46.53%
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Figure 87. Land Use Designations in Newport Beach
Source: Dudek, Newport Beach Land Uses GIS data
5.2.1 Residential
The Single Unit Residential Attached (RS-A) designation, one of five residential land use designations, is the land
use that is the most common throughout Newport Beach and accounts for nearly one-third of the City’s land.
Although most residential land is designated for single-family use, Newport Beach also has a sizable amount of land
designated for multi-family uses. All residential land uses have fixed capacities in lieu of density ranges, with the
exception of the Multiple Residential (RM) land use designation, which has a range of permitted densities of 11 to
43 dwelling units per acre. Proposed residential overlays include permitted maximum densities ranging from 50 to
60 dwelling units per acre, however, this considers the average density of a project site. Residential uses are
predominately single-family homes, with both types of single-unit residential (attached and detached) accounting
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for nearly one-third of Newport Beach’s land. As shown in Figure 87, the residential land use designation is fairly
evenly dispersed across Newport Beach. Developed areas are mostly bound by natural barriers, such as bodies of
water and open space, and more dense land use designation types are generally located along major and arterial
roads.
5.2.2 Commercial and Mixed-Use
The most prominent commercial land use designation, including Districts, Corridors, and Commercial Office
Districts, is Visitor Serving Commercial (CV), reflecting Newport Beach’s prominence as a destination city and the
benefits that tourism provides to the local economy. The Visitor Serving Commercial (CV) land use designation
occurs near Lower Newport Bay and on the southeastern area of Newport Beach near Crystal Cove State Beach.
Commercial land use designations form specific nodes within Newport Beach, with notable locations at Newport
Center in the central of Newport Beach, and in the northern area of Newport Beach known as the Airport Area, near
John Wayne Airport. Most commercial land use designations provide a FAR range that dictates the permitted
intensity of commercial development; however, some designations, such as Regional Commercial (CR), Visitor
Serving Commercial – Lido Village (CV-LV), and Regional Commercial Office (CO-R), prescribe specific development
capacities based on maximum square footage for commercial development.
Mixed-use land use designations are generally clustered near commercially designated lands. Therefore, mixed
uses are generally distributed in the same areas as commercial land uses, with the exception of the eastern area
of Newport Beach where there are no mixed-use designations. The Mixed Use Horizontal 2 (MU-H2) land use
designation is the most prominent mixed-use land use type and is intended to serve the Airport Area. The MU-H2
designation identifies cumulative non-residential and residential development for specific sites.
5.2.3 Industrial and Airport Supporting
The Industrial Districts and Airport Supporting Districts land use designations make up a low percentage of the City’s
land at 0.36% and 0.29%, respectively. There are three distinct nodes within Newport Beach with these designations:
near the Airport Area, near Jamboree Road and Bison Avenue, and near Newport Beach’s western boundary near
Banning Ranch. Industrial Districts include the General Industrial designation, which provides for a range of industrial
uses such as light manufacturing and research and development, and limited ancillary commercial and office uses.
The Airport Supporting Districts includes the Airport Office and Supporting Uses designation, which provides for the
development of properties adjoining the John Wayne Airport for uses that support or benefit from proximity to the
airport such as professional offices, aviation retail, automobile rental, sales, and service, hotels, and ancillary retail
restaurant, and service uses.
5.2.4 Public, Semi-Public, and Institutional
Public, Semi-Public, and Institutional lands make up nearly half of Newport Beach, at 46.53%. These areas make
up beaches, parks, open spaces, schools, the Civic Center, and the San Joaquin Reservoir, among other public-
serving facilities. The amount of land dedicated to these uses is representative of the values of the community,
contributing to public health, social wellbeing, and economic vitality. Current land use patterns are indicative of
many of the key characteristics that make Newport Beach unique.
The most significant land use designation within the Public, Semi-Public, and Institutional category is Open Space
(OS), making up approximately 23% of Newport Beach’s land, followed by Parks and Recreation (PR) at
GENERAL PLAN UPDATE / LAND USE ELEMENT EXISTING CONDITIONS AND BACKGROUND ANALYSIS
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approximately 13%, which includes beaches. As show in Figure 87, the Open Space (OS) land use designation is
generally distributed throughout Newport Beach, with larger swaths of land on the eastern side where reserves and
State parks reside.
5.2.5 Specific Plans
The City’s adopted Land Use Element identifies Specific Plans for seven areas, including Newport Shores, Central
Balboa, Old Newport Boulevard, and Mariners’ Mile. These Specific Plans detail additional design guidelines and
development standards to support specific visions for these districts. In the Mariners’ Mile Specific Plan, for example,
regulations supported the district’s marine-oriented uses through an emphasis on visitor-serving, neighborhood
commercial and marine-oriented uses. Through the October 2010 Comprehensive Zoning Code Update, the Specific
Plan districts of Newport Shores, Mariners’ Mile, Cannery Village/McFadden Square, Central Balboa, and Old Newport
Village were all eliminated and were replaced by existing zones based on the General Plan. This approach applied
citywide zones to these areas, as appropriate, to provide a more comprehensive and streamlined approach to
development of these areas.
