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Home My WebLink About23 - Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant - PowerPoint (Staff)HOUSING ELEMENT IMPLEMENTATION PROGRAM AMENDMENTS (PA2022=0245) City Council Public Hearing July 23, 2024 Community Development Department 6t" Cycle Regional Housing Needs Assessment (RHNA) o 4,845 new units (2021-2029) with 71 % affordable to very -low -/low -/moderate -income 50 Public Meetings and Close Coordination with State HCD o Steering Committee, Housing Element Update Advisory Committee, Planning Commission, City Council, and Community Workshops 2022 Housing Element Adoption and Certification ("The Plan") o Established housing plan, including focus areas and unit counts 0 9th jurisdiction of 35 in Orange County to achieve compliance Implementation Program Amendments ("The Action") o Legislative changes to implement the already adopted and certified Housing Element 14 Public Meetings (since adoption of HE) o Steering Committee, Advisory Committee, Land Use Subcommittee, Planning Commission, and City Council ✓Must implement rezonings by February 12, 2025, to maintain certification ✓HCD to begin checking in 120 days ahead of deadline Table R-1: Summary of RHNA Statu-s and Sites Inventory E xtriE rn a ly ,above Lowy �� Lbw f�+l adera#� Moderate T�ta I Income Ir1��rr�e Lour In cone InCorn e 2021-2029 RHNA 1, 4 !2 6 930 1, 0 5c) 1,409 4,945 RHNA Credit (Units Built) -BD I BD 1 BD 70D 7BD Total RHNA Obligations Sites Avai table 1,456 1 !930 1 1,050 1,409 4,845 Projects in the Pipeline 175 32 1,455 1.662 Accessory Dwel lira Units 163 72 5 240 51h Cycle Sites 0 2$ 7 40 3 2/ Remainlrh4 RNNA 2,049 659 — 2,707 Airport Area Environs I f3 258 1+546 2, Rezone� West Newport Mesa � �2 111 664 1�107 I�e2o n e De-ve r-Westcliff Rezone 15b 52 313 521 N ew port Cente r Re zone 732 244 1,463 2,439 Comte Ca rr o n Rego n e 383 153 995 1,530 Total Potential Capacity+ of 21+3 76 81g 4+!951 8,174 Rezones TOTAL POTENTIAL 20 714 10 209 6+451 1Dp4D3 aEVE LOPMENT CAPACITY Sites 5utplus/Shortfall +32;8 +155 +5+072 +50559 Percentage Buffer 14 15 360 115 Program Environmental Impact Report (PEIR) Conservative analysis assumes buildout with no replacement of existing uses General Plan Land Use Element Amendment Provides policy support to establish rezoning for housing projects • Title 20 (Planning and Zoning) Amendment o Establishes Housing Opportunity Overlay Zones * Creates Multi -Unit Objective Design Standards Local Coastal Program Amendment Creates Multi -Unit Objective Design Standards Override ALUC's Inconsistency Determination Formally override ALUC's determination by two-thirds majority vote (5 City Council Members) I, CITY OF NEWPORT BEACH Option No. 1 (Vote) Determine a Charter Section 423 Vote is Required and: Certify PEIR Approve General Plan Amendment Approve Zoning Code Amendment Authorize Local Coastal Program Amendment Override ALUC (213 vote required) Call for Consolidated Municipal Election and Related Actions I, CITY OF NEWPORT BEACH Option No. 2 (No Vote) Determine a Charter Section 423 Vote is not Required and: Initiate Narrowly Focused Housing Element Amendment to Remove Charter Section 423 Vote Council calls General Municipal Election for November 5, 2024 Council requests consolidated election with the County City Attorney prepares impartial analysis on Ballot Measure's effect on existing law Arguments may be submitted for and against, and Council may choose to have priority through formal action Rebuttal arguments are filed General Election takes place on November 5, 2024 Vote is certified by the election official I, CITY OF NEWPORT BEACH MEASURE Yes CITY OF NEWPOF T BEACH GENERAL PLAN - AMENDME IT Shall the General Plan's Land Use Element be amended so the No City of Newport Beach can avoid fines of up t $ 0 ,o o per month, losing local control over land use decisions, suspension of authority to issue building permits, and access to state funding, by adding the following State of Californian mandated residential housing opportunity units in Coyote Canyon 1 x o , Dover-11etcliff (521), Hest Newport Mesa 1 , 1 07, the Airport Area 2, 77 , and Newport Center 2,4 ' • July 23, 2024, City Council Public Hearing ✓ All implementing documents and ballot resolutions • August 9, 2024, Last Day to Call Election • August 27, 2024, Second Reading of Ordinances • November 5, 2024, Ballot Vote T, All actions would become effective immediately upon certification of a successful vote (50%+1) I, CITY OF NEWPORT BEACH Option No. 1 (Vote) Determine a Charter Section 423 Vote is Required and: Certify PEIR Approve General Plan Amendment Approve Zoning Code Amendment Authorize Local Coastal Program Amendment Override ALUC (213 vote required) Call for Consolidated Municipal Election and Related