The only remaining City Specific Plan is the Santa Ana Heights Specific Plan, which is Chapter 20.90 (Santa Ana
Heights Specific Plan) of the Newport Beach Zoning Code. The area was previously under Orange County’s
jurisdiction and while the City has permitting jurisdiction in the Santa Ana Heights Specific Plan, any amendments
to the specific plan would require coordination with the County. The pPrimary objectives of the Santa Ana Heights
Specific Plan are as follows:
▪ Encourage the improvement of existing residential and commercial areas
▪ Provide adequate buffers between residential neighborhoods and adjacent business park and commercial
development, including traffic control between these land uses
▪ Encourage the consolidation of small lots in business park areas
▪ Provide adequate public facilities to support continued development in the community
▪ Facilitate the development of increased equestrian opportunities in permitted residential zones
▪ Enhance the community’s overall aesthetic character
The Santa Ana Heights Specific Plan includes 13 land use designations that were created specifically to support
these objectives, as follows:
▪ Open Space and Recreational District: SP-7 (OS/R)
▪ Residential Equestrian District: SP-7 (REQ)
▪ Residential Kennel District: SP-7 (RK)
▪ Residential Single-Family District: SP-7 (RSF)
▪ Residential Multiple-Family District: SP-7 (RMF)
▪ Horticultural Nursery District: SP-7 (HN)
▪ General Commercial District: SP-7 (GC)
▪ Business Park District: SP-7 (BP)
▪ Professional and Administrative Office District: SP-7 (PA)
▪ Professional, Administrative, and Commercial Consolidation District: SP-7 (PACC)
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▪ Planned Development Combining District (PD)
▪ Commercial Stable Overlay District: (S)
▪ Commercial Nursery Overlay District: (N)
Figure 9, Santa Ana Heights Specific Planning Area, indicates the boundaries of this district, and Figure 1098, Land
Use Designations in the Santa Ana Heights Specific Planning Area, indicates each parcel’s land use.
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Figure 9. Santa Ana Heights Specific Planning Area
Source: Dudek, Newport Beach GIS data
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Figure 1098. Land Use Designations in the Santa Ana Heights Specific Planning Area
Source: City of Newport Beach Municipal Code. Title 20, Chapter 20.90.
https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2090.html#20.90. Retrieved May
2024.Orange County Board of Supervisors, 2001
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5.3 Land Use Needs
The updated Land Use Element will need to consider whether the non-residential needs of existing and planned
residents will be met as new development occurs. This will be determined largely through community outreach and
engagement, and will focus on identifying the needs of residents Citywide and by village/neighborhood. According
to 2023 parcel reference data, there are 45,097 housing units and approximately 39 million square feet of
commercial, industrial, and institutional uses in Newport Beach. Although housing compared to the population can
indicate the approximate number of people per household, the amount of space dedicated to employment, retail,
and community services can indicate how the population is served at a point in time. If approved, the Housing
Element Implementation Plan’s amendment to the adopted Land Use Element will increase housing capacity by
approximately 8,000 units. Although this will not directly result in the development of new units, it is important to
consider comparable land use changes that could accommodate the potential for new residents. As the population
increases, the number of housing units and employment, retail, and community services may need to increase to
maintain the access to resources to which the community is accustomed.
As described in Section 5.1.1 above, the City’s housing stock consists of approximately 45,097 total units. The
proposed increase in residential capacity identified in the concurrent Land Use Element amendment, as further
described in Section 4.3.5, would allow for approximately 8,000 additional units beyond those in the adopted 2006
General Plan. If the entirety of the units identified through the Land Use Element amendment for the Housing
Element Implementation Program were developed, this would represent an increase in the current housing stock
of approximately 18%. Although planned capacity for development does not mean that development will occur,
planned uses should consider a balanced approach to meet existing and planned community needs. This can be
supported through the development of Specific Plans for key areas to provide a balanced approach to land use that
incorporates area-specific regulations, approval processes, and infrastructure plans.
Through the General Plan Update process land use changes should be considered by all interested parties through
a robust outreach and engagement program that considers current and future needs. Further, any land use changes
that would be considered to be a “significant increase” under Charter Section 423 should weigh the potential risks
and barriers.
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6 Issues and Opportunities
This chapter identifies key topic areas that present opportunities in terms of land use decisions and potential
constraints related to land use. Because Newport Beach is largely built-out, most new development will occur on
scattered sites or through redevelopment. Developing a baseline of understanding for what is on the ground
compared to what is planned can help identify where opportunities may lie. Further, an understanding of those
areas that the community values the most can identify areas that should be protected and preserved. Striking a
balance between accommodating growth and maintaining the community’s identity will require careful
consideration from all interested parties.