Actions I, CITY OF NEWPORT BEACH Option No. 2 (No Vote) Determine a Charter Section 423 Vote is not Required and: Initiate Narrowly Focused Housing Element Amendment to Remove Charter Section 423 Vote • July 23, 2024, City Council Public Hearing ✓ Initiate Housing Element Amendment • July 24, 2024, Housing Element Amendment Published (7-day review) • August 1, 2024, Housing Element Amendment to HCD (up to 60 days) ❑ Assumes accelerated review given narrow focus • August 22, 2024, Planning Commission Public Hearing • September 10, 2024, City Council Public Hearing ✓ Adopt Housing Element Amendment and implementing documents • September 24, 2024, City Council Second Reading All actions would become effective immediately I, CITY OF NEWPORT BEACH CLARIFICATIO A !IM Remaining RHNA. Calculation must account for income categories and is not a simple total Table B-1: Summary of RHNA Status and Sites Inventory Extremely Above Low/ Very Low Moderate Moderate Total Income Income Low Income Income 2021-2029 RHNA 1,456 930 1 OSU 1,409 4,845 RHNA Credit (Units Built) TBD TBD I BD TBD TBD Total RHNA Obligations Sites Available Projects in the Pipeline 1,456 930 1,050 175 32 1,409 1,455 4,845 1,662 Accessory Dwelling Units 163 72 5 240 S`' Cycle Sites 0 287 40 327 Domnlabin DAJJUA 9 nAn cca __ 2 7n7 Meeting State Objectives Housing strategy must further State housing objectives, such as Affirmatively Furthering Fair Housing (AFFH) Density Bonus Units. City's housing strategy does not account for density bonus units — speculative and unrealistic to assume every project will go for any density bonus let alone the maximum allowable HCD Housing Accountability Unit (HAU) is highly active with education and enforcement of State Housing Element Law Some examples of penalties: Housing Element certification revoked (Portola Valley) Building permit moratoria (Beverly Hills and Encinitas) Public litigation with the State Attorney General's Office (Fullerton and Huntington Beach) Loss of State grant funding (e.g., SB1 and SB2 funds) Monthly fines up to $600k at the discretion of the AG Builder's Remedy used in dozens of cities, including Beverly Hills, Santa Monica, Redondo Beach, La Habra, Orange, Mission Viejo, and getting stronger through potential legislation (AB1893-Wicks) City has been diligently pursuing compliance with State Housing Element Law and must implement rezonings by February 2025, and HCD is prepared to hold all cities accountable Option No. 1: If Council decides vote is required... Staff will proceed with working on the election process Option No. 2: If Council decides vote not required... Staff will work with HCD on a targeted amendment to the Housing Element and will aim to return in September for re -adoption and adoption of all amendments Option No. 3? Council may provide an alternative option I, i CITY OF NEWPORT BEACH The Newport Beach Community City Council Members Diane B. Dixon (2022) Duffy Duffield (2022) Joy Brenner (2022) Kevin Muldoon (2022) Mayor Will O'Neill Mayor Pro Tern Joe Stapleton Brad Avery Eric Weigand Noah Blom Lauren Kleiman Robyn Grant Planning Commissioners Eric Weigand (2022) Lauren Kleiman (2022) Peter Koetting (2022) Sarah Klaustermeier (2022) Chair Curtis Ellmore Vice Chair Mark Rosene Brady Barto David Salene Jon Langford Lee Lowrey Tristan Harris Former General Plan Update Steering Committee Members Chair Nancy Gardner James Carlson Catherine O'Hara Ed Selich Debbie Stevens Larry Tucker Paul Watkins Diane B. Dixon (Ex-Officio) Housing Element Update Advisory Committee Members Chair Larry Tucker Jeff Bloom Susan DeSantis Paul Fruchbom Beth Kiley Geoffrey LePlastrier Stephen Sandland Debbie Stevens Michelle Thrakulchavee Will O'Neill (Ex-Officio) Current General Plan Update Steering Committee Members Chair Nancy Gardner Kimberly Carter Phillip Brown General Plan Advisory Committee Members Co -Chair Jeremy Evans Co -Chair Arlene Greer Nicholas Acevedo Dennis Baker Curtis Black Matthew Brady James Carlson Jeff Cefalia Annie Clougherty Susan DeSantis David Guder Lynn Hackman Laird Hayes Charles Klobe Ruth Kobayashi Scott Laidlaw Katie Love Anthony Maniscalchi Thomas Meng Jim Mosher Maxwell Pearson General Plan Advisory Committee Members (Cont.) Robert Rader Harrison Rolfes Nancy Scarbrough Amber Snider Debbie Stevens Graham Wahlberg Christy Walker Paul Watkins Lori Williams City Staff Members Grace Leung Seimone Jurjis Jim Campbell (Retired) Jaime Murillo Benjamin Zdeba Dan Campagnolo Aaron Harp Yolanda Summerhill Deb Gerdy Leilani Brown Tony Brine (Retired) Brad Sommers Consultants Kimley-Horn & Associates, Inc. Kearns & West, Inc. THANK YOU! Seimone Jurjis, Assistant City Manager/Community Development Director Jaime Murillo, AICP, Deputy Community Development Director Ben Zdeba, AICP, Principal Planner