6.1 Constraints to Land Use Changes
While there is limited vacant land available for development in Newport Beach, development is further constrained
by the City’s location in the coastal zone and its proximity to the John Wayne Airport. The coastal zone includes all
neighborhoods adjacent to the coast and harbor, and extends inland to the areas surrounding Upper Newport Bay.
The areas constrained by the John Wayne Airport include areas near the John Wayne Airport both northeast and
southwest of the 73 Freeway, referred to as “Airport Area” in the adopted Land Use Element. The AELUP is intended
to protect public health and safety as it relates to airport-related hazards, and the LCP ensures that California’s
coastline is developed in a manner that maintains public access to beaches. Both of these planning areas are
subject to additional land use and development restrictions, including additional development review. For these
reasons, some land use changes and development may be restricted in the coastal zone and the Airport Area. Given
planned densities in the Airport Area, members of the General Plan Advisory Committee (GPAC) have expressed
desire for the development of a specific plan to help guide development in the area.
Further, changes to the adopted Land Use Element are limited by Charter Section 423. Any amendment to the Land
Use Element that could result in more than 100 new dwelling units or more than 40,000 square feet of floor area
would require voter approval. As discussed in Section 5.4, Land Use Needs, if the Housing Element Implementation
Plan’s amendment to the adopted Land Use Element is approved by voters, a proportional increase in land uses to
support employment, retail, and community services would result in a more than 40,000 square feet of floor area.
Generating support for major amendments to the adopted General Plan can take time and can be costly.
6.2 Opportunities for Land Use Changes
One of the greatest opportunities for changes in land use involves expanding opportunities for community-serving
retail, entertainment, and services. Through the adopted Arts and Cultural Element, the recently approved Central
Library Lecture Hall, and the variety of arts and culture programs offered, it is apparent that facilities that highlight
arts and culture are highly valued in Newport Beach. If there is community desire for land use changes through the
General Plan Update, community-serving uses should be considered in a manner that can be realistically achieved.
Any changes in land use should consider building upon ongoing and planned efforts to capitalize on neighborhood
improvements, such as the expansion of the Sherman Library and Gardens, an assessment of Corona del Mar to
identify enhancement opportunities, and other planned investments, such as capital improvements. Planning land
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use changes to go alongside neighborhood investments can help increase the likelihood that the development will
occur because surrounding investments can help reduce the cost associated with planned development.
Further opportunities exist through the use of Specific Plans that can be utilized to create complete communities
for specific areas where a variety of uses and supportive infrastructure may be needed.
The identification of opportunities for potential land use changes and supporting policies will be determined through
outreach and engagement where discourse on community values and aspirations can be fostered.
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7 Recommendations
The updated Land Use Element presents opportunities for the City and community to develop a plan for growth and
preservation that will meet the needs of existing and future residents, employees, businesses, and visitors. The
recommendations of this chapter should be expanded upon through coordination with the community through an
outreach and engagement program. Further recommendations can be further assessed through data analysis and
research of targeted areas.
7.1 General Plan Consistency
The adopted General Plan identifies “planning sub-areas” that some in the community would refer to as villages or
neighborhoods. The General Plan Update presents an opportunity to comprehensively identify sub-areas, villages,
and neighborhoods that already may be identified by many in the community within Newport Beach but that may
not be reflected in current data and maps. A comprehensive identification of these areas would need to be
developed through coordination with the community. Once developed, such areas could create consistent
messaging and a sense of connection to the community while establishing City-recognized boundaries, preventing
outside organizations from establishing boundaries the community does not identify with.
7.2 Community Priorities
Any proposed land use changes should only be considered without robust community engagement to understand
the community’s current and anticipated needs. When communities are balanced with a variety of land uses to
meet the varying needs of residents, businesses, and visitors, this can result in a thriving community. While,
changes in land use alone do not result in development, it is important that the community’s values and vision also
consider ongoing efforts, such as the expansion of the Sherman Library and Gardens and the analysis of Corona
del Mar to identify opportunity areas where there may be interest in land use changes through the General Plan
Update. Other considerations could include areas where there are planned capital improvements that could benefit
from additional development as a result of land use changes. Such considerations will identify key opportunities
where community values hold the greatest propensity for being realized.
7.3 Balanced Communities
Although it can be exciting to consider key areas where change could occur, it is important to consider the
comprehensive implications of land use changes. Increases in density and intensity often result in needed
improvements to public facilities, often related to water, electricity, and transportation facilities. With new facilities
comes additional costs, much of which is placed on the prospective developer and the City. Any proposed land use
changes should consider the facility upgrades and investments, and their impact on the potential for
implementation. If proposed land use changes are significant, they could result in costly needed improvements that
could render future development infeasible. Policy considerations include identifying planning tools to implement
and identifying focus areas where improvements to support development may be needed. For example, specific
plans often provide a comprehensive approach to addressing land use and infrastructure needs at the
neighborhood scale and should be considered to build on opportunities where a variety of land uses is expected.